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HomeMy WebLinkAboutTransition - 10/11/1994William F. Weld Governor Trudy Coxe Secretary, EOEA Thomas 8. Powers Acting Commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office ccull my 12, 1994 Merrymount Associates RE: MANSFIELD--WSC/SA-4-0955 c/o Federal Deposit Insurance Fmr. Gorham Silver Co. Corp., (successor to 26 Edgewood Street/South Guaranty -First Trust Co.) Main Street, Permit No.82652 1 Research Drive Tier I Classification & P.O. Box 5050 Transition Statement Westborough, Massachusetts 01581 ATTENTION: Peter Nelson Gentlemen: The Massachusetts Department of Environmental Protection (DEP) has redesigned the Waste Site Cleanup Program. The revised Massachusetts Contingency Plan ("MCP") and related fee regulations (310 CMR 4.00) became effective on October 1, 1993. The new MCP (310 CMR 40.0000) includes specific requirements for sites which had been classified as "priority disposal sites" under the 1988 version of the MCP in order for them to make the transition into the redesigned program. (See enclosed Transition Fact Sheet #5 for more information.) This letter is being sent to you regarding the above - referenced site which was previously classified as a "priority disposal site" and listed as such on DEP's August 1993 Transition List of Confirmed Disposal Sites and Locations to Be Investigated, or Addendum thereto. Guaranty -First Trust Company has been previously identified as a "Potential Responsible Party" (PRP) for the above -referenced site with liability under MGL c.21E 55. EXISTING APPROVALS Response actions which received DEP approval prior to October 1, 1993, must continue in accordance with the terms of the approval [see 310 CMR 40.0640(1)(c)]. An LSP may be engaged or employed, but is not required, to oversee response actions previously - approved by DEP. If an LSP is engaged or employed, he or she should be identified to DEP. Once work under existing approvals is complete, all future response actions must be conducted according to the terms of the revised MCP and will require the use of an LSP. 20 Riverside Drive 9 Lakeville, Massachusetts 02347 a FAX (508) 947-6557 a Telephone (508) 946.2700 -2- The above -referenced site has the following approval(s) for response actions: Short Term Measures: (1) A proposal entitled, "Work Plan for Additional Short Term Measure Tasks", prepared by Groundwater Technology, Inc., dated January 5, 1993 was approved by DEP on March 3, 1993. (2) Two (2) proposals entitled, "Short Term Measure Proposal", dated June 28, 1991 and "Short Term Measure Proposal Addendum", dated October 17, 1991 both prepared by Rizzo Associates, Inc. were approved by DEP on October 23, 1991. These approvals are also included in Attachment B(1) of the Transition Statement. These response actions must continue until they are completed. TRANSITION CLASSIFICATION Under the new MCP, sites will be classified as either Tier I or Tier II. All Tier I sites require permits to proceed with assessment and remediation. Sites classified as Tier IA will be managed by a Licensed Site Professional (LSP) under the Department's direct oversight. Tier IB and IC sites will be managed by LSPs and will not receive direct oversight by DEP, but will be subject to DEP audit. The Transition regulations of the new MCP (310 CMR 40.0640), categorically classify all sites which had been listed as "priority disposal sites" as Tier IA sites. The new regulations allow DEP to determine the nature and extent of Departmental oversight required for transition priority disposal sites and, based on the criteria in 310 CMR 40.0730, classify them as Tier IB sites instead of the categorical Tier IA. Using these criteria and existing available information, the Department has determined that the above - referenced site is classified as Tier IB. TRANSITION PERMIT STATEMENT The new MCP does not require submittal of a new permit application for priority disposal sites. Instead, DEP will issue a "Transition Classification and Permit Statement" (Transition Statement) to those with potential liability under MGL c.21E §5 which describes the site's classification and the terms of the transition permit. This Statement, if signed and dated by the PRP, Department. -3- The Transition Statement for the above -referenced site is attached for your review and action. According to 310 CMR 40.0640(3), you must return the Transition Statement to DEP within 120 days of your receipt of this letter indicating whether you (1) accept the terms of the Transition Statement, (2) disagree with DEP's classification of the site, or (3) do not accept the terms of the Transition Statement. These options are as follows: (1) Accept Transition Statement: To accept the terms of the Transition Statement, please sign and date both copies of the Statement at Paragraph 111" and return one copy to this office. