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Home My WebLink AboutClemmey Tank -DEP Letters - 1996-1999TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 FAX COVER SHEET Date: f Q '1 Time: s , From: Town of Mansfield Phone: 508-261-7366 Board of Health Fax: 508-261-7343 50 West St. Mansfield, MA 02048 TO:�t? C(— (0(-l-q3-�-3,1� Type of Form IX' �� No of pages: (Incl. cover sheet) Message: William F. Weld Govemor Argeo Paul Celluccl U. Gov r Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office Y - i Trudy Coxe 8"Mu ry David S. Struhs Commleel..r URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REOUESTED August 29, 1996 John L.Clemmey Company Inc. RE: MANSFIELD--BWSC-ER P.O. Box 54 1 Foundry Road Westport, Massachusetts 02791 Former Clemmey Tank Co. RTN # 4-12436 NOTICE'OF RESPONSIBILITY REQUEST FOR AN IMMEDIATE RESPONSE ACTION PLAN (IRA) M.G.L. c. 21E 310 CMR 40.0000 NOTICE OF INTERIM DEADLINE ATTENTION: Mr. Jackson Clemmey On August 14 and August 15, 1996, the Department of Environmental Protection (the "Department"), conducted a site inspection at the location referenced above and observed that a release of oil and hazardous material has occurred and that an Immediate Response Action is necessary. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice is to inform you (as used in this letter, "you" and "your" refers to the John L. Clemmey Company Inc.) of your legal responsibilities under State law for assessing and/or remediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise. The Department has reason to believe that the release and/or threat of release which has been reported is or may be a disposal site as defined by the M.C.P. The Department also has reason to believe that you are a Potentially Responsible Party (a "PRP") with liability under M.G.L. c.21E §5, for response action costs. This 20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX (608) 947-6557 a Telephone (508) 946.2700 0 Nmel .. Recycled Paper -2- liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified in M.G.L. c.21E §5. This liability is also "joint and several", meaning that you may be liable for all response action costs incurred at a disposal site regardless of the existence of any other liable parties. The Department encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid the imposition of, the amount of or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c.21E is attached to this notice. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. SITE CONDITIONS During a site inspection on August 15, 1996, the following observations were made. The site known as the former "Clemmey Tank Company, Inc." is an open unsecured six (6) acre lot. The -site contains four (4) unsecured buildings. Outside the buildings in one section eleven (11) barrels were stacked, some are empty but seven (7) fifty-five (55) gallon drums contained waste oil, solvents, paint solids and thinners. Numerous other rusted drums are partially full or empty throughout the property. The drums were unlabeled, some were located outside the unsecured buildings and have no secondary containment and are in a rusted, bulging condition with visible product staining on the ground. A two hundred seventy five (275) gallon aboveground storage tank observed lying on its side contained product and approximately two hundred (200) scrap tires were observed outside in the yard. There are two specific areas where sand blast grit is located. Inside one building in an unsecured area is a fifty-five gallon drum marked "anti freeze" and two (2) partially full drums that were unlabeled but may be waste oil. Two (2) two thousand (2,000) gallon tanks with the markings "paint thinners", one tank -3- appeared to contain product and although the tanks was bermed the berm appeared to be leaking due to the staining observed on the floor adjacent to the tanks. In the unsecured main building ten (10) compressed gas cylinders were observed and three (3) old electrical transformers were observed adjacent to the building on the outside. There were numerous barrels of petroleum products scattered throughout the building. Located in one of the storerooms were numerous five (5) gallon pails of paint thinners and solvents and epoxy resins. Outside the main building an abandoned underground #2 fuel oil storage tank containing two (2) inches of product was observed. The Department conducted a follow up site inspection with a representative of the United States Environmental Protection Agency (EPA) and the Mansfield Fire Department on August 20, 1996, and met with Mr Jackson Clemmey. A Department representative observed the following: 1. The two (2) two thousand (2,000) gallon aboveground storage tanks marked "paint thinners" were no longer located on the property. Mr. Clemmey was unable to state where the tanks had gone and who had moved them. 2. The Argon, Carbon Dioxide and Helium compressed gas cylinders formerly located in the unsecured building had been removed. Mr. Clemmey was unable to state where the cylinders had gone and who had moved them. 3. All of the fifty-five (55) gallon drums and tires previously observed scattered throughout the property appeared to be undisturbed. On August 20, 1996, the Department issued to Mr. Jackson Clemmey a field Notice of Responsibility requesting that the John L. Clemmey Company, Inc. take the following actions within seven (7) days: 1. Hire a Licensed Site Professional to perform the services required by 310 CMR 40.000. Required services must ultimately result in a Response Action Outcome Statement (310 CMR 40.000). 2. Submit to the Department an Immediate Response Action Plan (IRAP). 3. Describe in detail where the two (2) two -thousand gallon tanks containing paint thinners went and how they were transported. -4- 4. Hire a spill cleanup contractor having experience, equipment and ability acceptable to the Department to immediately assess and eliminate, abate, or mitigate the release or threat of release and/or site conditions as required by the Department. You have failed to conduct the actions stated above within the seven (7) day time. The Department again requires that you submit the information listed above immediately upon receipt of this letter. This deadline constitutes an enforceable interim deadline established pursuant to 310 CMR 40.0167. This site shall not be deemed to have had all the necessary and required response actions taken for it unless and until all substantial hazards presented by the release and/or threat of release have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c.21E and the MCP. Specific approval is required from the Department for the implementation of all Immediate Response Actions ("IRA"), pursuant to 310 CMR 40.0410. Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. Unless otherwise provided by the Department, potentially responsible parties ("PRP's") have one year from the initial date of notification to the Department of a release or threat of a release, pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility, whichever occurs earlier, to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is August 20, 1997. If required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Submittal. The MCP requires that a fee of $750.00 be submitted to the Department when a Response Action Outcome ("RAO") statement is filed greater than 120 days from the date of notification. You must employ or engage a Licensed Site Professional ("LSP") to manage, supervise or actually perform the necessary response actions at this site. -5- If you have any questions relative to this notice, please contact Robert Kearns at the letterhead address or at 508-946-2865. All future communications regarding this release must reference the following Release Tracking Number: 4-12436. Very truly yo rs, Richard F. ackard, Chief Emergency Response/Release Notification Section P/RK/cb CERTIFIED MAIL NO. P 256 391 826 RETURN RECEIPT REQUESTED Attachments: Summary of Liability under M.G.L. c.21E cc: Town of Mansfield Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 Town of Mansfield Board of Health Town Hall 50 West Street Mansfield, MA 02048 Rhode Island Hospital Trust National Bank One (1) Hospital Trust Plaza Providence, RI 02903 ATTN: Mr James Potter R.E. Trust Dept. Commonweafth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Garemor Trudy Coxe Secretary, EOEA David B. Struhs Commissioner Rhode Island Hospital Trust National Bank, R.E. Trust Dept. one (1) Hospital Trust Plaza Providence, Rhode Island 02903 September 17, 1996 a RE: MANSFIELD--BWSC-ER 1 Foundry Road Former Clemmey Tank Co. RTN # 4-12436 NOTICE OF RESPONSE ACTION AND INTERIM DEADLINE, M.G.L. Ch. 21E and 310 CMR 40.0000. ATTN: Mr. James Potter The Department of Environmental Protection (the "Department") has determined that there is or has been a release of oil and/or hazardous material at the above -referenced property. Furthermore , the Department has determined that response actions are necessary to abate the threat to public health and the environment posed by the release and continuing threat of release of oil and/or hazardous materials at the Site. Said release is a result of unsecured leaking fifty-five (55) gallon drums of oil and hazardous materials on the property. On September 3, 1996, a Notice of Responsibility was issued to you (as used in this letter, "you" and "your" refers to the "Rhode Island Hospital Trust National Bank) explaining your liability and responsibility to conduct response actions at the site. As of this date, you have been unwilling or unable to conduct response actions at the site. The above Notice issued by the Department required you and your agents to take the necessary response actions to address conditions at the Site which may constitute an imminent hazard to the public health and the environment and required that the Company immediately implement an Immediate Response Action (IRA). Beginning on or after September 30, 1996, the Department intends to conduct an Immediate Response Action (IRA) in accordance with 310 CMR 40.0410 at the site in order to abate the threat to public health and the environment posed by the release and 20 Riverside Drive a Lakeville, Massachusetts 02347 a FAX (508) 947.6557 9 Telephone (508) 946-2700 -2- continuing threat of release of oil and/or hazardous materials at the Site. In accordance with 310 CMR 40.0160, this notice is to provide you with the opportunity to agree to take the response actions described in this notification by the Interim Deadline established herein. STATUTORY LIABILITIES r The following is a summary of your responsibility and liability under M.G.L. c. 21E. y You are hereby advised that the Department has reason to believe that you are a Potentially Responsible Party (PRP) with liability under M.G.L. c. 21E, § 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; 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/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material 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. The Massachusetts Contingency Plan (MCP) requires responsible parties to take necessary response actions at properties where there is or has been a release,or threat of release of oil and/or hazardous material. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, the Department is authorized by M.G.L. c. 21E §4 to have the work performed by its contractors. The Department is authorized by M.G.L. c. 21E §8 to enter any site and areas proximate thereto at reasonable times, and upon reasonable notice, to undertake assessment, containment and removal actions in order to address the subject release. Should you take the necessary response actions at the subject site, you can avoid liability for response action costs incurred by the Department and its contractors in performing these actions, and any sanctions which may be imposed for failure to perform response actions under the MCP. -3- You may be liable for up to three (3) times all response action costs incurred by the Department. Response action costs include, without limitation, the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department 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 40.1200.) 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 in 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. Civil and criminal liability may also be imposed under M.G.L. c. 21E, S 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. C. 21E, the MCP, or any order, permit or approval issued thereunder. INTERIM DEADLINE FOR NOTIFICATION OF YOUR INTENT TO CONDUCT RESPONSE ACTIONS As stated above, this letter provides notice to you that the Department intends to conduct the following response actions at the subject site unless you agree to do so in accordance with the terms and conditions of this notice. 