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HomeMy WebLinkAboutRte 140S/495S -Spill- 7/9/2008Jul, 18, 2008 8:36AM MASS 6EP No. 7287 P. 2/4 1b COMMONWEALTH OF MASSACHUSET'TS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PRO SOUTREAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 808-946- DEVAL L. PATRiCK IAN A; BOWLES Governor D 15 Secrotaxy TIMOTHY P,MURS.Av � J11t._>�-'i. 2008 LAURMBURT Lieutenant Governor Commissioner July 9, 2008 Mr. Bob Perry, Fleet Maintenance Manager RE: MANSFIELD - BWSC National Lumber, Inc, Tractor -Trailer Rollover 71 Maple Street Route 140 South at Mansfield, MA 02048 I-495 South RTN# 4.21338 NOTICE 017AEVONSMIUTY M.G,L, a 21E, 310 CUR 40.0000 ATTENTION: Mr. Perry On June 30, 2008 at 1:49 PM the Department of Environmental Protection ("MassDEP") received oral notification of a release and/or threat of release of oil and/or hazardous material at the above referenced property which requires one or more response actions. Approximately 20 gallons of diesel fuel was released following a tractor -trailer rollover accident. The release impacted soil and a paved surface. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M,G.L. o,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 o£release and govem 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 Us 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. MassDEP 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.CT, MAssDEP also has reason to believe that you (as used in this letter, "you" refers to National Lumber, Ins,) are a Potentially Responsible Party (a ?RP") with liability under M.G.L. c,21E §$, 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. MassDEP 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 This WOOVptton is RY04141e i" Atervut , (ofmat CM DOW M, COMM AM Coordinator At 61735&1057. TDDB "6439.7622 of 611-V4-6 i60, DEP on the WMd Wide Wah: MtpJMm .rnaas.06v/dap 0 Printed on Recycled Paper Jul. 18. 2008 8:36AM MASS DEP No.7287 P. 3/4 2 action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by MassDEP in taldng 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.GS.. 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. MassDEP encourages you to take any action necessary to protect any such claims you may have against third parties. At the time of oral notification to MassDEP, the following response actions were approved as an Immediate Response Action (IRA): • Continued assessment. • Deployment of absorbent/containment materials. • Excavation and disposal of up to 20 cubic yards of contaminated soil. • All Remediation Waste must be properly stored/handled and disposed of within 120 days from the date of generation per 310 CMR 40.0030. ACTIONS REQUIRED Additional submittals are necessary with regard to this notification including, but not limited to, the filing of a written IRA Plan, MA Completion Statement and/or a Response Action Outcome (RAO) statement. The MCP requires that a fee of $1,200 be submitted to MassDEP when an RAO statement Is Sled greater than 120 days from the date of initial notification. Specific approval is required from MassDEP for the implementation of all IRAs 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 CUR 40.0333 requires that a completed Release Notification Form (BWSC-103, attached) be submitted to MassDEP within sixty (60) calendar days of June 30, 200& You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at this site. 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 by calling (617) 556-1091 or visiting http://www.state.ma,usllsrz. Unless otherwise provided by MassDEP, potentially responsible parties ("PRP's") have one year from the initial date of notification to MassDEP of a release or threat of a release, pursuant to 310 CMR 40.0300, or from the date MassDEP issues a'Notice of Responsibility, whichever occurs earlier, to file with MassDEP one of the following submittals: (1) a completed Tier Classification Submittal; (2) an RAO Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is June 30, 2009. If required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Submittal. Jul, 18. 2008 8:36AM MASS DER No, 7287 P. 4/4 3 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 ofrelease 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 have any questions relative to this Notice, please contact Andrew L. Jones at the letterhead address or at (508) 946-2785, All future communications regarding this release must reference the following Release Tracking Number: 4-21338. Very truly yours, Daniel Crafton, Acting Chief Emergency Response / Release Notification Section C/ALJ/re P:W-21338-NORdoe Attachments: Release Notification Form;13WSC-103 and Instructions Summary of Liability under M.G.L. c.21E MassDEP's guide to hiring a Licensed Site professional, fc: Board of Health Board of Selectmen ,Fire Dept NORFOLK-RAM ENGINEERING SOLUTIONS FOR THE ENVIRONMENT March 11, 2008 Via US Mail ��� j �71 L; i Mansfield Board of Selectmen "11� M '�f L( n Mansfield Town Hall " 6 Park Row Mansfield, Massachusetts 02401 Re: Response Action Outcome Report & Immediate Response Action Completion Report Off -Ramp (Exit 