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Home My WebLink AboutDEP - 8/16/1993William F. Weld a..., Daniel S. Greenbaum Commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office August 16, 1993, - CERTIFIED MAIL, RETURN RECEIPT REQUESTED William Haynes, President RE: MANSFIELD, FOXBORO Hatheway & Patterson Co., Inc. Massachusetts 15-35 County Street DEP Case # 4-0571 Mansfield, Massachusetts 02048 M.G.L. c. 21E, § 13 PRIORITY LIEN ) THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Mr. Haynes: Pursuant to M.G.L. C. 21E, § 13 the Department of Environmental Protection (the "Department") hereby announces its intent to record a priority lien on certain real property owned by Hatheway & Patterson Co., Inc. ("Hatheway & Patterson"), located at 15-35 County Street in Mansfield and Foxboro, Massachusetts. The contents of the enclosed Notice of Intent to Perfect Prioirty Lien (the "Notice") explain the factual and legal basis for this action. Any questions you may have should be directed to 20 Riverside Drive • Lakeville, Massachusetts 02347 0 FAX (508) 947-6557 • Telephone (508) 946-2700 Thomas A. Miller, Esq. DEP Case # 4-0571 Page 2 Margaret R. Stolfa, Esq., Department of Environmental Protection, Office of General Counsel, 1 Winter Street, 3rd Floor, Boston, Massachusetts 02108, 617-292-5568. ly yours, Southeast Re4lional Director Enclosure CERTIFIED MAIL NO. P 808 785 219 cc: Robert Kalaghan, DEP/Cost Recovery Margaret R. Stolfa, DEP/OGC First National Bank of Boston 100 Federal Street Boston, MA 02106 Attn: Vice President Kevin Lyons, Esq. Reimer & Braunstein 3 Center Plaza Boston, MA 02108 William Haynes, Trustee HPC Realty Trust 15 County Street Mansfield, MA 02048 Steven I. Dean, Esq. Dean and Scott 200 Chauncy Street Mansfield, MA 02048 Thomas A. Miller, Esq. Miller & Daley 101 Federal Street, Suite 1900 Boston, Massachusetts 02210 Thomas A. Miller, Esq. DEP Case # 4-0571 Page 3 Board of Health Town Hall 50 West STreet Mansfield, MA 02048 ATTN: Michael VanSplinter, Chairman Conservation Commission Town Hall 50 West Street Mansfield, MA 02048 ATTN: Marilyn Powers, Chairperson U.S. Army Corp of Engineers OD- Regulatory Division 424 Trapelo Road Waltham, MA 02254-9149 Attn: Ulrika E. Volz U.S. EPA JFK Federal Boston, MA Attn: Joan Building (HRR) 02203 Serra Kristine McMahon Attorney General's Office Environmental Protection Division 1 Ashburton Place Boston, MA 02108 DEP/SERO Marcel Boelitz Gregg Hunt Mark Begley Donald Nagle William F. Weld G.m.r Daniel S. Greenbaum Commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office August 16, 1993 CERTIFIED MAIL, RETURN RECEIPT REQUESTED First National Bank of Boston RE: MANSFIELD, FOXBORO 100 Federal Street Massachusetts Boston, Massachusetts 02106 DEP Case # 4-0571 Attn: Vice President M.G.L. c. 21E, § 13 NOTICE OF INTENT TO PERFECT PRIORITY LIEN THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Sir/Madam: The attached Notice of Intent to Perfect Priority Lien (the "Notice") has been issued to Hatheway & Patterson Co., Inc., by the Department of Environmental Protection (the "Department") pursuant to M.G.L. c. 21E, § 13. The presence of oil and hazardous material on the property identified in the Notice (the "Property"), in concentrations which present a significant risk of harm to health, safety, public welfare and the environment, constitutes a "release" (the "Release") within the meaning of M.G.L. c. 21E and 310 CMR 40.000 et seq. The Property and all other areas where the Release has been deposited, stored, disposed of or placed, or otherwise come to be located is a "site" within the meaning of M.G.L. c. 21E, § 2. Hatheway & Patterson is potentially liable to the Commonwealth pursuant to M.G.L. c. 21E, § 5(a) for all costs of assessment, containment and removal of such oil or hazardous material incurred by the Department relative to the Release and for damages for 20 Riverside Drive 0 Lakeville, Massachusetts 02347 a FAX (608) 