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HomeMy WebLinkAboutDEP - 7/13/1993Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Govemor Daniel S. Greenbaum Commissioner Hatheway & Patterso PCo.,Inc. P.O. Box 177 Mansfield, Massachusetts 02048 Gentlemen: July 13, 1993 RE: MANSFIELD--WSC/SA-4-0571 Hatheway & Patterson 15 County Road (the "Site"), f PHASE II - COMPREHENSIVE SITE `. ASSESSMENT, M.G.L.c. 21E, 310 CMR 40.000 On October 7, 1992, the Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Department") approved with certain provisions a Phase II Scope of Work with completion and reporting deadlines, submitted on September 16, 1992 by Penney Engineering, Inc. on your behalf (as used in this letter "your" and "you" refer to Hatheway & Patterson Co., Inc.), wherein you undertook, in lieu of the Department, to complete on schedule the Phase II - Comprehensive Site Assessment required at the Site by M.G.L. c.21E and 310 CMR'40.000. A request from Penney Engineering, Inc. to reduce the scope of the first two quarterly rounds of surface water and groundwater monitoring was approved by the Department on December 11, 1993. To date, you have failed to meet the deadlines set for a number of Phase II activities: (1) The third quarterly round of surface water and ground water monitoring (due by the end of April, 1993.) (2) Permeability slug tests (due by the end of November, 1992.) (3) The installation and completion of additional monitoring wells required at the Site, and the analysis of soil collected in the course of well boring (due by the end of April, 1993.) You have been informed previously of your liability with regard to this matter by a Notice of Responsibility dated August 16, 1988. That letter offered you the opportunity to perform, in lieu of the Department, all necessary work at the Site. You have failed to conduct the actions called for in that letter. The Department now requests that all Potentially Responsible Parties declare their intent, relative to the Department's Notice of Responsibility of August 16, 1988 and the approved Phase II Scope of Work. A commitment to undertake Phase II activities must be unambiguous, must address the entire 20 Riverside Drive • Lakeville, Massachusetts 02347 0 FAX (508) 947-6557 9 Telephone (508) 946.2700 -2- Site either by itself or in the context of a verifiable agreement with other PRPs, must comply with the approved Scope of Work, and must guarantee that the Phase II activities will be carried out in a cooperative manner with all other participants. Unless the Department receives such a commitment within thirty (30) days of receipt of this letter, the Department will consider commencement of response actions at the Site. These actions will be undertaken pursuant to the Department's authority under Massachusetts General Laws, chapter 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, sections 4 and 8. Section 4 authorizes the Department to take or arrange for such response actions as it reasonably deems necessary. Section 8 specifically authorizes the Department to enter any site and areas proximate thereto, at reasonable times, and upon reasonable notice to undertake necessary assessment, containment and removal actions pursuant to section 4 of chapter 21E. The Department continues to consider you liable under M.G.L. c. 21E for up to three (3) times the amount of all response costs incurred by the Department as well as for applicable fines, penalties, and damages to natural resources. This liability was described in detail in the August 16, 1986 Notice of Responsibility. If you have any questions regarding this letter, you may contact Marcel V. Boelitz of this office at (508) 947-2868. Very truly yours, Mark�J. Begley, Site Remediation Section B/MVB/rr CERTIFIED MAIL #P256 287 713 RETURN RECEIPT REQUESTED cc: Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 ATTN: William R. Sarro, Chairman William F. Williams, Town Manager 09C cc: Board of Health Town Hall 50 West Street Mansfield, MA 02048 ATTN: Michael VanSplinter, Chairman Scott Leite, Agent (508) 261-7366 Conservation Commission Town Hall 50 West Street Mansfield, MA 