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HomeMy WebLinkAboutHampshire St. #31 - 12/8/2004Dec. 8. 2004 3:36PM No,2783 P. 2/12 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL.A.FFAIRS. DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKE, VILLE, MA 02347 508-946-2700 MITT ROMNEY ELLEN ROY HER7PELnFR Governor Secretary ITRRV II1:A.LEY ROBERT W. GOLLEDGE, Jr. Lieutenant Governor Commissioner December S, 2004 Mr, Paul Matterese RE: MANSFIELD--BWSC AMTS Airfreight Trucking RTN: 4-17936 32 Railroad Sheet Hampshire Street Industrial Park Revere, Massachusetts 02151 31 Hampshire Road NON-SE-04-3T-076 NOTICE OF NONCOMPLIANCT THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Mr. Mattcrew The Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Dcpartinent"), is tasked with ensuring the permanent cleanup of oil and hazardous material releases pursuant to Massachusetts General Law Chapter 21E ("Chapter 21E" ). The law is implemented through regulations known as the Massachusetts Contingency Plan, 310 CMR 40M000 et seq. (the "MCP"). Through the MCP, the Department is currently regulating a release of oil that has occurred at 31 Hampshire Road, Mansfield, Massachusetts. The Department was first notified of the release on August 1, 2003„ The Department's records indicate that you (as used in this Notice, "you" collectively refers to AMTS Airfreight Trucking) are a Potentially Responsible Party ("PRP") for this release. This Notice is provided to inform you that you are not in compliance with the MCP. The Department has no record of your completing the response actions required by the MCP to address this release. Attachment A of this Notice is a Noncompliance Summary sheet that outlines the provisions of the MCP that you have not complied with, Contained within the Noncompliance Summary are the necessary action(s) you must complete to return to compliance. Additionally, there is a prescribed deadline for your completion of the action(s). This information is available in alternate format. Call Donald M, Comes, ADA COOrdinater at $17-5561057, TDD Service-1-500-19&2207. DEP on the World Wide Wet): tdtp:/tWWW.lnass.gov/dep 0 Printed on Recycled Paper Dec 8, 2004 3:36PM No•2783 P. 3/12 Page 2 The Department may assess a Civil Administrative Penalty potentially in excess of V,000 if you continue to be in noncompliance with the violatinu(s) cited herein. Notwithstanding this Notice of Noncompliance ("NON"), the Department reserves the right to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court -imposed civil penalties, or administrative penalties assessed by the Department. Finally, Attachment 2 of this Notice is a fact sheet containing supplemental information regarding this NON. If you have any questions regarding this matter, or if you would like to discuss compliance with this Notice, please contact John Handrahan, at the letterhead address or by telephone at (508) 946-2883. All future communications regarding this matter must reference Release Tracking Number 4-17936, Very truly yours, , n J a i E. Hobill, Regional Engineer B re u of Waste Site Cleanup HlJH/rr I?nfurccurcndEnforcemenl Letters\17936.1d.noa 76 Attachments: Attachment 1: Noncompliance Summary Sheet Attachment 2: Supplemental Information Regarding this Notice of Noncompliance CERTIFIED MAIL 7003 3110 0001 4363 2130 fct Board of Selectmen Board of Health DEP-SERO Attn: Regional Enforoement Office (2 Copies) Attn: Data Entry Dec. 8. 2004 3:36PM No.2783 P. 4/12 ATTACHMENT NOTICE OF NONCOAiPLTANCi• NONCOWLIANCE SUMMARY ENITMPOTENTIALLY RESPONSIBLE PARTY IN NONCOMPLIANCE: AMTS Airfreight Trucking 32 Railroad Street Revere, Massachusetts 02151 LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 4-17936 Hampshire Street Industrial Park 31 Hampshire Road Mansfield DATEN WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: August 9, 2004 October 1, 2003 October 1, 2003 DESCRII'TION OF ACTIVITY OR CONDMON RESULTING IN NONCOMPLIANCE: 1.. You have not submitted a Response Action Outcome (RAO) Statement, Tier Classification Submittal or Downgradient Property Status Submittal to the Department.. One of the above referenced documents is required to be submitted to the Department within 1 year of notification that a release of oil and/or hazardous material has occurred, as is required by 310 CMR 40.0501(3)„ 2. You have failed to submit a Release Notification Form (RNF) to the Department as required by 310 CMR 40,.0333 and 40.0336,. 