947.6557 a Telephone (508) 946.2700 injury to and destruction of or loss of natural resources. Hatheway & Patterson's potential liability to the Commonwealth constitutes a debt to the Commonwealth. The Department is authorized by M.G.L. c. 21E, § 13, to record or file a lien on all property owned by Hatheway & Patterson for payment of amounts due or to become due to the Commonwealth under M.G.L. c. 21E. For the reasons stated above, the Department will record a priority lien on the Property to secure payment by Hatheway & Patterson of amounts due or to become due to the Commonwealth under M.G.L. c. 21E. The First National Bank of Boston (the "Bank"), may have a right to request an adjudicatory hearing concerning this lien. Effective twenty-one (21) days after the date of issuance of this Notice, the Bank shall be deemed to have waived any right it may have to request an adjudicatory hearing, unless within said twenty- one (21) days, it files with the Department a written statement that denies that the Department has a basis to perfect this lien, and does so subject to and in compliance with the applicable provisions of the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.00 et se . Such statement should be addressed to: Docket Clerk, Office of Administrative Appeals, Department of Environmental Protection, 1 Winter Street, 10th Floor, Boston, Massachusetts 02108. Questions regarding the contents of this Notice should be directed to Margaret R. Stolfa, Esq., Department of Environmental Protection, Office of General Counsel, 1 Winter Street, 3rd Floor, Boston, Massachusetts 02108, 617-292-5568. truly Southeast R6gional Director Enclosure CERTIFIED MAIL NO. P 808 785 220 cc: Robert Kalaghan, DEP/Cost Recovery Margaret R. Stolfa, DEP/OGC William Haynes, President Hatheway & Patterson Co., Inc. 15-35 County Street Mansfield, MA 02048 Thomas A. Miller, Esq. Miller & Daley 101 Federal Street Boston, MA 02110 William Haynes, Trustee HPC Realty Trust 15 County Street Mansfield, MA 02048 Steven I. Dean, Esq. Dean and Scott 200 Chauncy Street Mansfield, MA 02048 Kevin Lyons, Esq. Reimer & Braunstein 3 Center Plaza Boston, MA 02108 Board of Health Town Hall 50 West STreet Mansfield, MA 02048 ATTN: Michael VanSplinter, Chairman Conservation Commission Town Hall 50 West Street Mansfield, MA 02048 ATTN: Marilyn Powers, Chairperson U.S. Army Corp of Engineers OD- Regulatory Division 424 Trapelo Road Waltham, MA 02254-9149 Attn: Ulrika E. Volz U.S. EPA JFK Federal Building (HRR) Boston, MA 02203 Attn: Joan Serra Kristine McMahon Attorney General's Office Environmental Protection Division 1 Ashburton Place Boston, MA 02108 DEP/SERO Marcel Boelitz Gregg Hunt Mark Begley Donald Nagle Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Governor Daniel S. Greenbaum Commissioner August 16, 1993 Hatheway & Patterson, Co., Inc. ) Re: DEP Case # 4-0571 15-35 County Street ) Hatheway & Patterson Mansfield, Massachusetts 02048 ) Mansfield, Foxboro, Massachusetts 02048 NOTICE OF INTENT TO PERFECT PRIORITY LIEN UNDER M.G.L. c. 21E, § 13 I. THE PARTIES 1. The Department of Environmental Protection (hereinafter the "Department") is a duly constituted agency of the Commonwealth of Massachusetts having its principal office located at One Winter Street, Boston, Massachusetts 02108, and a regional office located at 20 Riverside Drive, Lakeville, Massachusetts 02347. The Department implements and enforces the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E (the "Act") and regulations promulgated thereunder at 310 CMR 40.000 et sea. (the "Massachusetts Contingency Plan" or the "MCP"). 20 Riverside Drive 9 Lakeville, Massachusetts 02347 a FAX (508) 947-6557 0 Telephone (508) 946-2700 2. Hatheway & Patterson Co., Inc. (hereinafter "Hatheway & Patterson") is a Massachusetts corporation, having its principal place of business located at 15-35 County Street, Mansfield, Massachusetts 02048. II. STATEMENT OF FACTS AND LAW 3. Hatheway & Patterson is the owner of the real property and improvements thereon located at 15-35 County Street in Mansfield and Foxboro, Massachusetts, more particularly described in Exhibit A attached hereto (hereinafter the "Property"). 