02048 ATTN: Marilyn Powers, Chairperson Richard Lewis, Agent (508) 261-7378 William Haynes, Trustee HPC Realty Trust 15 County Road, Mansfield, MA 02048 Dean and Scott 200 Chauncy Street Mansfield, MA 02048 ATTN: Steven I. Dean, Esq. The Miller Law Office 14 Beacon Street, Suite 614 Boston, MA 02108 ATTN: Thomas Miller, Esq. Penney Engineering, Inc. 125 High Street Mansfield, MA 02048 ATTN: Ralph P. Penney, President (508) 261-1288 U.S. Army Corp of Engineers OD - Regulatory Division 424 Trapelo Road Waltham, MA 02254 - 9149 ATTN: Ulrika E. Volz (617) 647-8879 Fax (617) 647-8303 U.S. EPA JFK Federal Building (HRR) Boston, MA 02203 ATTN: Joan Serra (617) 223-5527 a= cc: Attorney General's Office One Ashburton Place Boston, MA 02108 ATTN: Krissy MacMahon DEP - BOSTON - BWSC DEP - SERO - BWSC Data Entry DEP - BOSTON - WPC ATTN: Judith Perry (617) 292-5655 DEP - OGC - SERO ATTN: Margaret Stolfa, Esq. Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Go mor Daniel S. Greenb am1 Commimloner p July 13, 1993 William Haynes, Trustee HPC Realty Trust 15 County Street Mansfield, MA 02048 Gentlemen: RE: MANSFIELD--WSC/SA-4-0571 Hatheway & Patterson 15 County Road (the "Site"), PHASE II - COMPREHENSIVE SITE ASSESSMENT, M.G.L. c. 21E, 310 CMR 40.000 On October 7, 1992, the Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Department") approved with certain provisions a Phase II Scope of Work with completion and reporting deadlines, submitted on September 16, 1992 by Penney Engineering, Inc. on behalf of Hatheway & Patterson Co., Inc., wherein Hatheway & Patterson Co. Inc. undertook, in lieu of the Department, to complete on schedule the Phase II - Comprehensive Site Assessment required at the Site by M.G.L. c.21E and 310 CMR 40.000. A request from Penney Engineering, Inc. to reduce the scope of the first two quarterly rounds of surface water and groundwater monitoring was approved by the Department on December 11, 1993. To date, Hatheway & Patterson Co., Inc. has failed to meet the deadlines set for a number of Phase II activities: (1) The third quarterly round of surface water and ground water monitoring (due by the end of April, 1993.) (2) Permeability slug tests (due by the end of November, 1992.) (3) The installation and completion of additional monitoring wells required at the Site, and the analysis of soil collected in the course of well boring (due by the end of April, 1993.) You have been informed previously of your liability with regard to this matter by a Notice of Responsibility dated September 17, 1991. That letter offered you the opportunity to perform, in lieu of the Department, all necessary work at the Site. You have failed to conduct the actions called for in that letter. The Department now requests that all Potentially Responsible Parties declare their intent, relative to the Department's Notice of Responsibility of September 17, 1991 and the approved Phase II Scope of Work. A commitment 20 Riverside Drive a Lakeville, Massachusetts 02347 a FAX (508) 947-5557 a Telephone (508) 946.2700 s= to undertake Phase II activities must be unambiguous, must be documented with an executed contract with an environmental consulting firm to perform all the work required, must address the entire Site either by itself or in the context of a verifiable agreement with other PRPs, must comply with the approved Scope of Work, and must guarantee that the Phase II activities will be carried out in a cooperative manner with all other participants. Unless the Department receives such a commitment within thirty (30) days of receipt of this letter, the Department will consider commencement of response actions at the Site. These actions will be undertaken pursuant to the Department's authority under Massachusetts General Laws, chapter 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, sections 4 and 8. Section 4 authorizes the Department to take or arrange for such response actions as it reasonably deems necessary. Section 8 specifically authorizes the Department to enter any site and areas proximate thereto, at reasonable times, and upon reasonable notice to undertake necessary