3„ You failed to submit an Immediate Response Action Plan to the Department as required by 310 CMR 40.04520(7). DESCRIPTION OF REQUME, MENT NOT COWLTF.D WITH: Pursuant to 310 CMR 40.0501(3), except where a site has tiled a Response Action Outcome (RAO) or a Downgradient Property Status Submittal, all sites for which the Department receives notification of a release or threat of release of oil and/or hazardous material pursuant to 310 CMR 40.0300 on or after October 1, 1993, shall be classified as either a Tier I or Tier it disposal site in accordance with 310 CMR 40,0500. A Tier Classification submittal and, if applicable, a Tier I Pormit application, Shall be submitted to the Department within one year of the earliest date computed in accordance with 310 CMR 40„0404(3). 2. Pursuant to 310 CMR 40MI3, and 40,0336, persons described in 310 CMR 40.033](1) shall submit to the Department a completed Release Notification Form within the earliest of the following dates: a) within sixty (60) days of your notifying the Department of the release condition, or, Dec. 8, 2004 N PM No,2783 P. 5/12 b) within sixty (60) days of your receipt of a Notice of Responsibility (NOR) from the Department. 3. Pursuant to 310 CMR 40.420(7), an Immediate Response Action Plan shall be submitted to the Department within 60 days of providing oral notification to the Department of a'2 Hour' or'72 Hour' Release. You failed to submit an Immediate Response Action Plan to the Department as required by 310 CMR 40.04520(7). DESCRIPTION AND DEADLINES OF ACTIONS TO BE TAKEN: To avoid imposition of a Civil Administrative Penalty in the amount of $7,000 for violations of the MCP, you must complete the following action(s) within thirty (30) days of your receipt of this NON: 1. Submit to the Department either a Response Action Outcome Statement, Downgradient Property Status Statement, or a Tier Classifcation with, if necessary, a completed Tier I Initial Permit Application, 2. Submit to the Department a completed Release Notififrcation Form. 3,. Submit to the Department a completed Immediate Response Action (1RA) Plan. An IRA Plan is not required if the IRA has been completed; in that case, you must submit to the Department an IRA Completion Statement. All items must be prepared in fill accordance with the MCP. Notwithstanding this NON, the Department reserves the right to exercise the full extent of its legal authority to obtain full compliance with all applicable requirements, including but not limited to, criminal prosecution, civil action including court -imposed civil penalties, and Civil Administrative Penalties issued by the Department. Dec. 8. 2004 3:36PM No-2783 P. 6/12 ATTACHMENT2; SUPPLEMENTAL INFORMATION REGARDING THIS NOTICE OF NONCOMPLIANCE This attachment further explains why this Notice of Noncompliance (NON) has been issued to you.. Whv was I issued this NON? The Department's records indicate that you have not submitted one or more of the documents listed in the attached NON. This NON was issued to inform you of this fact and offer you an opportunity to come back into compliance by submitting the missing information to the Department by the deadlines specified in the NON. You are listed in the Department's records as the person who is responsible for cleaning up the release cited in the attached NON. For example, at the time you or another party notified the Department that the release occurred, you either informed the Department that you accepted responsibility for the cleanup or you were sent a "Notice of Responsibility" (NOR) by the Department informing you that we found you responsible for the release. In either case, the Department has reason to believe that you are an owner, operator, generator, transporter, disposer, or person who otherwise caused the release or threat of release of oil and/or hazardous materials cited in the attached NON. This means that, under Section 5 of M.G.L. Chapter 21 E, you are a Potentially Responsible Party (PRP) and liable for response action costs associated with the release. As a PRP, you are required to conduct and complete certain response actions outlined in the MCP to clean up the release of oil and/or hazardous materials expeditiously_ What hathens if if fail to comply with or respond to the NON? You have thirty (30) days from the date you receive the NON to comply. If you fail to comply, you will be assessed a penalty by the Department,. Your total penalty exposure cap be considerable. For example, penalties can be assessed for each day you remain in noncompliance. Note that the Department is allowed by law to back calculate daily penalties to begin on the date you received the NON. You can be penalized thousands of dollars should you fail to comply with or respond to the NON by the 30-day deadline. Please refer to the Civil Administrative Penalty Statute, Chapter 21A, Section 16 and 310 CMR 5.00, the Civil Administrative Penalty Regulations, for complete details on the Administrative Penalty rules, When the cleanup contractor finished the work in the field. I thou¢ht my dealinr<s with the Department were finished. What more do I have to do? This is a common question asked when a NON is received. PRPs often think