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
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Paul T. Anderson Cr �rnc r av eila., me a • utdel`�OZ31�G
Regional Environmental Engineer
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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