HomeMy WebLinkAboutCommuter Rail Line - 11/8/2004No:v•15. 2004 2:37PM
No.7431 P. 2/4j
MITT ROMNEY
Governor
I ERRY HEALEY
Lieutenant Governor
COMMONWEALTH OP' MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTALAFFAiRs
DEPARTMENT OF ENVIRONMENTAL PR ��IQjZ
SOUTHEAST REGIONAL OFFICE r Y
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 509-94
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
November 8, 2004
ELLEN ROY HPRZFELDER
Secretary
ROBERT W. GOLLEDGE, Jr.
Commio0ioner
Daniel W. Connery RE: SHARON to SEEKONK - BWSC
Massachusetts Bay Commuter Rail Railroad Tracks
32 Cobble Hill Road Commuter Rail Line'
Somerville, Massachusetts 02143 R. N# 4-18736
NOTICE OF RES.PONS.B.i.LTTX
M.G.L. c. 21E, 310 CMR 40.0000
ATTENTION, Daniel W, Connery
On October 22, 2004 at 2;30 pm the Department of Environmental Protection (the "Department")
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. An estimated 300 to 1000 gallons of
diesel fuel leaked from a fuel filter on a train as it traveled south from Massachusetts to Rhode island. The
extent of the release was not known at the time of notification, however, it was suspected that 10 to 12 miles
of railway was impacted.
The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L.
e.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, require the perfomlance
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 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
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 (as, used in this letter, "you" refers to Massachusetts Bay Commuter Rail) are a Potentially
Responsible Parry (a "PRP") with liability under M.G.L. c.21E §S, 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. 0.21E §S. 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.
This !.formation i, avAbbic in plkrnetC format- Call Donald Mi- Gom.,, AAA Coordinator at 6175S610S7. TDD Service-1400-29"2u7.
DEP on the Wvdd Wide Web: http*JA w .mass.9ov1dsp
t'� Printed on Recycled Paper
Navd b. 2004 2:37PM
No,1431 P. 3/4
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
refs r to M.G.L. e.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 indefuritely but are
governed bylaws 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..
At the thue of oral notification to the Department, the following response actions were approved as
an hnmodiatc Response Action (IRA)!
Continued assessment.
In addition to oral notification, 310 CMR 40,0333 requires that a completed Release Notification
Form BWSC-103, attached) be submitted to the Department within sixty (60) calendar days of October 22,
2004.
You must employ or engage a Licensed Site Professional OP) to manage, supervise or actually
perform the necessary response actions at ills site. The Department has Joe Vitale listed as the LSP of
record..
Additional submittals are necessary with regard to tins notification including, but not limited to, the
filing of a written IRA Plan, IRA Completion Statement and/or a Response Action Outcome (RAO)
statement, The MCP requires that a fee of $1200,00 be submitted to the Departinent 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 pursuant to 310 CMR 40,0420,
Assessment activities, the construction of a fence and/or the posting of signs tyre 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) 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 October 22, 2005. 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- e.21E and the
MCP.
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If you have any questions relative to this Notice, please contact Dan Crafton at the letterhead
address or at (508) 946-2721, All future conununications regarding this releaso must reference the
following Release Tracking Number: 4-18736.
Very truly yours,
ti U �?�C
Richard F. Packard, Chief
1mergency Response / Release
Notification Section
P/DChe
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Attaclunents: Release Notification Form; BWSC-103 and Instructions
Summary of Liability under M.G.L. c.21E
ec: Towns of Sharon, Foxboro, Mansfield, Attleboro, Seekonk
Board of Health
Board of Selectmen
Fire Dept
Kingsley Ndi, Chief
Emergency Response
NERO