their dealings with the Department are over when, for example, the fieldwork is completed by a cleanup contractor, Examples of this type of fieldwork include cleaning up a spill from a saddle tank leak on it roadway, or removing contaminated soil from a tank grave during a tank replacement or oil -contaminated debris from a storage tank after a tire. The fieldwork may be complete, but you still must submit some paperwork to the Department to prove that the cleanup was undertaken in compliance with the MCP. The MCP includes deadlines by which you must complete response actions and submit information about those response actions to the Department. We track the progress of cleanups by checking to see if you are sending information about your cleanup progress to the Department on time. For example, if we do not receive a Response Action Outcome Statement (RAO) before the 1-year anniversary date of the release, we must assume that the environmental cleanup bas not been completed. For work to continue after the I -year anniversary date of the release, the MCP requires that you submit a Tier I or Tier 11 Classification Dec, 8. 2004 3:37PM No•2183 P. 7/12 M MITT ROMNEY Governor KERRY HEALEY Liemtennnt Cxrvernor COMMONWEALTH OF MASSACHUSETTS EXECUTivE OFFICE OF RNtrIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LA KEVI LLE, KA 02347 508-946-2700 December 8, 2004 ELLEN ROY TIP.RZFELDER Secretary ROBERT W. 001A ;DGE, Jr. Commissioner Ms, Anita Albano RR- MANSFIELD- BWSC AMTS Airfreight Trucking RTN, 4-17936 32 Railroad Street Ihlampshire Street Industrial Park Revere, Massachusetts 02151 31 Hampshire Road NON-SE-04.3T-075 NOTICE OF NONCOMPLIANCE T141S IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION W RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Ms, Albano;, 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 21E ("Chapter 210), 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 31 Hampshire Road, Mansfield, Massachusetts, The Department was first notified of the rcieasc on August 1, 2003- The Deparhnent's records indicate that you (as used in [his Notice, "you" collectively refers to AMTS Airfroight Trucking) are a Potentially Responsible Party ("PRP") for this release.. This Notice is provided to inform you that you are trot in compliance with the MCP, The Department has no record of your completing the response actions required by the MCP to address this release.. Attachment A of this Notice is a Noncompliance Summary sheet that outlines the provisions of the MCP that you have not complied with. Contained within the Noncompliance Summary are the necessary action(s) you must complete to return to compliance. Additionally, there is a prescribed deadline for your completion of the action(s), nas iafoenm0ears available it, alternate fonuat Call Donald hi. Goatei, ADA Coordinator at 617-556-1057, TDD Service- I-SW-298-2207. DEP on the World Wide Web: hltp://w .ma&t.gov/dtp 0 Printed on Recycled Paper Dec. 8. 2004 3:37PM No,2783 P. 8/12 Page 2 The Department may assess a Civil Administrative Penalty potentially in excess of $7,000 if you continue to be in noncompliance with the violation(s) cited herein. Notwithstanding this Notice of Noncompliance ("NON'), the Department reserves the right to exercise the full extent of its legal authority in order to obtain fill compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court -imposed civil penalties, or administrative penalties assessed by the Department. flinally, Attachment 2 of this Notice is a fact sheet containing supplemental information regarding this NON. If you have any questions regarding this matter, or if you would like to discuss compliance with this Notice, please contact John Handrahan, at the letterhead address or by telephone at (508) 946-2883. All future communications regarding this matter must reference Release Tracking Number 4-17936, very truly yours, �_. \Aa n an R Hobill, Regional Engineer B r an of Waste Site Cleanup II/JI-I/n- Enforcement\Enforcement Letters\17936Ad-non.75 Attachments: Attachment I: Noncompliance Summary Sheet Attachment 2: Supplemental Information Regarding this Notice of Noncompliance CMIFIED MAIL 7099 3220 0002 0276 6083 foe Board of Selectmen Board of Health DEP-SERO Attn: Regional Enforcement Office (2 Copies) Attn: Data Entry Dec. 8, 2004 3:37PM No,2183 P. 9/12 ATTACHMENT 1 NOTICE, OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY ENTITY/POTENTIATAX RESPONSIBLE PARTY IN NONCOMPLIANCF,: AMTS Airti•eightTrucking 32 Railroad Street Revere, Massachusetts 02151. LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 4-17936 Hampshire Street Industrial Park 31 Hampshire Road Mansfield DATE, (S) WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED; August 9, 2004 October 1, 2003 October 1, 2003 DFSCRIPTION OF ACTIVITY OR CONDITION RESITLTING IN NONCOMPLIANCE: 1. You have not submitted a Response Action Outcome (RAO) Statement, Tier Classification Submittal or Downgradient Property Status submittal to the Department. One of the above referenced documents is required to be submitted to the Department within one (1) year of notification that a release of oil and/or hazardous material has occurred, as is required by 310 CMR 40..0501(3). 