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.