1. Submission of an Immediate Response Action (IRA) Plan designed to abate and remediate the discharge of oil and/or hazardous material to the ground surface by Friday, September 27, 1996. This IRA Plan should include assessment activities necessary to support an imminent hazard evaluation in accordance with 310 CMR 40.0426; and should include, but not be limited to; 2. Within ten (10) days of completion of Item # 1, complete the segregation, stabilization and securing of all containers located outside and inside from which either releases have occurred or threats of releases are imminent. The work must be performed by a trained and licensed contractor and in accordance with a Health and Safety Plan; 3. Within fourteen (14) days of completion of Item # 2, perform by an EPA approved method, tightness tests on all underground storage tanks (UST) and associated product distribution lines containing oil and/or hazardous material; -4- 4. Within thirty (30) days of receipt of this Notice, remove all abandoned underground storage tanks (UST) and associated product distribution lines which contained oil and/or hazardous material; The Department will begin initiating the response actions described above unless you submit to the Department the following by 5:00 p.m. on Friday, September 27, 1996: (A) Written notification to the Department that,you intend to conduct the required response actions at the site. d (B) A conceptual work plan to conduct the necessary response actions. (C) A signed agreement and contract with a Licensed Site Professional (LSP) and an environmental clean-up contractor experienced in conducting response actions under M.G.L. c. 21E, and a strict timetable for completing the response actions. The dates and times established for all submittals referenced above are Interim Deadlines established pursuant to 310 CMR 40.0167. The Department's decision to establish one or more Interim Deadlines in accordance with 310 CMR 40.0167 is not subject to M.G.L. c. 30A or any other law governing adjudicatory proceedings. Should you fail to voluntarily undertake the required response actions and provide the Department with the submittals required in (A) through (C) by the Interim Deadline established above, or should you provide submittals that are determined by the Department to be unacceptable, the Department will initiate these response actions and will initiate appropriate cost recovery and/or enforcement actions as described above. If at any time you wish to assume responsibility for these response actions after the Department has initiated them, you may do so only with the permission of the Department. Be advised that in addition to the specific response action requirements mentioned in this notification, you are responsible for conducting all additional 21E response actions which may be necessary to complete the cleanup of this site in accordance with the MCP. The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. 'These response actions may include but are not limited to Comprehensive Response Actions and additional Immediate Response Actions. -5- IDENTIFICATION OF OTHER POTENTIALLY RESPONSIBLE PARTIES The Department has identified several other Potentially Responsible Parties (PRPs) associated with this site. As mentioned above, M.G.L. c. 21E liability is "strict", meaning it is not based on fault, but solely on a person's status as an owner, operator, generator, transporter or disposer. It is also joint and several, meaning that a person may be liable for all response action costs incurred at the site, regardless of the existence of any other liable parties. In light of this, a similar Notice.�of,Response Action and Interim Deadline letter has been sent to each of the following persons: V John L. Clemmey Company Inc. P.O. Box 54 Westport, Massachusetts 02791 ATTN: Mr Jackson Clemmey The Department encourages all parties listed here to contact one another in order to respond to this notification. A joint response action plan, if approved, would be acceptable to the Department. The Department encourages PRPs to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, PRPs may significantly lower their assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. Should you have any questions regarding this notice, please contact Robert Kearns at the letterhead address or at (508) 946- 2865. In any correspondence to this office, please refer to RTN 4- 12436. The Department looks forward to your cooperation in this matter. I Very truly yours, Richard F. Packard, Chief Emergency Response/Release Notification Section P/RK/re CERTIFIED MAIL NO. P 256 391 907 RETURN RECEIPT REQUESTED a cc: Board of Health Town Hall 50 West St. Mansfield, MA 02048 Board of Selectmen Town Hall 50 West St. Mansfield, MA 02048 Fire Department 291 N. Main St. Mansfield, MA 02048 John L. Clemmey Company Inc. P.O. Box 54 Westport, MA 02791 ATTN: Mr. Jackson Clemmey e DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director Jonathan Hobill, Acting Regional Engineer DEP - SERO Regional Enforcement Office e William F. Weld Governor Argeo Paul Cellucci Id, Governor Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office September Trudy Coxe Secretary David B. Struhs Commissioner Rhode Island Hospital Trust RE: MANSFIELD--BWSC-ER National Bank Trust, R.E. Dept. 1 Foundry Road One Hospital Trust Plaza Former Clemmey Tank Co. Providence, Rhode Island 02903 RTN # 4-12436 NOTICE OF RESPONSIBILITY RE UEST FOR AN IMMEDIATE RESPONSE ACTION PLAN (IRA) M.G.L. c 21E 310 CMR 40.0000 ATTENTION: Mr. James Potter On August 14 and August 1S, 1996, the Department of Environmental Protection (the "Department"), conducted a site inspection at the location referenced above and observed that a release of oil and hazardous material has occurred and that an Immediate Response Action is necessary. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice is to inform you (as used in this letter, "you" and "your" refers to the Rhode Island Hospital Trust) of your legal responsibilities under State law for assessing and/or remediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise. The Department has reason to believe that the release and/or threat of release which has been reported is or may be a disposal site as defined by the M.C.P. The Department also has reason to believe that you are a Potentially Responsible Party (a "PRP") with liability under M.G.L. c.21E §5, for response action costs. This 20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX (508) 947-6557 • Telephone (508) 946-2700 0� Printed on Recycled Paper dAI liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified in M.G.L. c.21E §5. This liability is also "joint and several", meaning that you may be liable for all response action costs incurred at a disposal site regardless of the existence of any other liable parties. The Department encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid the imposition of, the amount of or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c.21E is attached to this notice. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. SITE CONDITIONS During a site inspection on August 15, 1996, the following observations were made. The site known as the former "Clemmey Tank Company, Inc." is an open unsecured six (6) acre lot. The site contains four (4) unsecured buildings. Outside the buildings in one section eleven (11) barrels were stacked, some are empty but seven (7) fifty-five (55) gallon drums contained waste oil, solvents, paint solids and thinners. Numerous other rusted drums are partially full or empty throughout the property. The drums were unlabeled, some were located outside the unsecured buildings and have no secondary containment and are in a rusted, bulging condition with visible product staining on the ground. A two hundred seventy five (275) gallon aboveground storage tank observed lying on its side contained product and approximately two hundred (200) scrap tires were observed outside in the yard. There are two specific areas where sand blast grit is located. Inside one building in an unsecured area is a fifty-five gallon drum marked "anti freeze" and two (2) partially full drums that were unlabeled but may be waste oil. Two (2) two thousand (2,000) gallon tanks with the markings "paint thinners", one tank -3- appeared to contain product and although the tanks were bermed the berm appeared to be leaking due to the staining observed on the floor adjacent to the tanks. In the unsecured main building ten (10) compressed gas cylinders were observed and three (3) old electrical transformers were observed adjacent to the building on the outside. There were numerous barrels of petroleum products scattered throughout the building. Located in one of the storerooms were numerous five (5) gallon pails of paint thinners and solvents and epoxy resins. outside the main building an abandoned underground #2 fuel oil storage tank containing two (2) inches of product was observed. The Department conducted a follow up site inspection with a representative of the United States Environmental Protection Agency (EPA) and the Mansfield Fire Department on August 20, 1996, and met with Mr. Jackson Clemmey. The following was observed: 1. The two (2) two thousand (2,000) gallon aboveground storage tanks marked "paint thinners" were no longer located on the property. Mr. Clemmey was unable to state where the tanks had gone and who had moved them. 2. The Argon, Carbon Dioxide and Helium compressed gas cylinders formerly located in the unsecured building had been removed. Mr. Clemmey had been unable to state where the cylinders had gone and who had moved them. 3. All of the fifty-five (55) gallon drums and tires previously observed scattered throughout the property appeared to be undisturbed. on August 20, 1996, the Department issued to Mr. Jackson Clemmey a field Notice of Responsibility requesting that the John L. Clemmey Company, Inc., take the following actions within seven (7) days: 1. Hire a Licensed Site Professional to perform the services required by 310 CMR 40.000. Required services must ultimately result in a Response Action outcome Statement (310 CMR 40.000). 2. Submit to the Department an Immediate Response Action Plan (IRAP). 3. Describe in detail where the two (2) two thousand gallon tanks containing paint thinners went and how they were transported. -4- 4. Hire a spill cleanup contractor having experience, equipment and ability acceptable to the Department to immediately assess and eliminate, abate, or mitigate the release or threat of release and/or site conditions as required by the Department. You have failed to conduct the actions stated above within the seven (7) day time. The Department requires that you submit the information listed above within 7 days of receipt of this letter. This deadline constitutes an enforceable interim deadline established pursuant to 310 CMR 40.0167. This site shall not be deemed to have had all the necessary and required response actions taken for it unless and until all substantial hazards presented by the release and/or threat of release have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c.21E and the MCP. Specific approval is required from the Department for the implementation of all Immediate Response Actions ("IRA"), pursuant to 310 CMR 40.0410. Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. Unless otherwise provided by the Department, potentially responsible parties ("PRP's") have one year from the initial date of notification to the Department of a release or threat of a release, pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility, whichever occurs earlier, to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is August 30, 1997. If required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Submittal. The MCP requires that a fee of $750.00 be submitted to the Department when a Response Action Outcome ("RAO") statement is filed greater than 120 days from the date of notification. You must employ or engage a Licensed Site Professional ("LSP") to manage, supervise or actually perform the necessary response actions at this site. -5- If you have any questions relative to this notice, please contact Robert Kearns at the letterhead address or at 508-946-2865. All future communications regarding this release must reference the following Release Tracking Number: 4-12436. Very truly yours, Richard F. Packard, Chief Emergency Response/Release Notification Section P/RK/jt CERTIFIED MAIL #P606 845 476 RETURN RECEIPT REQUESTED Attachments: Summary of Liability under M.G.L. c.21E CC: Town of Mansfield Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 Town of Mansfield Board of Health Town Hall 50 West Street Mansfield, MA 02048 Rhode Island Hospital Trust National Bank One Hospital Trust Plaza Providence, RI 02903 ATTN: Mr. James Potter R.E. Trust Dept Mansfield Fire Department 291 North Main Street Mansfield, MA 02048-2249 ATTN: Lt. Joseph J. Sarro, Jr. DEP-SERO ATTN: Andrea Papadopoulos, Deputy Regional Director DEP- SERO-BWSC ATTN: Data Entry William F. Weld Gowmor Trudy Coxe Secretary, EOEA David B. Struhs Commlalow Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Re�gig01 ffice C L J URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REOUESTED Mr. John L. Clemmey John L. Clemmey Company, Inc. P.O. Box 54 Westport, Massachusetts 02791 September 20, 1996 RE: MANSFIELD--BWP 1 Foundry Road former Clemmey Tank Co. NOTICE OF NONCOMPLIANCE 310 CMR 16.00 & 19.000 NON-SE-96-R006-4 NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE. FAILURE TO TARE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. On August 14 and 15, 1996, the Massachusetts Department of Environmental Protection (the "Department") conducted inspections at 1 Foundry Road in Mansfield, Massachusetts, (the "Site") in an effort to ascertain compliance with various environmental regulations. During the inspections, the Department observed numerous violations of environmental regulatory requirements regarding the storage, handling, dumping of various waste materials. These waste materials included petroleum products, chemical products, construction and demolition debris, tires, railroad ties, old industrial equipment and assorted industrial waste. The ensuing investigation has revealed that you (as used in this letter, "you" refers to John L. Clemmey Company, Inc.) are the responsible party regarding oversight of the Site. On September 3, 1996, the Department's Bureau of Waste Site Cleanup issued you a Notice of Responsibility ("NOR") under Release Tracking Number RTN 4-12436, with respect to the clean-up of oil and/or hazardous materials ("OHM") which were 'observed on the Site. And, as previously indicated above and in the NOR, the Site also contains various areas of improper solid' waste dumping which require clean-up actions. Accordingly, and as a result of the Department's observations during the August 14 & 15, 1996 inspections, you are hereby advised that the areas of improper solid waste dumping are in violation of 20 Riverside Drive 0 Lakeville, Massachusetts 02347 • FAX (508) 947-6557 0 Telephone (508) 946.2700 -2- one (1) or more laws, regulations, orders, licenses, permits or approvals enforced by the Department. Attached hereto is a written description of the following: each activity of noncompliance; the requirement(s) violated; and the deadline for coming into compliance with the requirements violated. Please be advised that notwithstanding this NON, the Department reserves the right to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court -imposed civil penalties, or administrative penalties assessed by the Department. If you fail to take any action(s) the Department now wants you to take by the prescribed deadline (s), or if you otherwise fail to remain in compliance in the future with the requirements applicable to you, you could be subject to legal action, including but not limited to, criminal prosecution, court -imposed civil penalties or civil administrative penalties assessed by the Department. A civil administrative penalty may be assessed for every day from now on that you are in noncompliance with the requirements referred to above. Should you have any questions regarding this matter, please contact Robert Johnson at the letterhead address or by calling (508) 946-2832. Very truly your , ence T. Brennan, Chief Regional Enforcement and Compliance Team (REACT) B/RHJ/cb Attachment CERTIFIED MAIL NO. P 256 391 844 RETURN RECEIPT REQUESTED cc: Rhode Island Hospital Trust National Bank One Hospital Trust Plaza Providence, RI 02903 ATTN: James Potter C19C cc: Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 Board of Health Town Hall 50 West Street Mansfield, MA 02048 Fire Department 291 North Main Street Mansfield, MA 02048 DEP/SERO ATTN: Andrea Papadopoulos, Deputy Regional Director David Johnston, Acting Deputy Regional Director DEP/SERO ATTN: Christopher Tilden, P.E. Regional Engineer for BWP DEP/BWP/DSWM/SERO ATTN: David Ellis, Chief DEP/BWSC/ER/SERO ATTN: Richard Packard, Chief Regional Enforcement Office (2 copies) DEP/SERO ATTN: Data Entry u 0 NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY NAME OF ENTITY IN NONCOMPLIANCE: John L. Clemmey Company, Inc. P.O. Box 54 Westport, Massachusetts 02791 LOCATION WHERE NONCOMPLIANCE OCCURRED/WAS OBSERVED: (former Clemmey Tank Company) 1 Foundry Road Mansfield, MA 02048 DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: August 14 & 15, 1996 DESCRIPTION OF NONCOMPLIANCE : During an inspection(s) performed on August 14 and 15, 1996, the Department observed the presence of assorted waste materials scattered about the Site. These waste materials included assorted 55-gallon drums (some of which were empty while seven (7) of which were full), assorted construction and demolition debris, tires, railroad ties, and industrial waste (sandblast and grinding grit). The Site consists of approximately three (3) acres with four (4) vacant buildings. The buildings also contained the described waste materials. Review of Department records indicated that the Site is neither site assigned under the statutory requirements of M.G.L., Chapter 111, Section 150A, nor permitted under the regulatory requirements of 310 CMR 16.00 and 310 CMR 19.000, for the storage, processing, handling,',or disposal of solid waste. REQUIREMENTS) NOT COMPLIED WITH: The following is a description of the specific regulatory requirements not complied and the deadlines for coming into compliance therewith: M.G.L., c.1111 s.150A which states in part: No place in any city or town shall be maintained or operated by any person, including any political subdivision of the commonwealth, as a site for a facility, or as an expansion of an existing facility, unless, after a public hearing,such a place has been assigned by the board of health of such city or town in accordance with the provisionsof this section... d� 310 CMR 16.06 - Prohibitions - No place in any city or town shall be maintained or operated as a site or a facility unless such a place has been assigned by the board of health or the Department, whichever is applicable, pursuant to M.G.L., c.lil, s.150A. Any disposal of solid waste at any location not so assigned shall constitute a violation of said statute and of 310 CMR 16.00. 310 CMR 19.003 - Applicability - 310 CMR 19.000 shall apply to all solid waste management activities and facilities including, without limitation, landfills, dumping grounds, transfer stations, solid waste combustion facilities, solid waste processing and handling facilities, recycling facilities, refuse composting facilities and other works or sites for the storage, transfer, treatment, processing or disposal of solid waste and the beneficial use of solid waste. 310 CMR 19.014 - Prohibition on Open Dumps and Dumping Grounds - No person shall establish, construct, operate or maintain a dumping ground or operate or maintain a landfill in such a manner as to constitute an open dump. For purpose of 310 CMR 19.014, the phrase "establish, construct, operate or maintain" shall include without limitation, disposing of or contracting for the disposal of refuse in a dumping ground or open dump. ACTION(S) TO HE TAKEN AND THE DEADLINE FOR TARING SUCH ACTION(S): 1. Immediately upon receipt of this NON, cease all dumping and/or disposal of solid waste at the Site; 2. Within fourteen (if) days of receipt of this NON, implement appropriate security measures in order to deter and prevent future occurrences of dumping of solid waste at the Site; 3. Within thirty (30) days of receipt of this NON, initiate the cleanup of all accumulated solid waste materials at the Site; Within sixty (60) days of receipt of this NON, provide the Department with documentation that all solid waste has been removed from the Site and properly disposed of at an approved disposal facility; and -3- 5. Within seven (14) days of receipt of this NON, submit to the Department a written statement as to your intentions to address the issues of noncompliance indicated above. Should you contact Robert (508) 946-2832. DATE: have any questions regarding this matter, please Johnson at the letterhead address or y calling BY: Spg ce T. Brennan, Chief Regional Enforcemet)t and Compliance Team (REACT) COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENYiRoNMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE WILLIAM F. WELD Governor ARGEO PAUL CELLUCCI Lt. Governor tiY Mr. Steve Novick U.S. Environmental Protection Agency Environmental Services Division Emergency Planning and Response Branch JFK Federal Bldg. Boston, Massachusetts 02203-2211 Dear Mr. Novick: TRUDY CORE Secretary DAVID B. STRUHS Commissioner November 6, 1996 RE: MANSFIELD--BWSC 1 Foundry Road Clemmey Tank Co. RTN #4-12436 The purpose of this letter is to request EPA assistance to evaluate a potential removal action and risk reduction opportunity at the Former Clemmey Tank Company, 1 Foundry Road, Mansfield, Massachusetts. On August 15, 1996, the Department conducted a site investigation of the abandoned steel tank manufacturing plant known as the former "Clemmey Tank Company, Inc." The site, a six acre lot contains four (4) unsecured buildings. Outside the buildings are fifty-five (55) gallon drums containing waste oil, solvents, paint solids and thinners. Numerous other unlabeled and partially full rusted drums are present, several of which are bulging. Staining was observed on the ground around some of the drums. A two hundred seventy five (275) gallon aboveground storage tank lying on its side contained product. There are two specific areas where sand blast grit is located. The Department conducted a site inspection with Gary Lipson of your office, the Mansfield Fire Department and Mr. Jackson Clemmey on August 20, 1996. On August 20, 1996, the Department issued to Mr. Jackson Clemmey a field Notice of Responsibility and on August 29, 1996 the Department issued a Notice of Responsibility, Request for an Immediate Response Action Plan (IRA) and a Notice of Interim Deadline requesting that the John L. Clemmey Company, Inc., take certain actions to respond to these releases and threats of releases, including: hiring a Licenced Site Professional, hiring a spill cleanup contractor, and conducting an Immediate Response 20 Riverside Drive 9 Lakeville, Massachusetts 02347 • FAX (508) 947-6557 0 Telephone (508) 946-2700 1W= Action (IRA). On September 17, 1996 the Department issued to Mr. Jackson Clemmey a Notice of Response Action and Interim Deadline letter. No response has been received from Mr. Clemmey or his representatives. If you have any questions concerning this site, please contact Robert Kearns at the letterhead address or at 508-946-2865. Very truly yours, Richard F. Packard, Chief Emergency Response/Release Notification Section P/RK/re CERTIFIED MAIL NO. P 256 395 636 RETURN RECEIPT REQUESTED cc: Town of Mansfield Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 Town of Mansfield Board of Health Town Hall 50 West Street Mansfield, MA 02048 DEP-SERO ATTN: Andrea Papadopoulos, Deputy Regional Director Camille Connick, BWSC ARGEO PAUL CELLUCCI Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL• RETURN RECEIPT REQUESTED September 2, 1997 John L. Clemmey Company P.O. Box 54 Westport, Massachusetts ATTENTION: Mr. Clemmey TRUDY COXE Secretary DAVID B. STRUHS Commissioner Inc. RE: IvIANSFIELD--BWSC-ER 1 Foundry Road 02791 Former Clemmey Tank Co. RTN # 4-12436 NOTICE OF RESPONSE ACTION AND INTERIM DEADLINE, M.G.L. Ch. 21E and 310 CMR 40.0000 The Department of Environmental Protection (the "Department") has determined that there is or has been a release of oil and/or hazardous material at the above -referenced property. Further, the Department has determined that response actions are necessary to abate the threat to public health and the environment posed by the release and continuing threat of release of oil and/or hazardous materials at and from the Site. Said release is a result of unsecured leaking fifty-five (55) gallon drums of oil and hazardous materials on the property. On September 3, 1996, a Notice of Responsibility was issued to you (as used in this letter, "you" and "your" refers to the John L. Clemmey Company Inc.) explaining your liability and responsibility to conduct response actions at the site. As of this date, you have been unwilling or unable to conduct response actions at the site. The above Notice issued by the Department required you and your agents to take the necessary response actions to address conditions at the Site which may constitute an imminent hazard to the public health and the environment and required that you immediately implement an Immediate Response Action (IRA). Beginning on or after September 15, 1997, the Department, in order to abate the threat to public health and the environment posed by the release and continuing threat of release of oil and/or hazardous materials at the Site, intends to conduct an Immediate 20 Riverside Drive 0 Lakeville, Massachusetts 02347 0 FAX(508) 947-6557 • Telephone (508) 946-2700 -2- Response Action (IRA) in accordance with 310 CMR 40.0410. The IRA will include the removal of the contents of, or removal of, drums, barrels, tanks or other bulk containers which contain or may contain oil and oil hazardous material. These response actions are outlined below. In accordance with 310 CMR 40.0160, this notice is to provide you with the opportunity to agree to take the response actions described in this notification by the Interim Deadline established herein. INTERIM DEADLINE FOR NOTIFICATION OF YOUR INTENT TO CONDUCT RESPONSE ACTIONS As stated above, this letter provides notice to you that the Department intends to conduct the following response actions at the subject site unless you agree to do so in accordance with the terms and conditions of this notice. 1. Submission of an Immediate Response Action (IRA) Plan designed to abate and remediate the discharge of oil and/or hazardous material to the ground surface by Friday, September 12, 1997. This IRA Plan shall include assessment activities necessary to support a Phase 1 Report or Response Action Outcome Statement if filed prior to Tier Classification. This IRA Plan should also include assessment activities necessary to support an imminent hazard evaluation in accordance with 310 CMR 40.0426.; and should include, but not be limited to, the execution of soil borings, installation of monitoring wells, and the collection and analysis of soil, groundwater and surface water samples. The Department may provide an oral approval for work to begin prior to issuing a written approval. 2. A signed agreement and contract with a Licensed Site Professional (LSP) and an environmental clean-up contractor experienced in conducting response actions under M.G.L. c. 21E, and a strict timetable for completing the response actions. 