2, You have failed to submit a Release Notification Fomi (RNF) to the Department as required by 310 CMR 40,0333 and 40.0336„ 3. You failed to submit an Immediate Response Action Plan to the Department as required by 310 CMR 40.04520(7), DESCRIPTION OF REQUIREMENT NOT COMPLIED WITH: Pursuant to 510 CMR 40,050](3), except where a site has filed a Response Action Outcome (RAO) or a Downgradient Property Status Submittal, all sites for which the Department receives notification of a release or threat of release of oil and/or hazardous material pursuant to 310 CMR 40.0300 on or after October 1, 1993, shall be classified as either a Tier I or Tier IT disposal site in accordance with 310 CMR 40,0500. A Tier Classification submittal and, if applicable, a Tier I Permit application, shall be submitted to the Department within one year of the earliest date computed in accordance with 310 CMR40.0404(3). I Pursuant to 310 CMR 40.0333 and 40,0336, persons described in 310 CMR 40.0331(1) shall submit to the Department a completed Release Notification Form within the earliest of the following dates' a) within sixty (60) days of your notifying the Department of the release condition, or, Dec. 8. 2004 3 31PM No.2783 P- 10/12 b) within sixty (60) days of your receipt of a Notice of Responsibility (NOR) from the Department.. 3„ Pursuant to 310 CMR 40A20(7), an Immediate Response Action Plan shall be submitted to the Department within sixty (60) days of providing oral notification to the Department of a'2 hour' or'72 Hour' Release. You failed to submit an Immediate Response Action Plan to the Department as required by 310 CMR 40..04520(7). DESCRIPTION AND DEADLINES OF ACTIONS TO BE TAKEN: To avoid Imposition of n Civil Administrative Penalty in the amount of S7,000 for violations of the MCP, you must complete the following aetion(s) within thirty (30) days of your receipt of this NON: 1. Submit to the Department either a Response Action Outcome Statement, Downgradient Property Status Statement, or a Tier Classification with, if necessary, a completed Tier I Initial Permit Application. 2. Submit to the Department a completed Release Notifification Form. 3. Submit to the Department a completed immediate Response Action (IRA) Plan. An IRA Plan is not required if the IRA has been completed; in that case, you must submit to the Department an IRA Completion Statement. All items mast be prepared in full accordance with the MCP.. Notwithstanding this NON, the Department reserves the right to exercise the full extent of its legal authority to obtain full compliance with all applicablo requirements, including but not limited to, criminal prosecution, civil action including court -imposed civil penalties, and Civil Administrative Penalties issued by the Department. Dec. 8. 2004 3:37PM No,2183 P. H/12 ATTACHMENT 2: SUPPLEMENTAL INFORMATION REGARDING THIS NOTICE OF NONCOMPLIANCE This attachment further explains why this Notice of Noncompliance (NON) has been issued to you. Why was I issued this NON? The Department's records indicate that you have not submitted one or more of the documents listed in the attached NON. This NON was issued to inform you of this fact and offer you an opportunity to come back into compliance by submitting the missing information to the Department by the deadlines specified in the NON. You are listed in the Department's records as the person who is responsible for cleaning up the release cited in the attached NON. For example, at the time you or another party notified the Department that the release occurred, you either informed the Department that you accepted responsibility for the cleanup or you were sent a "Notice of Responsibility" (NOR) by the Department informing you that we found you responsible for the release. In either case, the Department has reason to believe that you are an owner, operator, generator, transporter, disposer, or person who otherwise caused the release or threat of release of oil and/or hazardous materials cited in the attached NON. This means that, under Section 5 of M.G.L. Chapter 21E, you are a Potentially Responsible Party (PRP) and liable for response action costs associated with the release. As a PRl', you are required to conduct and complete certain response actions outlined in the MCP to clean up the release of oil and/or hazardous materials expeditiously. What happens if I rail to comply with or respond to the NON? You have thirty (30) days from the