13B) from 1-495 South onto 1-95 South Mansfield, Massachusetts 02401 RTN 4.20401 Norfolk Ref. No. 1018.10.1 To the Board: On behalf of M & R Transportation, LLC, this letter serves to notify you, as chief municipal officers for the Town of Mansfield, of the completion and availability of a Response Action Outcome Statement'& Immediate Response'Action Completion Report (RAO Report) in connection with remedial actions associated with a release of motor oil and/or diesel fuel from the engine and/orfuel tank of a tractor -trailer truck onto tlie'roadway when it overturned on the off -ramp (exit 13B) leading from 1-495 South onto 1-95 South in Mansfield, Massachusetts. The RAO Report outlines our finding that a condition of no significant risk to human health, public welfare, safety, and the environment exists for all current and foreseeable uses of the property. The report is available for public review at the Commonwealth of Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup (BWSC) Southeast Regional Office in Lakeville, Massachusetts. An appointment to review the document can be made by calling the DEP at (508) 946-2700. This notification is being forwarded to you to comply with the Public Involvement requirements of the Massachusetts Contingency Plan (MCP) 310 CMR 40.0428 and 40.1403(3)(f). If you have any questions regarding this matter, please do not hesitate to contact us. Sincerely: Group, LLC LSP Vertex\1018.10.1 M&R Trans Mansfield\3-08 RAMCMO-BOH Letter.doc Enclosures cc: Town of Mansfield Board of Health,, 6 Park Row, Mansfield, MA 02048 M & R Transportation, LLC, 46 Brad Way Road, Monson, MA 01057 Vertex Environmental Insurance Services, Inc, attn: Greg Steen, 20 Winter Street, Pembroke, MA 02359 ONE ROBERTS ROAD - PLYMOUTH, MASSACHUSETTS 02360 - (608) 747-7900 PHONE - (608) 747-3668 FAX WWW.NORFOLKRAM.COM MOHAWK Wlndpo Wer od, 0eanHarb'o%-r%k Nor ENVIRONMENTAL SERVICES° Clean Harbors Enviromnental Services, Inc. 42 Longwater Drive Norwell, MA 02061-9149 Phone:781-792-5000 Fax: 781-792-5938 www.clearibarbors.coax August 20, 2008 Board of Selectmen 6 Park Row Mansfield, MA 02048 Re: Public Notificatio of Response Action Outcome Statement __ etroleum Release �rlixrt 12_On-Ramp to Route 495 Southbound -Mansfield, Massachusetts 02048 DEP Release Tracking No. 4-21338 Dear Sir/Madam; III AUG 2 2 Z008 On behalf National Lumber, Inc., Clean Harbors Environmental Services, Inc. (CHES) is submitting this notification and the attached copy of the Release Notification Form (RNF) as part of the public involvement process required by the Massachusetts Contingency Plan (MCP, 310 CMR 40.0000). Local officials have the right to request additional public involvement activities under 310 CMR 40.1403 (9). The conclusions of the Response Action Outcome Statement are presented below. On June 30, 2008, a release of an estimated 15 gallons of diesel fuel and an incidental amount of motor oil occurred to the pavement and grassy shoulder on the Exit 12 on -ramp to Route 495 Southbound in Mansfield, Massachusetts. The release resulted from all overturned National Lumber tractor trailer truck. Diesel fuel drained from the vented cap on a fuel tank and impacted an 8-foot by 16-foot section of soil and asphalt pavement measuring 8 feet by 35 feet in area. Additionally, a minimal amount of motor oil was released in the same area as the diesel fuel. The IRA included the deployment of absorbents to the release and removal of approximately 3 cubic yards of petroleum -impacted soil. After the removal of impacted soil from the release area, two soil samples were collected and analyzed for EPH. The results revealed non -detectable levels of EPH, indicating that a level No Significant Risk was achieved, and the site was returned to background conditions. Furthermore, no risk to public safety exists at the site following the response. Based on these results, a Permanent Solution has been achieved for this release, and the requirements for a Class A -I Response Action Outcome have been met. This report is available for review at the Southeast Regional Office of the Massachusetts Department of Environmental Protection (20 Riverside Drive, Lakeville, MA 02347) or by contacting Mr. Robert Perry RTN 4-21338 August 20, 2008 Page 2 of (contact information provided on the attached fora). No action other than the receipt of this letter is necessary by your office. Sincerely, Peter Klausmeyer Field Inspector cc: Board of Heath ` 6 Park Row Mansfield, MA 02048 Project File EO 1975078 Attachrnent: copy of RNF Clean Harbors Environmental Services, hie. LEIMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM 4❑ - 21336 Pursuant to 310 CMR 40.0335 and 310 CMR 40,0371 (Subpart C) A. RELEASE OR THREAT OF RELEASE LOCATION: 1. Release Name/Location Aid: TRACTOR TRAILER ROLLOVER Street Address: IRT 140 SOUTH AT 1-495S City/Town: MANSFIELD 4. ZIP Code: UTM Coordinates: a. UTM N: 4652503 b. UTM E: 316156 B. THIS FORM IS BEING USED TO: (check one) ❑✓ 1. Submit a Release Notification ❑ 2. Submit a Revised Release Notification 3. Submit a Retraction of a Previously Reported Notification of a release or threat of release