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HomeMy WebLinkAboutRte 495 N of Rte 140 - spill- 5/24/2006COMMONWEALTH OF MASSACHUSETTS I EXECUTIVE OFFICE OF ENVIRONMENTALAFFAiRs DEPARTMENT OF ENVIRONMENTAL PROq�6j�jFQ� SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946- , MITT ROMNEY --t STEPHEN R. PRITCHARD Governor i Secretary I ERRYHEALEY d + MAY 4 '�U8 ROBERT W. GOLLEDGE, Jr. Lieutenant Governor �'" - '_...:; Commissioner Disilva Taunton Express 455 John Hancock Road Taunton, Massachusetts02780 ATTENTION: Peter Cambra May 24, 2006 RE: MANSFIELD-BWSC Rt 495 north of Rt 140 RTN# 4-19800 NOTICE OF RESPONSIBILITY M.G.L. c. 21E, 310 CMR 40.0000 On May 19, 2006 at 7:00 pm the Department of Environmental Protection (the "Department") 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. A truck owned by you was involved in an accident. An estimated 20 to 30 gallons of diesel fuel was released to the side of the road, a catch basin, and a drainage Swale. 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. The Department 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. The Department also has reason to believe that you (as used in this letter, "you" refers to Disilva Taunton Express) are a Potentially Responsible Party (a "PRP") 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. The Department 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 This information is available in alternate format. Call Donald M. Games, ADA Coordinator at 617-556-1057. TDD Service- 1-800-298-2207. DEP on the World Wide Web: hop:/Aw .mass.gov/dep 10 Printed on Recycled Paper 2 prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department 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. The Department 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 the Department, the following response actions were approved as an Immediate Response Action (IRA): Deployment of absorbent/contamment materials. 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 the Department when an RAO statement is filed greater than 120 days from the date of initial notification:: Specific approval is required from the Department for the implementation of all IRAs pursuant to 310 OMR 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 (13WSC-103, attached) be submitted to the Department within sixty (60) calendar days of May 19, 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) 556-1145 or visiting http://www.state.ma.us/lsp. Unless otherwise provided by the Department, potentially responsible parties ("PRP's") have one year from the initial date of notification to the Department of a release or threat of a release, pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility, whichever occurs earlier, to file with the Department 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 May 19, 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 93 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 Dan Crafton at the letterhead address or at (508) 946-2721. All future communications regarding this release must reference the following Release Tracking Number: 4-19800. Very truly �yours, I 'V-� Q:l , Qj " Q Richard F. Packard, Chief Emergency Response / Release Notification Section P/DC/re Attachments: Release Notification Form, BWSC-103 and Instructions Summary of Liability under M.G.L. c.21 E Department's guide to hiring a Licensed Site Professional. cc: Board of Health 6 Park Row Mansfield, MA 02048 Board of Selectmen 6 Park Row Mansfield, MA 02048 Fire Dept 291 N. Main St. Mansfield, MA 02048 rika"Harbor ENVIRONMENTAL SERVICES' Clean Harbors Environmental Services, Inc. 42 Longwater Drive Norwell, MA 02061-9149 Phone:781-792-5000 Fax:781-792-5938 www.cleanharbors, com July 14, 2006 Town Manager's Office Town of Mansfield 6 Park Row Mansfield, MA 02048 Re: Public Notification of Response Action Outcome Statement Diesel Fuel Release Route 495 Northbound 1 Mansfield, Massachusetts DEP Release Tracking Number: 4-19800 Dear Sir/Madam: j r I JUL 3 i ZQD6 ,'' ;, On behalf of DiSilva Taunton Express, Clean Harbors Environmental Services, Inc. (CHES) is submitting this notification and the attached copy of the release notification form (RNF) as part of the public involvement process required by the Massachusetts Contingency Plan (MCP, 310 CMR 40.1403). On May 19, 2006, an estimated 20 to 30 gallons of diesel fuel was released when a motor vehicle accident damaged the refrigeration trailer fuel tank on a truck owner and operated by DiSilva. The released petroleum impacted asphalt pavement, a storm water catch basin and concrete drainage swale on Route 495 Northbound in Mansfield, Massachusetts. The impacted pavement was cleaned with Speedi-dri and a mild citrus -based detergent, and the impacted road sand in the swale was removed with hand tools. A total of two 55-gallon drums of spent absorbents and four 55-gallon drums of road sand were transported to Clean Harbors of Braintree under Uniform Hazardous Waste Manifest MAU195469 for disposal. After the removal of impacted sand from the swale, samples were collected from the edge of the excavated area and further down the swale field screened for volatile organic compounds. The field screening revealed only low levels of VOCs in the samples. As such, the response actions have restored the site to it's pre-existing or background conditions. Therefore, a level of No Significant Risk and a Permanent Solution has been achieved for this release, and the requirements for a Class A-1 Response Action Outcome have been met. DiSilva Public Notification Letter July 14,2006 Page 2 of 2 These actions are documented in a Response Action Outcome Statement dated July 14, 2006. This letter has been prepared in accordance with the public notification requirements of 310 CMR 40.1403 to provide notification to your office of the release. This document is available at the offices of DiSilva Taunton Express (455 John Hancock Road, Taunton, MA 02780), or at the Southeast Regional office of the Massachusetts Department of Environmental Protection (20 Riverside Drive, Lakeville, MA 02347). No action other than the receipt of this letter is necessary by your office. Sincerely, Richard Senior Project Engineer cc: Town of Mansfield Board of Health 6 Park Row Mansfield, MA 02048 Project file E01165761 Attachment Clean Harbors Environmental Services, Inc. Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup RELEASE NOTIFICATION & NOTIFICATION RETRACTION FORM Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) RELEASE OR THREAT OF RELEASE LOCATION: Release Name/Location Aid: north Of Route 140 Street Address: Cityrrown: Mansfield BWSC103 Release Tracking Number 4I - 19800 4. ZIPCode' 02048-0000 UTM Coordinates: a. UTM N: 862621 b. UTM E: 222019 B. THIS FORM IS BEING USED TO: (check one) © 1. Submit a Release Notification Ej 2. Submit a Revised Release Notification Ei3. Submit a Retraction of a Previously Reported Notification of a release or threat of release including supporting documentation required pursuant to 310 CMR 40.0335 (Section C Is not required) (All sections of this transmittal form must be filled out unless otherwise noted above) INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE (TORI: Date and time of Oral Notification, if applicable: 05 07:00 Time: Aft W1 PM/19/2006 mm/dd/yyyy hh:mm Date and time you obtained knowledge of the Release or TOR: 05/19/2006 Time: 07:00 AM PM mm/dd/yyyy hh:mm Date and time release or TOR occurred, if known: 05/19/2006 Time: 06:50 Ej AM PM mm/dd/yyyy hh:mm ieck all Notification Thresholds that apply to the Release or Threat of Release r more Information see 310 CMR 40.0310 - 40.0315) 2 HOUR REPORTING CONDITIONS ® a. Sudden Release b. Threat of Sudden Release El c. Oil Sheen on Surface Water ❑ d. Poses imminent Hazard e. Could Pose Imminent Hazard I. Release Detected in Private Well RJ g. Release to Storm Drain h. Sanitary Sewer Release (Imminent Hazard Only) 5. 72 HOUR REPORTING CONDITIONS a, Subsurface Non -Aqueous Phase Liquid (NAPE) Equal to or Greater than 1/2 Inch b, Underground Storage Tank (UST) Release c. Threat of UST Release d. Release to Groundwater near Water Supply e. Release to Groundwater near School or Residence I. Substantial Release Migration 6. 120 DAY REPORTING CONDITIONS a. Release of Hazardous Material(s) to Soil or Groundwater Exceeding Reportable Concentration(s) b. Release of Oil to Sell Exceeding Reportable Concentration(s) and Affecting More than 2 Cubic Yards c. Release of Oil to Groundwater Exceeding Reportable Concentration(s) d. Subsurface Non -Aqueous ❑ Phase Liquid (NAPE) Equal to or Greater than 1/8 Inch and Less than 112 Inch Revised: 02/10/2006 Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 LlMassachusetts RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM 4� - 19800 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE (TOR): (conL) 7. List below the Oils (0) or Hazardous Materials (HM) that exceed their Reportable Concentration (RC) or Reportable Quantity (RQ) by the greatest amount. 0 or HM Released CAS Number, 0 or HM Amount or Units RCs Exceeded, if if known Concentration Applicable (RCS-1, RCS-2, RCGW-1, RCGW-2) diesel fuel O 20 to 30 GAL ❑ 8. Check here if a list of additional Oil and Hazardous Materials subject to reporting is attached. D. PERSON REQUIRED TO NOTIFY: 1. Check all that apply: ❑ a. change in contact name ❑ b. change of address ❑ c. change in the person notifying 2. Name of Organization: DlSllya Taunton Express 3. Contact First Name: Peter 4. Last Name: Cambra 5. Street: 455 John Hancock Road 6, Title: Logistics Manager 7. City/rown: Taunton 8. State: MA 9. ZIP Code: 02780-7372 10. Telephone: (508) 513-4410 11. Ext.: 12, FAX: (508) 513-4496 wi13. Check here If attaching names and addresses of owners of properties affected by the Release or Threat of Release, other than an owner who is submitting this Release Notification (required). E. RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE: Q 1. RP or PRP ❑ a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter 171 e. OtherRPorPRP Specify: truck owner ❑ 2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E, s. 2) ❑ 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 50)) ❑ 4. Any Other Person Otherwise Required to Notify Specify Relationship: Revised: 0211012006 Page 2 of 3 Massachusetts Department of Environmental Protection BWSC103 Bureau of Waste Site Cleanup RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM - 19800 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) CERTIFICATION OF PERSON REQUIRED TO NOTIFY: 1. I, Peter Cambra , attest under the pains and penalties of perjury (i) that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or entity on whose beh submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines atpriso ment, fo fully submitting false, inaccurate, or incomplete information. 2. By: lL�.,�� 3. Title: Logistics Manager Signature i , 4. For: DiSilva Taunton Express (Name of person or entity recorded in Section D) 5. Date: 7 mm/dd/yyyy 6. Check here if the address of the person providing certification is different from address recorded in Section D. 7. Street: 8. Cityrrown: 11. Telephone: 9. State: 10. ZIP Code: 12. Ext.: 13. FAX: I YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO $10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp (DEP USE ONLY:) Revised: 02/10/2006 rage a ur a Owners of Properties Affected by the Release BWSC-103 Section D (13) Highway Owner: Massachusetts Highway Department 10 Park Plaza, Suite 3170 Boston, MA 02116