date you receive the NON to comply. If you fail to comply, you will be assessed a penalty by the Department.. Your total penalty exposure can be considerable. For example, penalties can be assessed for each day you remain in noncompliance. Note that the Department is allowed by law to back calculate daily penalties to begin on the date you received the NON. You can be penalized thousands of dollars should you fail to comply with or respond to the NON by the 30-clay deadline, Please refer to the Civil Administrative Penalty Statute, Chapter 21A, Section 16 and 310 CMR 5.00, the Civil Administrative Penalty Regulations, for complete details on the Administrative Penalty rules,. When the cleanup contractor finished the work in the field. I thouuht my deallues with the Department were finished. What more do I have to do? This is a common question asked when a NON is received. PRPs often think their dealings with the Department are over when, for example, the fieldwork is completed by a cleanup contractor. Examples of this type of fieldwork include cleaning up a spill from a saddle tank leak on a roadway, or removing contaminated soil from a tank grave during a tank replacement or oil -contaminated debris from a storage tank after a fire. The fieldwork may be complete, but you still must submit some paperwork to the Department to prove that the cleanup was undertaken in compliance with the MCR. The MCP includes deadlines by which you must complete response actions and submit information about those response actions to the Department, We track the progress of cleanups by checking to sec if you are sending information about your cleanup progress to the Department on time. For example, if we do not receive a Response Action Outcome Statement (RAO) before the 1-year anniversary date of the release, we must assume that the environmental cleanup has not been completed.. For work to continue alter the 1-year anniversary date of the release, the MCP requires that you submit a Tier I or Tier II Classification Dec. 8. 2004 311PM No,2183 P. 12/12 to the Department. If the Department does not receive either an RAO or Tier Classification by the 1-year anniversary date, we must assume that you are not implementing any cleanup at all. Without your cooperation in obtaining the cleanup information, the Department does not know whether serious environmental problems are being addressed, if work is not being performed, the Department must take action to ensure it happens, On the other hand, you may have finished the cleanup but neglected to forward the cleanup documentation required by the MCP. What do I have to do to comply with the NON? Hirst, all response actions not directly managed by the Department staff must be overseen and directed by a "Licensed Site professional" or LSP. LSPS are licensed by the Commonwealth, and their stamp and signature are required (together with yours) on all but one form you must submit to the Department. If you don't already have the forms and information required for you to comply with this NON, contact the consultant and/or cleanup contractor who worked on your cleanup. If you have not undertaken any cleanup work, contact an LSP immediately. A list of LSPS may be obtained by calling (617) 556-1091 or viewing the list on the Internet at httpr//www.state..ma, us/lsp„ The documents you must submit to the Department require LSP stamp and signature, For example, when a cleanup is completely finished, the MCP requires that you submit a document called a "Response Action Outcome' (RAO) to the Department in which you attest that you have completed the cleanup in accordance with the MCP. If you do not submit an RAO to the Department, the case remains open in the Department's files even if the fieldwork is completely finished. If you received this NON and you think the fieldwork is completely finished, call your cleanup contractor and LSP to find out how to have an RAO prepared and submitted to the Department. If more environmental studies or cleanup are needed (for example, following the initial cleanup of a highway spill or soil contamination found during a tank replacement), you must submit forms describing your plans to continue the work in a timely manner. Again, these forms must contain an LSP's stamp and signature, and be co -signed by you. Depending on the circumstances, the possible submittals are an Immediate Response Action (IRA) Plan, IRA Status Report, IRA Completion Statement, and/or a Tier Classification Submittal and Tier I Permit Application.. You should also be aware that the Department does not become involved in or help mediate billing disputes with insurance companies, cleanup contractors, or LSPS. A common response to a NON is that an insurance company is slow on paying cleanup bills or will not cover various cleanup costs. We also ]tear that cleanup firms and LSPS will not send in RAOs and other forms because their clients have not paid their bills. These matters must be resolved privately by you, You ultimately must comply with the attached NON or be subject to significant penalties from the Department, Feb. 3. 