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Home My WebLink AboutDEP - 9/17/1991Daniel S. Greenbaum Commissioner Gilbert T. )oly Regional Director J7ez O ooaiylnerab of f�'iwf mune�taG �i� c oaaaeast ✓ 9�0� William Haynes, Trustee HPC Realty Trust 15 County Street Mansfield, MA 02048 Gentlemen: September 17, 1991 RE: MANSFIELD--WSC/SA-4-0571 Hatheway & Patterson 15 County Road, NOTICE OF RESPONSIBILITY, Request for Short Term Measures, M.G.L. c. 21E, 310 CMR 40.000 The Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Department"), has determined that an area including a portion of the grounds (the "Property") occupied by the Hatheway & Patterson Co., Inc. ("H&P") facility at 15 County Street, Mansfield, Massachusetts, which you own (as used in this letter "you" refers to HPC Realty Trust) is a disposal site (the "Site") as defined in M.G.L. c. 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act. The Site was listed by the Department as a confirmed Disposal Site on October 15, 1988. BACKGROUND Following the sighting by a resident of Mansfield on July 5, 1990, of a release of product to the Rumford River from the grounds of the H&P facility, and following confirmation of.this release by representatives of the Department and the Mansfield Board of Health on the following day, the Department determined that conditions at the Site constitute an imminent hazard pursuant to 310 CMR 40.542(2)(a) and (f). This finding requires the undertaking of Short Term Measures in compliance with 310 CMR 40.542. On January 22, 1991, the Department approved a Short Term Measure Design (the "STM Design") submitted by Keystone Environmental Resources ("Keystone") on behalf of H&P to install, operate and monitor an active product recovery system along the east bank of the Rumford River. The installation of the system was to begin no later than April 15, 1991, the recovery system was to be activated no later than May 31, 1991 and H&P was to submit a report of the Short Term Measure "as built" no later than August 1, 1990. In a letter dated April 8, 1991, H&P agreed to undertake the required Short Term Measure as approved by the Department. H&P has failed to honor its commitment. OH&M Prinud .n Re ,v W Pax' -2- STATUTORY LIABILITIES The Department has reason to believe that you are a potentially responsible party (a "PRP") with liability under M.G.L. c. 21E, section 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth: current owners or operators of a site where oil or hazardous materials are located; any person who owned or operated a site at the time hazardous material was stored or disposed of: any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport, disposal, storage or treatment site from which there is or has been a release or threat of release of such material; and any person who otherwise caused or is legally responsible for a release or threat of a release of oil or hazardous materials at a site. This liability is strict, meaning it is not based on fault but solely on your status as an owner, operator, generator, transporter or disposer. It is also joint and several, meaning that you may be liable for all response action costs incurred at the site, regardless of the existence of any other liable parties. You may be liable for up to three (3) times all response action costs incurred by the Department. Response action costs include the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by PRPs or their contractors, expenses incurred by the Department in support of those direct hours, and payments to the Department's contractors. (For more detail on cost liability, see 310 CMR 40.600: Cost Recovery.) The Department may also assess interest on costs incurred at the rate of twelve percent (12%), compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your property within the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your liability for up to three (3) times all response action costs incurred by the Department, you may also be liable to the Commonwealth for damages to natural resources caused by the release. Additional liability may also be imposed under M.G.L. c. 21E, section 11 and other laws for each violation of M.G.L. c. 21E or other laws, or under M.G.L. c. 21A, Section 16, for violations of c. 21E, and other statutes, regulations, orders or approvals. The Department encourages PRPS to take response actions at sites. By taking the necessary response actions, you can avoid -liability for costs incurred by the Department's contractors in performing these actions. If you do not take the necessary response actions, or fail to perform them in an appropriate or timely manner, the Department is authorized by M.G.L. c. 21E to have the work performed by its contractor. -3- DETERMINATIONS The Department has made the following determinations: The Site is a priority disposal site pursuant to 310 CMR 40.544(2)(b) and (e). Pursuant to 310 CMR 40.531, any additional work at the Site requires Department approval. A Phase II - Comprehensive Site Assessment, as prescribed by the MCP, is required at the Site. The Department has found a Phase II Report submitted on January 2, 1990 by Keystone on behalf of H&P incomplete and inadequate, and has determined that additional Phase II activities are necessary at the Site. The release of product to the Rumford River constitutes an imminent hazard. NECESSARY SITE ACTIONS 310 CMR 40.542 requires the immediate installation and operation of the active product recovery system approved by the Department on January 22, 1991. The Department requires a written response within fourteen (14) days of receipt of this letter indicating whether you intend to take the actions outlined above. Your cooperation in this matter is appreciated. Should you have any further questions regarding site WSC/SA-4-0571, please contact Marcel V. Boelitz of this office at (508) 947-2868. Very truly yours, Ma��7 Site Remediation ectia B/MVB/re CERTIFIED MAIL #P622 581 688 RETURN RECEIPT REQUESTED cc: DEP - BOSTON - BWSC DEP - SERO - BWSC Data Entry cc: DEP - BOSTON - WPC ATTN: Judith Perry (617) 292-5655 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 Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 Board of Health Town Hall 50 West Street Mansfield, MA 02048 ATTN: Scott Leite, -4- tel. (508) 261-7366 Conservation Commission Town Hall 50 West Street Mansfield, MA 02048 ATTN: Richard Lewis, agent (508) 261-7378 Hatheway & Patterson Co., Inc. P.O. Box 177 Mansfield, Massachusetts 02048 ATTN: William E. Haynes, President Keystone Environmental Resources, Inc. 3000 Tech Center Drive Monroeville, PA 15146 ATTN: Beth Kerschner