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal official and Chairman of the Board of Health.) Annual Compliance Fees for Tier IB will be assessed starting October 1, 1993. The Tier IB Transition Permit is effective upon the Department's receipt of the signed and dated Transition Statement (310 CMR 40.0640(3)(b)l.a]. (2) Disagree with Transition Statement: If you do not agree with the Department's determination that this site should be classified as Tier IB because, in the Opinion of an LSP, the site should be reclassified as IC or Tier II, sign and date both copies of the Statement at Paragraph 112" and return one copy to this office within 120 days. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal official and Chairman of the Board of Health.) In order to change the site's permit category and in order to continue response actions at the subject site, you must obtain a Major Permit Modification from DEP. To do so, you must submit a "Major Permit Modification" application (310 CMR 40.0707), which includes an LSP Tier Classification Opinion, and fee of $1200. This application will then be processed according to the provisions of 310 CMR 40.0700. The appropriate Annual Compliance Fee will be determined pending the outcome of the permit modification. If you wish to conduct assessment activities (such as the sampling of existing monitoring wells, the sampling of surficial soils, and the monitoring of vapors inside buildings) within 120 days in an effort to document a lower Tier Classification for the purposes of filing a Major Permit Modification with DEP, you may do so. However, "intrusive" assessment activities (subsurface investigations involving test pits, new monitoring wells, and soil borings, etc.), will require prior DEP approval, unless they are being done as part of a response action which already has DEP approval. -4- (3) Do Not Accept Transition Statement: If you do not accept this Transition Statement, you must sign and date the Statement at Paragraph 113-A" or 113-B" and return one copy to this office. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and Chairman of the Board of Health.) You must also indicate whether or not you intend to conduct any response actions which were approved by DEP prior to October.1, 1993. If you do not intend to conduct such response actions, you must include an explanation pursuant to 310 CMR 40.0171 and 40.0172. If you do intend to conduct these response actions, you must include a schedule for completing them. Whether or not you intend to complete work previously approved, you must submit a Status Report which includes an LSP Opinion as to whether a Temporary or Permanent Solution has been or will be achieved at the site, and if not, the response actions necessary to do so [310 CMR 40.0640(3)(b)31. Please note that if this site is adjacent to another disposal site where response actions are being conducted, it may be necessary to coordinate your response actions with those being undertaken on the adjacent site. All persons authorized to conduct response actions under a Tier I permit must comply at all times with MGL c. 21E, 310 CMR 40.0000, permit terms and conditions and any other applicable federal, state, and local law. Failure to comply with all applicable requirements shall be cause for the Department to initiate enforcement action, including, without limitation, permit suspension and revocation. If the enclosed Transition Statement is not returned to the Department within 120 days of its receipt, or if the Statement indicates that you do not accept the Transition Permit under paragraph (3) above, the Annual Compliance Fee for Tier IB sites ($2,600) will be assessed, beginning on the day after such Transition Statement is due [310 CMR 40.0640(4)]. In addition, DEP may commence appropriate enforcement actions to ensure that the required response actions for the above -referenced site are initiated and completed in a timely manner. Please note that should there be more than one PRP performing response actions at the above -referenced site, all must sign the Transition Statement and are encouraged to designate a Primary Representative. We recognize that there may be difficulties and confusion during the transition of existing sites from the old MCP to the new MCP. The new MCP, however, offers many incentives and opportunities for streamlined, timely, and efficient cleanups. It -4- is our intent to provide you with as smooth a transition as possible. Should you have any questions about this letter or the Transition Statement, please contact Mark Jablonski at 508-946-2819 or at the above address. Very truly yours, , regg t, Acting Regional Engineer for Waste Site Cleanup H/MJ/rr CERTIFIED MAIL #P337 626 829 RETURN RECEIPT REQUESTED Attachments: Summary of Redesigned Program Fact Sheet on LSPs Transition Fact Sheet #5 310 CMR 40.0730 cc: Textron, Inc. 40 Westminster Street Providence, RI 02903 ATTN: Richard A. McWhirther Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 ATTN: Amos Robinson, Chairman Board of Health Town Hall 50 West Street Mansfield, MA 02048 ATTN: Scott Leite, Agent DEP - SERO ATTN: Andrea Papadopoulos, DRD DEP-SERO ATTN: Data Entry Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Governor Trudy Coxe Secretary, EOEA Thomas B. Powers Acting Commissioner July 12, 1994 Textron, Inc. RE: MANSFIELD-WSC/SA-4-0955 40 