assessment, containment and removal actions pursuant to section 4 of chapter 21E. The Department continues to consider you liable under M.G.L. c. 21E for up to three (3) times the amount of all response costs incurred by the Department as well as for applicable fines, penalties, and damages to natural resources. This liability was described in detail in the September 17, 1991 Notice of Responsibility. If the Department commences response actions at the Site, the Department will commence legal action, which could include, the filing of a priority lien against your property, pursuant to M.G.L. c. 21E, section 13. If you have any questions regarding this letter, you may contact Marcel V. Boelitz of this office at (508) 947-2868. Very truly yours, M rk J Begley, clef Site Remediation Section B/MVB/rr CERTIFIED MAIL #P256 287 712 RETURN RECEIPT REQUESTED cc: Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 ATTN: William R. Sarro, Chairman William F. Williams, Town Manager -3- cc: Board of Health Town Hall 50 West Street Mansfield, MA 02048 ATTN: Michael VanSplinter, Chairman Scott Leite, Agent (508) 261-7366 Conservation Commission Town Hall 50 West Street Mansfield, MA 02048 ATTN: Marilyn Powers, Chairperson Richard Lewis, Agent (508) 261-7378 Hatheway & Patterson Co., Inc. P.O. Box 177 Mansfield, Massachusetts 02048 ATTN: William E. Haynes, President Dean and Scott 200 Chauncy Street Mansfield, MA 02048 ATTN: Steven I. Dean, Esq. The Miller Law Office 14 Beacon Street, Suite 614 Boston, MA 02108 ATTN: Thomas Miller, Esq. Penney Engineering, Inc. 125 High Street Mansfield, MA 02048 ATTN: Ralph P. Penney, President (508) 261-1288 U.S. Army Corp of Engineers OD - Regulatory Division 424 Trapelo Road Waltham, MA 02254 - 9149 ATTN: Ulrika E. Volz (617) 647-8879 Fax (617) 647-8303 U.S. EPA JFK Federal Building (HRR) Boston, MA 02203 ATTN: Joan Serra (617) 223-5527 -4- cc: Attorney General's Office One Ashburton Place Boston, MA 02108 ATTN: Krissy MacMahon DEP - BOSTON - BWSC DEP - SERO - BWSC Data Entry DEP - BOSTON - WPC ATTN: Judith Perry (617) 292-5655 DEP - OGC - SERO ATTN: Margaret Stolfa, Esq. Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Governor Daniel S. Greenbaum Commissioner .� (July 13, 1993 Hatheway & Patterson Co., Inc. RE: MANSFIELD--WSC/SA-4-0571 P.O. Box 177 Hatheway & Patterson Mansfield, Massachusetts 02048 15 County Road (the "Site"), PHASE II - COMPREHENSIVE SITE ASSESSMENT, , M.G.L. c. 21E, 310 CMR 40.000 Gentlemen: On October 7, 1992, the Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Department") approved with certain provisions a Phase II Scope of Work with completion and reporting deadlines, submitted on September 16, 1992 by Penney Engineering, Inc. on your behalf (as used in this letter "your" and "you" refer to Hatheway & Patterson Co., Inc.), wherein you undertook, in lieu of the Department, to complete on schedule the Phase II - Comprehensive Site Assessment required at the Site by M.G.L. c.21E and 310 CMR'40.000. A request from Penney Engineering, Inc. to reduce the scope of the first two quarterly rounds of surface water and groundwater monitoring was approved by the Department on December 11, 1993. To date, you have failed to meet the deadlines set for a number of Phase II activities: (1) The third quarterly round of surface water and ground water monitoring (due by the end of April, 1993.) (2) Permeability slug tests (due by the end of November, 1992.) (3) The installation and completion of additional monitoring wells required at the Site, and the analysis of soil collected in the course of well boring (due by the end of April, 1993.) You have been informed previously of your liability with regard to this matter by a Notice of Responsibility dated August 16, 1988. That letter offered you the opportunity to perform, in lieu of the Department, all necessary work at the Site. You have failed to conduct the actions called for in that letter. The Department now requests that all Potentially Responsible Parties declare their intent, relative to the Department's Notice of Responsibility of August 16, 1988 and the approved Phase II Scope of Work. A commitment