Including supporting documentation required pursuant to 310 CMR 40.0335 (Section C is not required) (All sections of this transmittal form must be filled out unless otherwise noted above) INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE ITORI: Date and time of Oral Notification, If applicable: 06/30/2008 1 Time: 01:49 ❑ AM Q PM mm/dd/yyyy hh:mm Date and time you obtained knowledge of the Release or TOR: 06/30/2008 Time: 12:45 ❑ AM Q PM mm/dd/yyyy hh:mm Date and time release or TOR occurred, if known: 06130/2008 Time: 12:45 ❑ AM ❑✓ PM mm/ddlyyyy hh:mm eck all Notification Thresholds that apply to the Release or Threat of Release r more information see 310 CMR 40.0310 - 40.0315) 2 HOUR REPORTING CONDITIONS ❑✓ a. Sudden Release ❑ b. Threat of Sudden Release ❑ c. Oil Sheen on Surface Water ❑ d. Poses imminent Hazard ❑e. Could Pose Imminent Hazard ❑ I. Release Detected in Private Well ❑ g. Release to Storm Drain h. Sanitary Sewer Release (imminent Hazard Only) 5. 72 HOUR REPORTING CONDITIONS 6. 120 DAY REPORTING CONDITIONS a. Subsurface Non -Aqueous ❑ Phase Liquid (NAPE) Equal to or Greater than 1121nch ❑ a. Release of Hazardous Material(s) to Soil or Groundwater Exceeding b. Underground Storage Tank Reportable Concentration(s) (UST) Release b. Release of Oil to Soil ❑ c. Threat of UST Release Exceeding Reportable Concentration(s) and Affecting More than 2 Cubic Yards ❑d. Release to Groundwater near Water Supply ❑ c. Release of Oil to Groundwater Exceeding e. Release to Groundwater ❑ near School or Residence Reportable Concentration(s) ❑ I. Substantial Release Migration d. Subsurface Non -Aqueous Phase Liquid (NAPE) Equal to or Greater than 1/8 Inch and Less than 1/21nch Revised: 02110/2006 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 L RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number 4❑ - 21338 RETRACTION FORM Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) --- C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE (TOR): IconO 7. List below the Oils (0) or Hazardous Materials (HM) that exceed their Reportable Concentration (RC) or Reportable Quantity (RQ) by the greatest amount. 0 or HIM Released CAS Number, O or HM Amount or Units RCs Exceeded, If if known Concentration Applicable (RCS-1, RCS-2, RCGW-1, RCGW-2) Diesel Fuel 15.00 GAL I Motor oil �� O� 2.00 GAL F ❑ 8. Check here if a list of additional Oil and Hazardous Materials subject to reporting is attached. D. PERSON REQUIRED TO NOTIFY: 1. Check all that apply: ❑ a. change in contact name ❑ b. change of address © c. change in the person n0tifying 2. Name of Organization: National Lumber Inc. 3. Contact First Name: lRobert 4. Last Name: Perry 5. Street: 71 Maple Street 6. Title: Fleet Maintenance Manager 7. Cityrrown: Mansfield 8. State: MA 9. ZIP Code: 02048-0000 (508) 339-8020 11. Ext.: 12. FAX: 10, Telephone: 13. Check here If attaching names and addresses of owners of properties affected by the Release or Threat of Release, © other than an owner who is submitting this Release Notification (required). E. RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE: © 1. RP or PRP ❑ a. Owner ❑ b, Operator ❑ c. Generator ❑ d. Transporter © e. Other RP or PRP Specify: Truck Owner ❑ 2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21E, S. 2) 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 50)) ❑ 4. Any Other Person Otherwise Required to Notify Specify Relationship: Revised:02/10/2006 �y ' Massachusetts Department of Environmental Protection BWSC103 Bureau of Waste Site Cleanup RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM 4E - 21336 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) CERTIFICATION OF PERSON REQUIRED TO NOTIFY: 1. I Robert Perry , attest under the pains and penalties of perjury (i) that I have personally examined and am familiar with the information contained in this submittal, Including any and all documents accompanying this transmittal form, (II) that, based on my inquiry of those individuals immediately responsible for obtaining the Information, the material Information contained in this submittal Is, to the best of my knowledge and belief, true, accurate and complete, and (III) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or entity on whose behalf this submitt s made am/is aware that there are significant penalties, including, but not limited to, nnsslhles a d rr� tiaeDrlsonme for lllfully submitting false, Inaccurate, or Incomplete Information. By 3. Title: Fleet Maintenance 4. For: National Lumber Inc. 5. Date: (Name of person or entity recorded In Section D) 6. Check here if the address of the person providing certification is different from address recorded in Section D. 7. Street: 8. City/Town: Telephone: 9. Stale; 10. ZIP Code: 12. Ext.: 13. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO $10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE, YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp (DEP USE ONLY:) oonn 1 of 7 Revised: 0211012006 Owner ofPropery Affected by the Release RTNNo.: 4-21338 BWSC-103 Section D (13) Property Owner: Massachusetts Highway Environmental 10 Park Plaza Room 4260 Boston, Massachusetts 02116