Westminster Street Fmr. Gorham Silver Co. Providence, Rhode Island 02903 26 Edgewood Street/South Main Street Permit No. 82652 Tier I Classification and Transition Statement ATTENTION: Richard A. McWhirter Senior Vice President Gentlemen: The Massachusetts Department of Environmental Protection (DEP) has redesigned the Waste Site Cleanup Program. The revised Massachusetts Contingency Plan ("MCP") and related fee regulations (310 CMR 4.00) became effective on October 1, 1993. The new MCP (310 CMR 40.0000) includes specific requirements for sites which had been classified as "priority disposal sites" under the 1988 version of the MCP in order for them to make the transition into the redesigned program. (See enclosed Transition Fact Sheet #5 for more information.) This letter is being sent to you regarding the above - referenced site which was previously classified as a "priority disposal site" and listed as such on DEP's August 1993 Transition List of Confirmed Disposal Sites and Locations to Be Investigated, or Addendum thereto. Textron, Inc. has been previously identified as a "Potential Responsible Party" (PRP) for the above -referenced site with liability under MGL c.21E §5. EXISTING APPROVALS Response actions which received DEP approval prior to October 1, 1993, must continue in accordance with the terms of the approval [see 310 CMR 40.0640(1)(c)3. An LSP may be engaged or employed, but is not required, to oversee response actions previously - approved by DEP. If an LSP is engaged or employed, he or she should be identified to DEP. Once work under existing approvals is complete, all future response actions must be conducted according to the terms of the revised MCP and will require the use of an LSP. 20 Riverside Drive a Lakeville, Massachusetts 02347 a FAX (508) 947.6557 0 Telephone (508) 946.2700 CIA= The above -referenced site has the following approval(s) for response actions: Short Term Measures: (1) A proposal entitled, "Work Plan for Additional Short Term Measure Tasks", prepared by Groundwater Technology, Inc., dated January 5, 1993 was approved by DEP on March 3, 1993. (2) Two (2) proposals entitled, "Short Term Measure Proposal", dated June 28, 1991, and "Short Term Measure Proposal Addendum", dated October 17, 1991, both prepared by Rizzo Associates, Inc., were approved by DEP on October 23, 1991. These approvals are also included in Attachment B(1) of the Transition Statement. These response actions must continue until they are completed. TRANSITION CLASSIFICATION Under the new MCP, sites will be classified as either Tier I or Tier II. All Tier I sites require permits to proceed with assessment and remediation. Sites classified as Tier IA will be managed by a Licensed Site Professional (LSP) under the Department's direct oversight. Tier IB and IC sites will be managed by LSPs and will not receive direct oversight by DEP, but will be subject to DEP audit. The Transition regulations of the new MCP (310 CMR 40.0640), categorically classify all sites which had been listed as "priority disposal sites" as Tier IA sites. The new regulations allow DEP to determine the nature and extent of Departmental oversight required for transition priority disposal sites and, based on the criteria in 310 CMR 40.0730, classify them as Tier IB sites instead of the categorical Tier IA. Using these criteria and existing available information, the Department has determined that the above - referenced site is classified as Tier IB. TRANSITION PERMIT STATEMENT The new MCP does not require submittal of a new permit application for priority disposal sites. Instead, DEP will issue a "Transition Classification and Permit Statement" (Transition Statement) to those with potential liability under MGL c.21E §5 which describes the site's classification and the terms of the transition permit. This Statement if signed and dated by the PRP. Department. -3- The Transition Statement for the above -referenced site is attached for your review and action. According to 310 CMR 40.0640(3), you must return the Transition Statement to DEP within 120 days of your receipt of this letter indicating whether you (1) accept the terms of the Transition Statement, (2) disagree with DEP's classification of the site, or (3) do not accept the terms of the Transition Statement. These options are as follows: (1) Accept Transition Statement: To accept the terms of the Transition Statement, please sign and date both copies of the Statement at Paragraph 111" and return one copy to this office. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and Chairman of the Board of Health.) Annual Compliance Fees for Tier IB will be assessed starting October 1, 1993. The Tier IB Transition Permit is effective upon the Department's receipt of the signed and dated Transition Statement (310 CMR 40.0640(3)(b)l.a). (2) Disagree with Transition Statement: If you do not agree with the Department's determination that this site should be classified as Tier IB because, in the Opinion of an LSP, the site should be reclassified as IC or Tier II, sign and date both copies of the Statement at Paragraph 112" and return one copy to this office within 120 days. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and Chairman of the Board of Health.) In order to change the site's permit category and in order to continue response actions at the subject site, you must obtain a Major Permit Modification from DEP. To do so, you must submit a "Major Permit Modification" application (310 CMR 40.0707), which includes an LSP Tier Classification Opinion, and fee of $1200. This application will then be processed according to the provisions of 310 CMR 40.0700. The appropriate Annual Compliance Fee will be determined pending the outcome of the permit modification. If you wish to conduct assessment activities (such as the sampling of existing monitoring. wells, the sampling of surficial soils, and the monitoring of vapors inside buildings) within 120 days in an effort to document a lower Tier Classification for the purposes of filing a Major Permit Modification with DEP, you may do so. However, "intrusive" assessment activities (subsurface investigations involving test pits, new monitoring wells, and soil borings, etc.), will require prior DEP approval, unless they are being done as part of a response action which already has DEP approval. (3) Do Not Accept Transition Statement: If you do not accept this Transition Statement, you must sign and date the Statement at Paragraph 113-A" or 113-B" and return one copy to this office. (Please also send a copy of one of the signed -4- Transition Statements to the Chief Municipal Official and Chairman of the Board of Health.) You must also indicate whether or not you intend to conduct any response actions which were approved by DEP prior to October 1, 1993. If you do not intend to conduct such response actions, you must include an explanation pursuant to 310 CMR 40.0171 and 40.0172. If you do intend to conduct these response actions, you must include a schedule for completing them. Whether or not you intend to complete work previously approved, you must submit a Status Report which includes an LSP Opinion as to whether a Temporary or Permanent Solution has been or will be achieved at the site, and if not, the response actions necessary to do so (310 CMR 40.0640(3)(b)31. Please note that if this site is adjacent to another disposal site where response actions are being conducted, it may be necessary to coordinate your response actions with those being undertaken on the adjacent site. All persons authorized to conduct response actions under a Tier I permit must comply at all times with MGL c. 21E, 310 CMR 40.0000, permit terms and conditions and any other applicable federal, state, and local law. Failure to comply with all applicable requirements shall be cause for the Department to initiate enforcement action, including, without limitation, permit suspension and revocation. If the enclosed Transition Statement is not returned to the Department within 120 days of its receipt, or if the Statement indicates that you do not accept the Transition Permit under paragraph (3) above, the Annual Compliance Fee for Tier IB sites ($2,600) will be assessed, beginning on the day after such Transition Statement is due [310 CMR 40.0640(4)). In addition, DEP may commence appropriate enforcement actions to ensure that the required response actions for the above -referenced site are initiated and completed in a timely manner. Please note that should there be more than one PRP performing response actions at the above -referenced site, all must sign the Transition Statement and are encouraged to designate a Primary Representative. We recognize that there may be difficulties and confusion during the transition of existing sites from the old MCP to the new MCP. The new MCP, however, offers many incentives and opportunities for streamlined, timely, and efficient cleanups. It is our intent to provide you with as smooth a transition as possible. M-M Should you have any questions about this letter or the Transition Statement, please contact Mark Jablonski at 508-946-2819 or at the above address. V ry truly yours, Gregg Hunt, Acting Regional Engineer for Waste Site Cleanup H/MJ/rr CERTIFIED MAIL #P337 626 812 RETURN RECEIPT REQUESTED Attachments: Summary of Redesigned Program Fact Sheet on LSPs Transition Fact Sheet #5 310 CMR 40.0730 cc: Merrymount Associates c/o Federal Deposit Insurance Corp. (successor to Guaranty -First Trust Company) 1 Research Drive PO Box 5050 Westborough, MA 01581 ATTN: Peter Nelson Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 ATTN: Amos Robinson, Chairman Board of Health Town Hall 50 West Street Mansfield, MA 02048 ATTN: Scott Leite, Agent DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director DEP - SERO ATTN: Data Entry Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F. Weld Governor Trudy Coxe r i 1 Secretary, EGEA o Pdwer; <tirt Co nlsaloner Cherokee -Mansfield, LP 702 Oberlin Road Raleigh, North Carolina 27605 ATTENTION: Mr. Glenn Howell Gentlemen: December 20, 1994 RE: MANSFIELD--WSC/SA-4-0955 Former Gorman Silver Co. 26 Edgewood/340 N. Main St. Permit No. 82652 Notice of Responsibility/ Tier I Classification and Transition