4. The results of analyses of soil and groundwater samples collected from the Property indicate that the Property is contaminated by oil and hazardous materials, including but not limited to, pentachlorophenol, chromium, arsenic, and oil (hereinafter the "Release"), in concentrations which present a significant risk of harm to health, safety, public welfare and the environment. The presence of these contaminants on the Property constitutes a release of oil and hazardous materials within the meaning of M.G.L. c. 21E and 310 CMR 40.000 et sea.. 5. The Property and all other areas where the Release has been deposited, stored, disposed of or placed, or otherwise come to be located is the "site" within the meaning of M.G.L. c. 21E, g 2. E 6. The Department notified Hatheway & Patterson by letter dated August 16, 1988 that there has been a Release or threat of Release of oil or hazardous material at or from the Property for which Hatheway & Patterson is potentially responsible pursuant to M.G.L. c. 21E. 7. Hatheway & Patterson is potentially liable to the Commonwealth pursuant to M.G.L. c. 21E, § 5(a) for all costs of assessment, containment and removal of such oil or hazardous material incurred or to be incurred by the Department relative to the Release and for damages for injury to and destruction of or loss of natural resources. 8. Hatheway & Patterson's potential liability to the Commonwealth, as described in paragraph 7 above, constitutes a debt to the Commonwealth. The Department is authorized by M.G.L. c. 21E, § 13, to record a lien on all property owned by Hatheway & Patterson for payment of amounts due or to become due to the Commonwealth under M.G.L. c. 21E. III. DISPOSITION 9. For the reasons stated above, the Department will record a priority lien on the Property to secure payment by Hatheway & Patterson of amounts due or to become due to the Commonwealth under M.G.L. c. 21E. 3 10. Hatheway & Patterson is hereby notified that: A. Hatheway & Patterson has a right to request an adjudicatory hearing concerning the Department's recording of this lien. B. Effective twenty-one (21) days after the date of this Notice, Hatheway & Patterson shall be deemed to have waived its right to request an adjudicatory hearing on this lien, unless within said twenty-one (21) days, Hatheway & Patterson files with the Department (i.e. the Department receives) a written statement that: i. denies the facts and law set forth in paragraphs 3 through 8 above, and does so subject to and in compliance with the applicable provisions of the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.00 et sea.; ii. clearly and concisely states every point of fact and law Hatheway & Patterson intends to raise in the adjudicatory proceeding; and iii. is addressed to: Docket Clerk, Office of Administrative Appeals, Department of Environmental Protection, One Winter Street, loth Floor, Boston, Massachusetts 02108. 4 11. Questions regarding the contents of the Notice should be directed to: Margaret R. Stolfa, Esq., Department of Environmental Protection, Office of General Counsel, 1 Winter Street, 3rd Floor, Boston, Massachusetts 02108, 617-292-5568. 12. If Hatheway & Patterson waives its right to an adjudicatory hearing, the Department will proceed to perfect the priority lien described in paragraph 9 above. Date: By � George Southeast CERTIFIED MAIL NO. P 808 785 219 4-0571.noi 5 ronmental yJ Director EXHIBIT "A" That certain parcel or parcels of land, and any improvements thereon, more particularly described in deeds recorded in the Bristol County North District Registry of Deeds at Book 1106 Page 397, Book 1249 Page 67, Book 1780 Page 336, Book 1833 Page 225 and in the Norfolk County Registry of Deeds at Book 5541 Page 115. 0