3. Within ten (10) days of completion of Item # 1, complete the segregation and removal of all containers located on the property. The work must be performed by a trained and licensed contractor and in accordance with a Health and Safety Plan. 4. Within thirty (30) days of receipt of this Notice, remove all underground storage tanks (UST) and associated product distribution lines which contained oil and/or hazardous material. -3- The Department will begin initiating the response actions described above unless you submit Items #1 and #2 to the Department by 5:00 p.m. on Friday, September 12, 1997: The dates and times established for all submittals referenced above are Interim Deadlines established pursuant to 310 CMR 40.0167. The Department's decision to establish one or more Interim Deadlines in accordance with 310 CMR 40.0167 is not subject to M.G.L. C. 30A or any other law governing adjudicatory proceedings. Should you fail to voluntarily undertake the required response actions and provide the Department with the submittals required in (A) through (C) by the Interim Deadline established above, or should you provide submittals that are determined by the Department to be unacceptable, the Department will initiate these response actions and will initiate appropriate cost recovery and/or enforcement actions as described above. If at any time you wish to assume responsibility for these response actions after the Department has initiated them, you may do so only with the permission of the Department. Be advised that in addition to the specific response action requirements mentioned in this notification, you are responsible for conducting all additional 21E response actions which may be necessary to complete the cleanup of this site in accordance with the MCP. The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. These response actions may include but are not limited to Comprehensive Response Actions and additional Immediate Response Actions. STATUTORY LIABILITIES The following is a summary of your responsibility and liability under M.G.L. c. 21E. You are hereby advised that the Department has reason to believe that you are a Potentially Responsible Party (PRP) with liability under M.G.L. c. 21E, § 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; 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/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. -4- 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. The Massachusetts Contingency Plan (MCP) requires responsible parties to take necessary response actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, the Department is authorized by M.G.L. c. 21E §4 to have the work performed by its contractors. The Department is authorized by M.G.L. c. 21E 58 to enter any site and areas proximate thereto at reasonable times, and upon reasonable notice, to undertake assessment, containment and removal actions in order to address the subject release. Should you take the necessary response actions at the subject site, you can avoid liability for response action costs incurred by the Department and its contractors in performing these actions, and any sanctions which may be imposed for failure to perform response actions under the MCP. You may be liable for up to three (3) times all response action costs incurred by the Department. Response action costs include, without limitation, the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department 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 40.1200.) The Department may also assess interest on costs incurred at the rate of twelve percent (120), compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your property in 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. Civil and criminal liability may also be imposed under M.G.L. c. 21E, § 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. C. 21E, the MCP, or any order, permit or approval issued thereunder. -5- Should you have any questions regarding this notice, please contact Robert Kearns at the letterhead address or at (508) 946- 2865. In any correspondence to this office, please refer to RTN 4-12436. The Department looks forward to your cooperation in this matter. Very truly yours, Richard F. Packard, Chief Emergency Response/Release Notification Section P/RK/re CERTIFIED MAIL NO. P 256 385 889 RETURN RECEIPT REQUESTED CC: Board of Health Town Hall 50 West St. Mansfield, MA 02048 Board of Selectmen Town Hall 50 West St. Mansfield, MA 02048 Fire Department 291 N. Main St. Mansfield, MA 02048 Rhode Island Hospital Trust National Bank One (1) Hospital Trust Plaza Providence, Rhode Island 02903 ATTN: Mr James Potter R.E. Trust Dept Ostendorf - Morris 1100 superior Avenue Cleveland , Ohio 44114 ATTN: Joseph P. Ditchman, Jr. DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director Jonathan Hobill, Acting Regional Engineer DEP - SERO Regional Enforcement Office COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE ARGEO PAUL CELLUCCI Governor ITR , NT LEGAL ,AT MATTER: PROMPT ACTION NECESSARY CIFRTTETFFDZAIL- RETURN RECEIPT REQ TEED October 30, 1998 Coh LPickson mmey Company, Inc. RE: MANSFIELD-BWSC Clemmey Former Clemmey Tank Post Office Box 54 1 Foundry Road Westport Point, Massachusetts RTN# 4-14167 02791 NOTT O ggspoNsTgIT,TTy T M-Q-L. c. 21R, 310, CMR 40-0000 ATTENTION: Mr. Jackson Clemmey - TRUDY CORE Secretary DAVID B. STRUHS Commissioner On September 9, 1998 at 11:00 AM the Department of Environmental Protection (the "Department") conducted an inspection of the above property and observed two aboveground metal tanks located in Building #2 that are being used to store a petroleum product believed to be waste oil. This storage of oil in an unsecured area constitutes a threat of release of oil and/or hazardous material at the above referenced property which requires one or more response actions. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice is to inform you of your legal responsibilities under State law for assessing and/or remediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise. 20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX (508) 947-6557 • Telephone (508) 946-2700 This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. DEP on the World Wide Web: hdpWw"magnet.state.ma.us/dep 0n 0 Printed on Recycled Paper Pa The Department has reason to believe that the release and/or threat of release which has been reported is or may be a disposal site as defined by the M.C.P. The Department also has reason to believe that you (as used in this letter, "you" refers to John L. Clemmey Company, Inc., c/o Mr. Jackson Clemmey) are a Potentially Responsible Party (a "PRP") with liability under M.G.L. c.21E §5, for response action costs. This liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer or other person specified in M.G.L. c.21E §5. This liability is also "joint and several", meaning that you may be liable for all response action costs incurred at a disposal site regardless of the existence of any other liable parties. The Department encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid the imposition of, the amount of or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of liability .. under M.G.L. c.21E is attached to this notice. _. 