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HomeMy WebLinkAbout297-301 N. Main St. - 12/13/1999COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENT DEPARTMENT OF ENVIRONMENTAL P )E 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-9 TE6 ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECIEPT REQUESTED December 13, 1999 ElizabethGiordani RE: MANSFIELD-BWSC 4-0001140 14 Briggs Pondway % �,297-301 N Main St Sharon, MA 02067- < _._..NOTICE -OF RESPONNSIBILTTY Dear Property Owner: BOB DURAND Secretary LAUREN A. LISS Commissioner The Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (the' "Department") is tasked with ensuring the permanent cleanup of oil and hazardous material releases pursuant to Massachusetts General Law Chapter 2 1 E ("Chapter 21E"). The law is implemented through regulations known as the Massachusetts Contingency Plan, 310 CMR 40.0000 et seq. (the "MCP"). Through the MCP, the Department is currently regulating a release of oil that has occurred at 297-301 N Main St, Mansfield, Massachusetts. The Department was first notified of the release on April 15, 1992. The Department does not currently have in its files appropriate documentation indicating that the release is being addressed in the timely manner that is required by the regulations. The Department's records indicate that you are the owner of the ,property where the release occurred. As the owner of the property, you are a Potentially Responsible Party ("PRP") with potential liability for the release pursuant to Chapter 21E., The liability is "strict", meaning that it is not based on fault, but solely on your status as the owner of the property Where the release occurred. This liability is also "joint and several", meaning that you may be held liable for the release and all response action costs incurred at the disposal site regardless of the existence of any other liable parties. The purpose of this Notice is to inform you of your legal responsibilities under State law for assessing and/or remediating the release. Enclosed with this Notice is a summary sheet outlining the potential liability issues associated with Chapter 21E. Additionally, this Notice is to inform you that the response actions required to address the release are overdue. Specifically, the MCP requires that either a Tier Classification, Response Action Outcome Statement or Downgradient Property Status Submittal be submitted to the Department within a predetermined timeframe. The Department's files indicate one of these documents was due to the Department by August 2, 1997. This Information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. DEP on the World Wide Web: hdp://w .magnet.state.ma.us/dep 0 Printed on Recycled Paper You should be aware that you might 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 that 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 encourages parties with potential liability under Chapter 21E to take prompt and appropriate action in response to a release and/or a threat of release of oil and/or hazardous materials. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid liability for costs that may be incurred by the Department in taking such actions. Please be aware, the Department has the authority to penalize individuals who do not comply with the Department's regulations. LICENSED SITE PROFESSIONAL You must employ or engage a Licensed Site Professional ("LSP") to oversee assessment and cleanup actions so that they are performed in compliance with the MCP. LSPs are scientists or engineers experienced in assessing and cleaning up contaminated property. LSPs are licensed by the state Board of Registration of Hazardous Waste Site Cleanup Professionals (the "LSP Board"). The LSP obtained by you will be able to review the options available to you regarding the regulatory requirements contained in the MCP. You may obtain a list of the names and addresses of LSPs from the LSP Board in Boston at 617-556-1145. Enclosed with this Notice is a "Potentially Responsible Party Response Form". Please fill out the form and return it to the Department's Southeast Regional Office within 21 days of your receipt of this Notice. If you believe the Department has incorrectly identified you as the owner of the property where the release took place, please state as such on the form. This release 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. If you are aPRP, and you fail to respond to this Notice, the Department may initiate an enforcement action against you. This could include, but not be limited to the issuance of a Notice of Noncompliance, a Penalty Assessment Notice, or a Unilateral Administrative Order from the Department. If you have any questions relative to this Notice, please contact Courtland Ridings at the letterhead address or at 508-946-2785. All future communications regarding this release must reference Release Tracking Number 4-0001140. Very truly yours, Jo athan Ilobill, Regional Engineer eau of Waste Site Cleanup Attachments: Potentially Responsible Party Response Form Summary of Liability Supplemental Information Regarding This Notice of Responsibility Certified Mail Number Z 350388053 Return Receipt Requested cc: Board Of Health 50 West Street Mansfield, MA 02048 Board of Selectmen 50 West Street Mansfield, MA 02048 ATTACHMENT 1 POTENTL4,LLY RESPONSIBLE PARTY RESPONSE FORM Release Tracking Number: 4-0001140 Release Town: MANSFIELD Release Address: 297-301 N MAIN ST Check One 24 Check One 42 INFORMATION ON FILE WITH THE DEP Current Owner: ELIZABETH GIORDANI 14 BRIGGS PONDWAY MA 02067- Please Check Off One Of The Following Options I am not currently the owner of 297-301 N Main St, Mansfield, Massachusetts. Additionally, I was not the owner of 297-301 N Main St, Mansfield, Massachusetts, when the lease occurred on April 15, 1992 or subsequent to that date. To the best of my knowledge, the current owner of the above reference property is: Owner Name: Owner Street Address: Owner Town, State, Zip: I am the current owner of 297-301 N Main St, Mansfield, Massachusetts. The Licensed Site Professional I have obtained to assist me address the release is: I attest under the penalties of perjury that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this certification, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained herein is, to the best of my knowledge and belief, true, accurate and complete. Name (Print): Position or Title: Signature: Date: Phone Number: Return the complete form to the attention of Courtland Ridings, Massachusetts Department or Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, Massachusetts 02347. TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 January 22, 1993 Mr. Mark Begley Site Remediation Section Massachusetts Department of Environmental Protection Lakeville Hospital Route 105 Lakeville, MA 02347 Re: Environmental Site Assessment 297-301 North Main Street, Mansfield Dear Mr. Begley: I have been advised that the North Main Street property has been listed by your department as a non -priority site. I am writing to request that a public involvement plan be implemented. We wish you to conduct a public hearing so that comments can be received on the alleged health risks associated with the contamination. Your cooperation and understanding in this matter are appreciated. Vier/y truly yours, ri11.Q"q '�. 