to undertake Phase II activities must be unambiguous, must address the entire 20 Riverside Drive • Lakeville, Massachusetts 02347 0 FAX (508) 947.6557 • Telephone (508) 946-2700 -2- Site either by itself or in the context of a verifiable agreement with other PRPs, must comply with the approved Scope of Work, and must guarantee that the Phase II activities will be carried out in a cooperative manner with all other participants. Unless the Department receives such a commitment within thirty (30) days of receipt of this letter, the Department will consider commencement of response actions at the Site. These actions will be undertaken pursuant to the Department's authority under Massachusetts General Laws, chapter 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, sections 4 and 8. Section 4 authorizes the Department to take or arrange for such response actions as it reasonably deems necessary. Section 8 specifically authorizes the Department to enter any site and areas proximate thereto, at reasonable times, and upon reasonable notice to undertake necessary assessment, containment and removal actions pursuant to section 4 of chapter 21E. The Department continues to consider you liable under M.G.L. c. 21E for up to three (3) times the amount of all response costs incurred by the Department as well as for applicable fines, penalties, and damages to natural resources. This liability was described in detail in the August 16, 1988 Notice of Responsibility. If you have any questions regarding this letter, you may contact Marcel V. Boelitz of this office at (508) 947-2868. Very truly yours, Mark�J�. Begley, Chief Site Remediation Section B/MVB/rr CERTIFIED MAIL #P256 287 713 RETURN RECEIPT REQUESTED cc: Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 ATTN: William R. Sarro, Chairman William F. Williams, Town Manager -3- cc: Board of Health Town Hall 50 West Street Mansfield, MA 02048 ATTN: Michael VanSplinter, Chairman Scott Leite, Agent (508) 261-7366 Conservation Commission Town Hall 50 West Street Mansfield, MA 02048 ATTN: Marilyn Powers, Chairperson Richard Lewis, Agent (508) 261-7378 William Haynes, Trustee HPC Realty Trust 15 County Road, Mansfield, MA 02048 Dean and Scott 200 Chauncy Street Mansfield, MA 02048 ATTN: Steven I. Dean, Esq. The Miller Law Office 14 Beacon Street, Suite 614 Boston, MA 02108 ATTN: Thomas Miller, Esq. Penney Engineering, Inc. 125 High Street Mansfield, MA 02048 ATTN: Ralph P. Penney, President (508) 261-1288 U.S. Army Corp of Engineers OD - Regulatory Division 424 Trapelo Road Waltham, MA 02254 - 9149 ATTN: Ulrika E. Volz (617) 647-8879 Fax (617) 647-8303 U.S. EPA JFK Federal Building (HRR) Boston, MA 02203 ATTN: Joan Serra (617) 223-5527 -4- cc: Attorney General's Office One Ashburton Place Boston, MA 02108 ATTN: Krissy MacMahon DEP - BOSTON - BWSC DEP - SERO - BWSC Data Entry DEP - BOSTON - WPC ATTN: Judith Perry (617) 292-5655 DEP - OGC - SERO ATTN: Margaret Stolfa, Esq. Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office G or Danl -I S. G n one William Haynes, Trustee HPC Realty Trust 15 County Street Mansfield, MA 02048 Gentlemen: July 13, 1993 RE: MANSFIELD--WSC/SA-4-0571 Hatheway & Patterson 15 County Road (the "Site"), PHASE II - COMPREHENSIVE SITE ASSESSMENT, M.G.L. c. 21E, 310 CMR 40.000 On October 7, 1992, the Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Department") approved with certain provisions a Phase II Scope of Work with completion and reporting deadlines, submitted on September 16, 1992 by Penney Engineering, Inc. on behalf of Hatheway & Patterson Co., Inc., wherein Hatheway & Patterson Co. Inc. undertook, in lieu of the Department, to complete on schedule the Phase II - Comprehensive Site Assessment required at the Site by M.G.L. c.21E and 310 CMR 40.000. A request from Penney Engineering, Inc. to reduce the scope of the first two quarterly rounds of surface water and groundwater monitoring was approved by the Department on December 11, 1993. To date, Hatheway & Patterson Co., Inc. has failed to meet the deadlines set for a number of Phase II activities: (1) The third quarterly round of surface water and ground