3. You should be. aware that you may have claims against ; third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. The Department requires within 30 days of receipt of this letter that you submit the following: 1. Written notification to th November 19, 1998 that you required response actions e Department by 5:00 p.m., intend to conduct the at the site. 2. A signed agreement and contract with a Licensed Site Professional (LSP) and an environmental clean-up contractor experienced in conducting response actions under M.G.L. C. 21E, and a timetable for completing the response actions. 3. Engage the services of a licensed hazardous waste cleanup contractor. The hazardous waste cleanup contractor shall remove all contents from the two (2) metal tanks and dispose of them in a manner approved by Local, State and Federal requirements by November 19, 1998. 3 The dates and times established for all submittals referenced above are Interim Deadlines established pursuant to 310 CMR 40.0167. The Department's decision to establish one or more Interim Deadlines in accordance with 310 CMR 40.0167 is not subject to M.G.L. c. 30A or any other law governing adjudicatory proceedings. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of a written IRA Plan, IRA Completion Statement and/or an RAO statement. The MCP requires that a fee of $750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. Specific approval is required from the Department for the implementation of all IRAs, and Release Abatement Measures (RAMS) pursuant to 310 CMR 40.0420 and 310 CMR 40.0443, respectively. Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. In. addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification Form (BWSC-1.0.3._,.attached) be .. . submitted to the Departmentwithin sixty (60) calendar days of the receipt of this Notice. _ You may obtain a list of the names and addresses :of these licensed professionals from.the Board of Registration:of Hazardous Waste Site Cleanup Professionals at (617) 556-1145::._, . Unless otherwise provided ,by the Department, potentially responsible parties ("PRP's") have one year from the initial date of notification to the Department of a release or threat of a release, pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility, whichever occurs - earlier, to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is October 30, 1999. If required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Submittal. This site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the release and/or threat of release have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c.21E and the MCP. 4 If you have any questions relative to this notice, please contact Robert Kearns at the letterhead address or at (508) 946- 2865. All future communications regarding this release must reference the following Release Tracking Number: 4-14167. Very truly yours, Richard F. Packard, Chief Emergency Response / Release Notification Section P/RJK/re CERTIFIED MAIL Z 598 884 174 RETURN RECEIPT REQUESTED Attachments: Release Notification Form; BWSC-103 and.Instructions Summary,of Liability under M.G.L. c.21E CC: Bogle & DeAscentis 57 North Main Street Fall River, MA 02720 ATTN: Peter Bogle Board of Health. Town Hall 50 West St. Mansfield, MA 02048 Board of Selectmen Town Hall 50 West St. Mansfield, MA 02048 Fire Department 291 N. Main St. Mansfield, MA 02048 DEP - SERO ATTN: Data Entry ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE CO P BOB DURAND Secretary LAUREN A. LISS Commissioner May 27, 1999 Mr. Jackson Clemmey RE: MANSFIELD--BWSC/ER P.O. Box 54 Former Clemmey Tank Westport, Massachusetts 02790 1 Foundry Street RTN: 4-12436 NOTICE OF COMMENCEMENT OF WORK, M.G.L Ch. 21E And 310 CMR 40.0000 THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTIONIN,: ; RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES ATTENTION: Jackson Clemmey The Department of Environmental Protection (the "Department") informed you on September 2, 1997, by a NOTICE OF RESPONSE ACTION of your potential liability under the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, arising from a release and/or threat of release of oil and/or hazardous material at the above referenced site. At that time you were offered the opportunity to perform the required assessment, containment and response actions in lieu of the Department. As a result of your failure to complete the necessary response actions the Department has engaged the services of one of its Emergency Response and Site Support Services Contractor, Frank Corp. Environmental Services Inc. to carry out the tasks listed below. This letter is to provide you with notice that the Department intends to commence field response actions on June 2, 1999, which are necessary to abate an existing threat to public health, safety, welfare and the environment. These actions are being undertaken pursuant to the Department's authority under M.G.L. C. 21 E, Sections 4 and 8. Section 4 authorizes the Department to take or arrange for such response actions as it 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 C. 2 1 E and in accordance with the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. 20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX (508) 947-6557 • Telephone (508) 946-2700 This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. DEP on the Wodd Wde Web: hltp:/lw .magnetslate.ma.us/dep 0 Printed on Recycled Paper The proposed work involves: Physical removal of the remaining south corner of Building #1, which burned down on April 22, 1999, to access fifteen (15) drums of consolidated wastes. 2. Removal and disposal of fifteen (15) drums of waste. Removal and disposal of waste oil from a 330 gallon aboveground storage tank located in Building #2. The vessel will be destroyed (i.e crushed) to prevent the dumping of additional waste. Please be advised that,the Department continues to consider you liable under M.G.L. C. 21E for up to three (3) times all response action costs incurred by the Department related to the site and for damages to natural resources. You may also be liable under M.G.L. C. 21E, Section 11, and M.G.L. C. 21A, Section 16, for any violations of C. 21E or other laws, statutes, regulations, orders, or approvals. If you have any questions concerning this matter, please contact Julie J. Hutcheson at the letterhead address or at (508) 946-2852. P'JJHfcb Very truly yours, Richard F. Packard, Chief Emergency Response / Release Notification Section CERTIFIED MAIL # Z 539 134 096 RETURN RECEIPT REQUESTED cc' 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 Mansfield Fire Department 291 North Main Street Mansfield, MA 02048 ATTN: Lt. Joseph Sarro, Jr. Attorney Jay Clarkin P.O. Box 267 Fall River, MA 02722 DEP-BWSC-Boston ATTN: Maria Pinaud