0 William F. Williams Town Manager WFW/ego cc: Board of Selectmen Robert Swanson, DPW Director/Town Engineer Richard Lewis, Conservation and Environmental Planner Edward Sliney, Fire Chief Scott Leite, Health Agent TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 Tl �.,+t1 TO: Board of Selectmen FROM: William F. Williams, Town Manager GPLA/ DATE: September 5, 1991 SUBJECT: Environmental Assessment 297-301 North Main Street I received this date a report on the environmental status on the vacant property located at 297-301 North Main Street. A copy of the pertinent findings and summary conclusion is appended. Pending the outcome of the site conditions, I recommend all property acquisition plans be placed on hold. WFW/ego cc: ✓Board of Health Engineering Department Conservation Commission Edward A. Sliney, Jr., Fire Chief Attachment Lincoln Environmental, Inc. August 27, 1991 Page 38 FINDINGS 1. Review of site historical and land use information indicates the site was used by A.D. King from the late 1800's until approximately the early 1920's. A.D. Kingwas likely a distributor of coal, hay, lime, cement, and grains. In the early 1920's, the land was used for automobile services as evidenced by the presence of an eleven car garage. Similar use is indicated up until the time of the building's demolition in 1989. The land is currently vacant of any building structures. Sanborn maps reveal a gasoline storage tank was located on the northern portion of the site in 1920±. The vessel is not shown in later years. No documentation of removal for this feature was made available over the course of this investigation. Information was reviewed at Mansfield Fire which indicates two storage tanks were removed from the southwest portion of the site in 1987. 2. Files made available and reviewed at the Massachusetts Department of Environmental Protection Southeast Regional Office revealed no information pertaining to spills or department response. The site was not posted on the department's list of Confirmed Disposal Sites or Locations To Be Investigated. The site was not posted on the Environmental Protection Agency CERCLIS or RCRA Listings. Lincoln Environmental, Inc. August 27, 1991 Page 39 3. Review of site water supply indicates the site and surrounding area are serviced by public water. Water is supplied to Mansfield by municipal wells, the closest of which is one mile to the north. Water Supply Protection District boundaries are located northwest of the site. Mansfield is currently performing Zone I, one II, and Zone III determination studies. Four private wells are also located on Thomas Street, Shawmut Street, Samoset Street, and North Main Street. The Thomas Street well is 550± northwest of the site. Surface waters in proximity to the site include the Rumford River, Fulton and Kingman Ponds. These waters are not used for drinking water supply. 4. No evidence of gross staining, spillage, or stressed vegetation were noted during surficial site inspection. The site was free of surficial vent and fill structures typical of underground storage. The ground cover at the site was predominately compacted sand, gravdl, and building rubble. 5. Subsurface investigation, in conjunction with soil screening, indicates subsurface soils at the southwest portion of the property (MW-3) have been impacted by volatile organic compounds. Subsequent groundwater analysis indicates the presence of benzene, toluene, ethylbenzene, and xylene which are typical components of gasoline. Lincoln Environmental, Inc. August 27, 1991 Page 41 Properties across North Main Street west of the site are also likely to contain basements which are considered as potential receptors for vapor migration. Private wells are located in proximity to the site area. Further study would be required to determine impact if any the site could pose to these locations. The site lies 2,400 feet southwest of the current Mansfield Water Protection Boundary. It is unlikely the site poses significant risk to this area as groundwater flows to the southwest away from this protection area. Environmental liability could also be incurred if excavation were to occur on the site in proximity to MW-3 during anticipated further site development. Any petroleum impacted soils encountered would have to be treated and/or disposed of in an environmentally sound manner. Lincoln Environmental, Inc. August 27, 1991 Page 42 RECOMMENDATIONS 1. A copy of this report should be forwarded to the Massachusetts Department of Environmental Protection by the owner of the site. 2. Based upon past use of the property as a local distributor, further site testing for acid/base/neutral extractbles could be conducted. 3. Further short term measures consisting of off -site subsurface investigation to the southwest should be conducted to determine vertical and lateral extent of compounds detected. The measures would consist of further monitoring well installation to the southwest. In addition, buried utility elevations should be determined to further evaluate potential migration pathways determination. All future investigation should be conducted in accordance with CMR 40.00 of The Massachusetts Contingency Plan. Lincoln Environmental, Inc. August 27, 1991 Page 43 LIMITATIONS Information was obtained from public agencies and limited site inspection was used to characterize the site. The accuracy of the conclusions derived from this information is based solely on the accuracy of the information reported. Events occurring on the site after July 9, 1991 are beyond the scope of this report. If information becomes available concerning the site which is not included in this report, it should be made available to Lincoln Environmental so that conclusions and or recommendations can be re-examined and modified where applicable. No attempt was made to determine the compliance of present or former owners or operators of the site with federal, state, or municipal environmental or land use laws or regulations. Lincoln Environmental, Inc. has retained a copy of this report. No additions or deletions are permitted without the written consent of Lincoln Environmental, Inc. Use of this report in whole or in part by parties other than those authorized by Lincoln Environmental, Inc. is prohibited.