HomeMy WebLinkAboutNorth Main St. #751 - 5/9/2005May.11. 2005 11:41AM
No.9095 P. 2/4
MITT ROMNEY
Governor
ISERAY HEALEY
uOut0Dant Gowmor
COMMONWEALTU OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROS T
SOUTHEAST REGIONAL OFFICE Y
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-:146•'
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
May 9, 2005
Sasol Notch America RE: MANSFIELD - BWSC
900 Thread Needle St. 751 North Main St.
Houston, Texas 77079 RTN# 4-19055
NOTICE OF RESPONSIBILITY
M-G L e- 21E, 310 CMR 40.0000
ATTENTION: Joe Ledvina
PLY NROYHERZFELDER
Sccrotary
ROBERT W. GOLLEDGE, Jr.
Comnvasioner
On May 1, 2005 at 10:45 am 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. Antimony was detected in a groundwater
sample at a concentration of 320 parts per billion. It was also noted that this contaminated groundwater may
discharge to a wetland within 1 year, which is a condition of substantial release migration,
The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L.
c.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 of release and govern 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 Respoimbility, 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 Sasol North America) ate a Potentially Responsible Party (a
"PRP") with liability under M.G.L. c.21E §5, for response action costs. This liability is "strict", meaning
brat 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 §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.
Thla iduvma0on 1% avaaabla In alternate format. Call Donald M. Goma, ADA CooWinator at 617 55&1057. TDD &rvke • 1-800-29e-7207-
DFP an the W"dd Wide Web: h1tp:/7WM.massGGvldep
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MaY,11, 2005 11:41AM
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No-9095 P. 3/4
The Department encourages parties with liabilities -under M.G.L. c.21E to talm 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 peamt and/or annual compliance assurance fees payable under 310 CMR 4.00. Please
refer to M.G.L, c.21E for a complete description of potential liability. For your convenience, a summary of
liability under M.G.L. o.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. The Department 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 the Department, the following response actions were approved as
an hninediate Response Action (IRA):
Continued assessment
ACTIONS REQUIRED
In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification
Form (BWSC-103, attached) be subiitted to the Department within sixty (60) calendar days of May 1,
2005,
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually
perform the necessary response actions at this site. The Department has John Rendall listed as the LSP of
record.
Additional submittals are necessary with regard to this 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 $1,200 be submitted to the Department when a RAO
statement is filled greater than 12b 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 are 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 Downgradieut Property Status. The deadline for either of the
first two submittals for this disposal site is May 1, 2006. 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. c.21E and the
MCP.
May,11, 2005 11:41AM No-9095 P. 4/4
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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 communications regarding this release must reference the
following Release Traokfng Number: 4-19055
Very truly yours,
Richard F. Packard, Chief
Emergency Response / Release
Notif oation.Section
P/DGC/re
Attachments: Release Notification Fort; BWSC-103 and Instructions
Summary of Liability under M.G.L. c.21E
cc: Board of Health
Board of Selectmen
Fire Dept