HomeMy WebLinkAboutFisher Ln. #23- 12/14/2006\ COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL
DEPARTMENT OF ENVIRONMENTAL PR rn1 1
SOUTHEAST REGIONAL OFFICE j' j
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 608-94 -
MITT ROMNEY
Governor
I ERRY HEALEY
Lieutenant Governor
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
December 14, 2006
Matthew Griffin RE: MANSFIELD-BWSC
25 Fisher Lane 25 Fisher Lane
Mansfield, Massachusetts 02048 RTN# 4-20217
NOTICE OF RESPONSIBILITY
M.G.L. c. 21E, 310 CMR 40.0000
ATTENTION: Matthew Griffin
W. GOLLEDGE, Jr.
Secretary
ARLEEN O'DONNELL
Commissioner
On December 12, 2006 at 10:04 am the Department of Environmental Protection ("MassDEP ")
received oral notification of a release and/or threat of release of oil and/or hazardous material at the above
referenced property which requires one or more response actions. It was reported that an unknown amount
of fuel oil (oil) leaked onto the basement floor. During a follow-up inspection it was determined that in
excess of 50 gallons of oil had been released to the dirt floor of the basement.
The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L.
c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, require the performance
of response actions to prevent harm to health, safety, public welfare and the environment which may result
from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice
is to inform you of your legal responsibilities under State law for assessing and/or remediating the release at
this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have
the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise.
MassDEP has reason to believe that the release and/or threat of release which has been reported is
or may be a disposal site as defined by the M.C.P. MassDEP also has reason to believe that you (as used in
this letter, "you" refers to Matthew Griffin) are a Potentially Responsible Party (a "Pli with liability
under M.G.L. c.21E §5, for response action costs. This liability is "strict", meaning that it is not based on
fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified
in M.G.L. c.21E §5. This liability is also "joint and several", meaning that you may be liable for all
response action costs incurred at a disposal site regardless of the existence of any other liable parties.
This information is available in alternate formnt. Call Donald M, Games, ADA Coordinator at 617-5564057. TDD service- I-800-298-2207.
MassDEP on the World Wide Web: http:/Av .mass.gov/dep
100 Printed on Recycled Paper
2
MassDEP encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate
actions in response to releases and threats of release of oil and/or hazardous materials. By taking prompt
action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs
incurred by MassDEP in taking such actions. You may also avoid the imposition of, the amount of or
reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer
to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of
liability under M.G.L. c.21E is attached to this notice.
You should be aware that you may have claims against third parties for damages, including claims
for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are
governed by laws which establish the time allowed for bringing litigation. MassDEP encourages you to take
any action necessary to protect any such claims you may have against third parties.
At the time of oral notification to MassDEP, the following response actions were approved as an
Immediate Response Action (IRA):
• Pumping and removal of leaking 275 gallon above ground storage tank.
• Deployment of absorbent/containment materials.
• Removal and containment (drums) of heavily stained soil from floor.
• Installation of poly sheeting on basement door and dirt floor.
• Temporary ventilation of basement via negative air system.
• All Remediation Waste must be properly stored/handled and disposed of within 120 days
from the date of generation per 310 CMR 40.0030.
Additional submittals are necessary with regard to this notification including, but not limited to, the
filing of a written IRA Plan, IRA Completion Statement and/or a Response Action Outcome (RAO)
statement. The MCP requires that a fee of $1,200 be submitted to MassDEP when an RAO statement
is filed greater than 120 days from the date of initial notification. Specific approval is required from
MassDEP for the implementation of all IRAs pursuant to 310 CMR 40.0420 and 310 CMR 40.0443,
respectively. Assessment activities, the construction of a fence and/or the posting of signs are actions that
are exempt from this approval requirement.
In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification
Form (BWSC-103, attached) be submitted to MassDEP within sixty (60) calendar days of December 12,
2006.
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually
perform the necessary response actions at this site. You may obtain a list of the names and addresses of
these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals
by calling (617) 556-1091 or visiting hup://www.state.ma.us/Isp.
Unless otherwise provided by MassDEP, potentially responsible parties ("PRP's") have one year
from the initial date of notification to MassDEP of a release or threat of a release, pursuant to 310 CMR
40.0300, or from the date MassDEP issues a Notice of Responsibility, whichever occurs earlier, to file with
MassDEP one of the following submittals: (1) a completed Tier Classification Submittal; (2) an RAO
Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two
submittals for this disposal site is December 12, 2007. If required by the MCP, a completed Tier I Permit
Application must also accompany a Tier Classification Submittal.
This site shall not be deemed to have had all the necessary and required response actions taken
unless and until all substantial hazards presented by the release and/or threat of release have been eliminated
and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c.21E and the
MCP.
If you have any questions relative to this Notice, please contact Michael Whiteside at the letterhead
address or at'(508) 946-2704. All future communications regarding this release must reference the
following Release Tracking Number: 4-20217.
Very truly yours,
Richard F. Packard, Chief
Emergency Response / Release
Notification Section
P/ MCW/
Attachments: Release Notification Form; BWSC-103 and Instructions
Summary of Liability under M.G.L. c.21E
MassDEP's guide to hiring a Licensed Site Professional.
cc: Board of Health, Health Agent, Scott Leite
Board of Selectmen
Fire Dept. —Fire Prevention, Lt. Neal Boldrighini
HYDRO - 54NonsetPath
ENVIRONMENTAL Acton, MA 01720 �I -
TECHNOLOGIES, INC. Tel: 978.263.4044
Fax: 978.635.0980 Ili ������
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1.800.34THEn
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January 29, 2007
Mansfield Board of Selectmen Mansfield Board of Health
6 Park Row 6 Park Row
Mansfield, MA 02048 Mansfield, MA 02048
RE: Public Notification of #2 Fuel Oil Release
25 Fisher Lane
Mansfield, MA
DEP Release Tracking Number 4-20217
To Whom It May Concern:
This letter is written to notify you, in accordance with the recently revised Public Notification
provisions of 310 CMR 40.0000 (the Massachusetts Contingency Plan, or MCP), that a Release
Notification Form has been or soon will be submitted to the Massachusetts Department of
Environmental Protection (DEP) for a release of #2 fuel oil from an aboveground storage tank that
occurred in the basement of 25 Fisher Lane on December 11, 2006. Oil released from the tank
seeped into the dirt floor of the basement. Soil borings and monitoring wells installed around the
perimeter of the house indicate that the oil has not escaped from beneath the house. The basement
has been continuously ventilated to prevent indoor air quality impacts. A structural engineer was
retained to develop a plan for excavation of soil in the basement. A scope of work to perform the
soil excavation has been submitted to the homeowner's insurance company, and it is expected that
the excavation will proceed soon.
The April 3, 2006 revision of the MCP requires, in 310 CMR 40.1403 (3)(h), notification to Chief
Municipal Officer and Board of Health at the time of "the submittal of a Release Notification Form
to the Department pursuant to 310 CMR 40.0371. Notification shall consist of a written notice
pursuant to 310 CMR 40.1403(2)(a) that includes: a. a copy of the Release Notification Form; and
b.a statement of the local officials' right to request additional Public Involvement Activities under
310 CMR 40.1403(9) and upon tier classification under 310 CMR 401404."
Consequently, a copy of the Release Notification Form is attached, and you are advised of your
right to request additional Public Involvement Activities under the referenced statute.
Please contact the undersigned if you have any questions.
TECHNOLOGIES, INC.
h'Morgan, C.P.G.
Geologist