water monitoring (due by the end of April, 1993.) (2) Permeability slug tests (due by the end of November, 1992.) (3) The installation and completion of additional monitoring wells required at the Site, and the analysis of soil collected in the course of well boring (due by the end of April, 1993.) You have been informed previously of your liability with regard to this matter by a Notice of Responsibility dated September 17, 1991. That letter offered you the opportunity to perform, in lieu of the Department, all necessary work at the Site. You have failed to conduct the actions called for in that letter. The Department now requests that all Potentially Responsible Parties declare their intent, relative to the Department's Notice of Responsibility of September 17, 1991 and the approved Phase II Scope of Work. A commitment 20 Riverside Drive • Lakeville, Massachusetts 02347 0 FAX (508) 947-8557 9 Telephone (508) 946-2700 CIA= to undertake Phase II activities must be unambiguous, must be documented with an executed contract with an environmental consulting firm to perform all the work required, must address the entire Site either by itself or in the context of a verifiable agreement with other PRPs, must comply with the approved Scope, of Work, and must guarantee that the Phase II activities will be carried out in a cooperative manner with all other participants. Unless the Department receives such a commitment within thirty (30) days of receipt of this letter, the Department will consider commencement of response actions at the Site. These actions will be undertaken pursuant to the Department's authority under Massachusetts General Laws, chapter 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, sections 4 and 8. Section 4 authorizes the Department to take or arrange for such response actions as it reasonably deems necessary. Section 8 specifically authorizes the Department to enter any site and areas proximate thereto, at reasonable times, and upon reasonable notice to undertake necessary assessment, containment and removal actions pursuant to section 4 of chapter 21E. The Department continues to consider you liable under M.G.L. c. 21E for up to three (3) times the amount of all response costs incurred by the Department as well as for applicable fines, penalties, and damages to natural resources. This liability was described in detail in the September 17, 1991 Notice of Responsibility. If the Department commences response actions at the Site, the Department will commence legal action, which could include, the filing of a priority lien against your property, pursuant to M.G.L. c. 21E, section 13. If you have any questions regarding this letter, you may contact Marcel V. Boelitz of this office at (508) 947-2868. Very truly yours, Mark J! Begley, ,Aief Site Remediation Section UAGWAM CERTIFIED MAIL #P256 287 712 RETURN RECEIPT REQUESTED cc: Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 ATTN: William R. Sarro, Chairman William F. Williams, Town Manager -3- cc: Board of Health Town Hall 50 West Street Mansfield, MA 02048 ATTN: Michael VanSplinter, Chairman Scott Leite, Agent (508) 261-7366 Conservation Commission Town Hall 50 West Street Mansfield, MA 02048 ATTN: Marilyn Powers, Chairperson Richard Lewis, Agent (508) 261-7378 Hatheway & Patterson Co., Inc. P.O. Box 177 Mansfield, Massachusetts 02048 ATTN: William E. Haynes, President Dean and Scott 200 Chauncy Street Mansfield, MA 02048 ATTN: Steven I. Dean, Esq. The Miller Law Office 14 Beacon Street, Suite 614 Boston, MA 02108 ATTN: Thomas Miller, Esq. Penney Engineering, Inc. 125 High Street Mansfield, MA 02048 ATTN: Ralph P. Penney, President (508) 261-1288 U.S. Army Corp of Engineers OD - Regulatory Division 424 Trapelo Road Waltham, MA 02254 - 9149 ATTN: Ulrika E. Volz (617) 647-8879 Fax (617) 647-8303 U.S. EPA JFK Federal Building (HRR) Boston, MA 02203 ATTN: Joan Serra (617) 223-5527 -4- cc: Attorney General's Office One Ashburton Place Boston, MA 02108 ATTN: Krissy MacMahon DEP - BOSTON - BWSC DEP - SERO - BWSC Data Entry DEP - BOSTON - WPC ATTN: Judith Perry (617) 292-5655 DEP - OGC - SERO ATTN: Margaret Stolfa, Esq.