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HomeMy WebLinkAboutClemmey's Auto-release of hazardous waste -1985� �� al/edzcze�sries�� r��/'Llplf�al!/J'!e/1 LCY.Ii �{'J.LY,l62P�lCl/ZC?i S. Russell SYIva > � O O Commissioner �. 2utiieczdG ��lb2 Paul T. Anderson Cr �rnc r av eila., me a • utdel`�OZ31�G Regional Environmental Engineer ).1iy-1?31. ()r/. &VO (84 Clemmey's Auto Parts 390 West Street Mansfield, Massachusetts 02048 ATTENTION: Mr.. Karl Clemmey Gentlemen: December 1.0, 1985 RE: MANSFIELD--Incident Response Release of Hazardous Material at Clemmey's Auto Parts NOTICE OF RESPONSIBILITY Massachusetts General Laws, Chapter 21E The Department of Environmental Quality Engineering, on November 27, 1985, received notification from Mr. Scott Leite, Mansfield Health Agent, that a release of hazardous material (i.e., waste oil) had occurred at the above referenced facility. On November 27, 1985, representatives of the Department conducted an inspection of the site and observed a number of areas on your land bordering Route 140 where what appears to be waste oil had been dumped. Oil sludge was also observed in standing water and on vegetation in a drainage area between your land and Route 140. In addition, a strong petroleum odor was apparent. These conditions constituted a release, and a continuing threat of release of oil from the site. The prevention and/or mitigation of such a release of threat of release is governed by Massachusetts General Laws Chapter 21E, the "Massachusetts Oil and Hazardous Material Release, Prevention and Response Act." Because of the emergency which existed when the release was reported to the Department by Mr. Leite, the Department authorized Clean Harbors, Incorporated, is a contractor under the terms of the Contract for 01.1 and Hazardous Material Emergency Response Services. On November 27, 1.985, at approximately 3:00 p.m., Department personnel verbally notified you of your responsibility for the release/threat of release and gave you a synopsis of Massachusetts General Laws Chapter 21E, the "Massachusetts Oil and Hazardous Material. Release, Prevention and Response Act." You refused to accept responsibility at that time. This letter is to inform you that: 1. Based on .information available to the Department, the Department has reason to believe that you as owner of the above referenced site are a responsible party with liability under Massachusetts General Laws Chapter 21E, Section -2- 5 (a)(1). The nature of this li.ability is joint and several without regard to fault; 2. Your failure to notify the Department of this release/threat of release is a violation of Massachusetts General Laws Chapter 21E. Violations of Chapter 21E are presumed to constitute irreparable harm to public health, safety, welfare of the environment. 3. The Department has taken actions which it deemed necessary to respond to the release/threat of release. 4. You may take the prescribed response actions in lieu of the Department. 5. You may arrange to pay for any response action taken by the Department. Your liability noted in #1 above may include up to three times the cost of: a. all response costs incurred by the Department due to the release/threat of release, including all contract, administrative, and personnel costs; and b. all damages for any injury to, destruction, or loss of natural resources due to the release/threat of release. The liability constitutes a debt to the Commonwealth. The debt, together with interest, creates a lien on all of your property in the Commonwealth. In addition to the foreclosure remedy provided by the lien, the attorney General of the Commonwealth may recover that debt or any part of it in an action against you. You may also be liable under Massachusetts General Laws Chapter 21E, Section 11 for up to $25,000 in fines or penalties for each violation of Chapter 21E as well as for additional penalties or damages pursuant to other statues or common law. If you intend to take the necessary response actions in lieu of the Department, you must notify the Department, in writing, of your intent no later than December.. 20, 1985, and contract within 5 days with a Massachusetts licensed hazardous waste cleanup contractor, to take all necessary remedial and response actions relative to the release. Therefore, the Department requires the following assessment and remedial actions to be taken: 1. Removal of all. oil from surface water in the drainage Swale along the highway (Route 140). all. soil. and vegetation containing oil must also be removed. 2. Oil contaminated soil along the embankment to the rear of the trailers and around the surface of the waste oil storage tank must be excavated and removed for disposal. 3. Scattered areas of oilspillage as identified during the November 29, 1985, site inspection by Department personnel must be excavated and removed. 4. Excavation of test pits to expose groundwater in the area of the underground waste oil tank and the drainage swale. The Department also requires that you submit in writing by December 30 , 1985, plans to prevent surface water inflow and to contain spillage around the fill area of the underground waste oil. tank. -3- If you have any questions regarding this matter, you may contact Richard Packard of this office. T/RP/sk CERTIFIED MAIL # P 518 407 05B RETURN RECEIPT REQUESTED cc: James Colman DEQF. - OIR Boston Mr.. Scott Leite, Health Agent Town Hall 1.31 North Main Street Mansfield, MA 02048 Very truly yours, For the Commissioner Christopher Tilden, P.E., Chief Solid and Hazardous Wastes Section DEC 1