Statement The Massachusetts Department of Environmental Protection (DEP) has redesigned the Waste Site Cleanup Program. The revised Massachusetts Contingency Plan ("MCP") and related fee regulations (310 CMR 4.00) became effective on October 1, 1993. The new MCP (310 CMR 40.0000) includes specific requirements for sites which had been classified as "priority disposal sites" under the 1988 version of the MCP in order for them to make the transition into the redesigned program. (See enclosed Transition Fact Sheet #5 for more information.) This letter is being sent to you regarding the above - referenced site which was previously classified as a "priority disposal site" and listed as such on DEP's August 1993 Transition or Addendum thereto. STATUTORY LIABILITIES The Department has reason to believe that you (as used in this letter, "you" refers to Cherokee -Mansfield, Limited Partnership 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 or threat of release of oil and/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 20 Riverside Drive a Lakeville, Massachusetts 02347 9 FAX (508) 947.6557 0 Telephone (508) 946-2700 -2- site from which there is or has been a release or threat of release of such material; and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site. This liability is "str:i.c:t," 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 MCP requires responsible parties to take necessary response actions at properties where there is or has been a release and/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 to performed the work. By taking such actions, you can avoid liability for response action costs incurred by the Department 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 its 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: Cost Recovery.) 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, § 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. EXISTING APPROVALS Response actions which received DEP approval prior to October 1, 1993, must continue in accordance with the terms of the approval [see 310 CMR 40.0640(1)(c)]. An LSP may be engaged or employed, but is not required, to oversee response actions previously- -3- approved by DEP. If an LSP is engaged or employed, he or she should be identified to DEP. Once work under existing approvals is complete, all future response actions must be conducted according to the terms of the revised MCP and will require the use of an LSP. The above -referenced site has the following approval(s) for response actions: (1) A proposal entitled, "Work Plan for Additional Short Term Measure Tasks", prepared by Groundwater Technology, Inc., dated January 5, 1993, was approved by DEP on March 3, 1993. (2) Two (2) proposals entitled, "Short Term Measure Proposal", dated June 28, 1991, and "Short Term Measure Proposal Addendum", dated October 17, 1991, both prepared by Rizzo Associates, Inc. were approved by DEP on October 23, 1991. These approvals are also included in Attachment B(1) of the Transition Statement. These response actions must continue until they are completed. TRANSITION CLASSIFICATION Under the new MCP, sites will be classified as either Tier I or Tier II. All Tier I sites require permits to proceed with assessment and remediation. Sites classified as Tier IA will be managed by a Licensed Site Professional (LSP) under the Department's direct oversight. Tier IB and IC sites will be managed by LSPs and will not receive direct oversight by DEP, but will be subject to DEP audit. The Transition regulations of the new MCP (310 CMR 40.0640), categorically classify all sites which had been listed as "priority disposal sites" as Tier IA sites. The new regulations allow DEP to determine the nature and extent of Departmental oversight required for transition priority disposal sites and, based on the criteria in 310 CMR 40.0730, classify them as Tier IB sites instead of the categorical Tier IA. Using these criteria and existing available information, the Department has determined that the above - referenced site is classified as Tier IB. TRANSITION PERMIT STATEMENT The new MCP does not require submittal of a new permit application for priority disposal sites. Instead, DEP will issue a "Transition Classification and Permit Statement" (Transition Statement) to those with potential liability under MGL c.21E §5 which describes the site's classification and the terms of the transition permit. This Statement if signed and dated by the PRP: Department. -4- The Transition Statement for the above -referenced site is attached for your review and action. According to 310 CMR 40.0640(3), you must return the Transition Statement to DEP within 120 days of your receipt of this letter indicating whether you (1) accept the terms of the Transition Statement, (2) disagree with DEP's classification of the site, or (3) do not accept the terms of the Transition Statement. These options are as follows: (1) Accept Transition Statement: To accept the terms of the Transition Statement, please sign and date both copies of the Statement at Paragraph 111" and return one copy to this office. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and Chairman of the Board of Health.) Annual Compliance Fees for Tier IB will be assessed starting October 1, 1993. The Tier IB Transition Permit is effective upon the Department's receipt of the signed and dated Transition Statement [310 CMR 40.0640(3)(b)l.a]. (2) Disagree with Transition Statement: If you do not agree with the Department's determination that this site should be classified as Tier IB because, in the Opinion of an LSP, the site should be reclassified as IC or Tier II, sign and date both copies of the Statement at Paragraph 112" and return one copy to this office within 120 days. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and Chairman of the Board of Health.) In order to change the site's permit category and in order to continue response actions at the subject site, you must obtain a Major Permit Modification from DEP. To do so, you must submit a "Major Permit Modification" application (310 CMR 40.0707), which includes an LSP Tier Classification Opinion, and fee of $1200. This application will then be processed according to the provisions of 310 CMR 40.0700. The appropriate Annual Compliance Fee will be determined pending the outcome of the permit modification. If you wish to conduct assessment activities (such as the sampling of existing monitoring wells, the sampling of surficial soils, and the monitoring of vapors inside buildings) within 120 days in an effort to document a lower Tier Classification for the purposes of filing a Major Permit Modification with DEP, you may do so. However, "intrusive" assessment activities (subsurface investigations involving test pits, new monitoring wells, and soil borings, etc.), will require prior -5- DEP approval, unless they are being done as part of a response action which already has DEP approval. (3) Do Not Accept Transition Statement: If you do not accept this Transition Statement, you must sign and date the Statement at Paragraph 113-A" or 113-B" and return one copy to this office. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and Chairman of the Board of Health.) You must also indicate whether or not you intend to conduct any response actions which were approved by DEP prior to October 1, 1993. If you do not intend to conduct such response actions, you must include an explanation pursuant to 310 CMR 40.0171 and 40.0172. If you do intend to conduct these response actions, you must include a schedule for completing them. Whether or not you intend to complete work previously approved, you must submit a Status Report which includes an LSP Opinion as to whether a Temporary or Permanent Solution has been or will be achieved at the site, and if not, the response actions necessary to do so (310 CMR 40.0640(3)(b)3]. Please note that if this site is adjacent to another disposal site where response actions are being conducted, it may be necessary to coordinate your response actions with those being undertaken on the adjacent site. All persons authorized to conduct response actions under a Tier I permit must comply at all times with MGL c. 21E, 310 CMR 40.0000, permit terms and conditions and any other applicable federal, state, and local law. Failure to comply with all applicable requirements shall be cause for the Department to initiate enforcement action, including, without limitation, permit suspension and revocation. If the enclosed Transition Statement is not returned to the Department within 120 days of its receipt, or if the Statement indicates that you do not accept the Transition Permit under paragraph (3) above, the Annual Compliance Fee for Tier IB sites ($2,600) will be assessed, beginning on the day after such Transition Statement is due [310 CMR 40.0640(4)]. In addition, DEP may commence appropriate enforcement actions to ensure that the required response actions for the above -referenced site are initiated and completed in a timely manner. Please note that should there be more than one PRP performing response actions at the above -referenced site, all must sign the Transition Statement and are encouraged to designate a Primary Representative. 20 We recognize that there may be difficulties and confusion during the transition of existing sites from the old MCP to the new MCP. The new MCP, however, offers many incentives and opportunities for streamlined, timely, and efficient cleanups. It is our intent to provide you with as smooth a transition as possible. Should you have any questions about this letter or the Transition Statement, please contact Mark Jablonski at 508-946-2819 or at the above address. r truly yours, n han l , Acting Chief S to Management and Permits ction H/MJ/jt CERTIFIED MAIL NO: P656 836 036 RETURN RECEIPT REQUESTED Attachments: Summary of Redesigned Program Fact Sheet on LSPs Transition Fact Sheet #5 310 CMR 40.0730 cc: Board of Selectmen Town Hall 50 West Street Mansfield, MA 02048 ATTN: Amos Robinson, Chairman Board of Health Town Hall 50 West Street Mansfield, 14A 02048 ATTN: Henry Austin, Chairman DEP - Boston - BWSC ATTN: Madeline Snow DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director DEP - SERO ATTN: Data Entry