2005 2:15PM No•0579 P. 2/6 COMMONWEALTH OR MASSAC3USETTS EXECUTIVE OFFICE OF ENvIRONMiwTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL P 11.V SOUTHEAST REGIONAL OFFICE r 20 RIVERSIDE DRIVE, LATE EVILLE, MA 02347 608-9 WITT ROMNEY Governor I rRRy T4BAT.EY Lieutenant Governor Mr. Paul Matterese A.M.T.S. Air Freight Trucking, Inc, 32 Railroad Street Revere, Massachusetts 02151 Dear Mr.. Matterese: ELLEN ROY HER7..TTLDER Secretary ROBER,r W- GOLLEDGE, Jr, Commissioner February 3, 2005 RE- MANSFIFLD--BWSC RTN 4-17936 Hampshire Street industrial Park 31 HanrpshircRoad UNILATERAL ADMINISTRATIVE ORDER UAO-SE-05-3T-002 Enclosed is a Unilateral Administrative Order requiring you to conduct activities at the site referenced above. This document is being issued due A.M.T,S, Air Freight Trucking, Inc., faililre to conduct activities as required in the Department's Notice of Noncompliance, dated December 8, 2004. Please contact John Handrahan by calling (508) 946-2883 if you have any questions. ?aary ti yours, r S. Moran %Regional Director MJJTI-llrr Enforcement\Enforcenlent Letters\Upper bevel Enforcement\17936,:uao-cov,doc Enclosures: Original Copy of Unilateral Administrative Order UAO-SE-05-3T-002 CERTIFIED MAIL # 7004 1160 0006 2134 8270 RETURN RECEIPT REQUESTED cc; Mansfield CMO (508) 261-7425 Mansfield BOB (508) 261-7498 ea. (email) DEP-BOSTON This information is available iu alternate format Call Donald M. Gomel, ADA Coordinatur at 617.656-1057. TDD Soviet-1-800-298-2207. oF;P on the Cod Wide Web: httpJNmwep .mass.govfd ` Printed on Ranrnled Paper Feb. 3. 2005 2:i M No,0519 P� 3/6 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION In the Matter of. ) RE: MANSFIELD - B WSC RTN:4-17936 A.M.T.S. Air Freight Trucking, Inc. ) Hampshire Street Industrial Park 32 Railroad Street ) 31 Hampshire Road Revere, Massachusetts 02151 ) M.G.L. c. 2lE and 310 CMR 40.0000 UNILATERAL ADYMUSTRATIVE Federal Employer ORDRR identification Number: 000753181 UAO-SE-05-3T-002 I. THE PARTIES I) 'Die Department of Environmental Protection (tlte "Department") is a duly constituted agency of the Commonwealth of Massachusetts (the "Commonwealth"). The Department maintains a primary office at One Winter Street, Boston, Massachusetts 02108, and a regional office at 20 Riverside Drive, Lakeville, Massachusetts 02347., 2) A.M. f.S. Air Freight Trucking, Inc. (the "Respondent"), operates a Massachusetts corporation with a business address of 32 Railroad Street, Revere, Massachusetts.. The Respondent operates a trucking and delivery company. If. STATEMENT OF PURPOSE 3) This Unilateral Administrative Order (the "Order") is issued to the Respondent because it is in the public interest to proceed promptly with the response actions called for herein. M. STATEMENT OF LAW 4) The Department is charged with the implementation and enforcement of the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, MG.L. o. 21E, as amended, ("M.G.L. c. 21E") and the regulations promulgated thereunder as the Massachusetts Contingency Plan (the "MCP") at 310 C.M.R_ 40.0000•et. seq. . 5) Pursuant to M.G.L. c.. 21E, § 9, whenever it bas reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material, the Department may issue to any person described in M.G,L. c. 21E, § 5 an order requiring such person to conduct an assessment of such release or threat of release. Whenever there is a violation of M.G.L. c. 2111, the Department may also issue to a poison causing or contributing to the violation an order requiring the production or analysis of samples and the production of records, or imposing such restraints of or requiritg such actions by said persons. Feb. 3, 2005 2:16PM No-0579 P. 4/6 Unilateral Administrative Order UAO-SE-05-3T-002 Page 3 Department Regional Office within sixty (60) days of receiving such NOR. 310 CMR 40.0420(7) Requirements. Approvals. and Time Lines for Conducting Immediate Response Actions Except as provided at 310 CUR 40.0420(8), and with. regard 'to whether oral approval was given by the Department to conduct or initiate Immediate Response Actions ("IRAs"), Responsible Parties ("RPs") and other persons conducting response actions shall submit to the Department in IRA Plan, within the earliest of the following time periods' (a) within sixty (60) days of providing oral notification to the Department of those "2 Hour" or "72 I•low" releases or threats of release specified in 310 CMR 40.0311 through 40.0314; (b) within sixty (60) days of orally communicating to the Depattntent knowledge of a condition of Substantial Release Uigratioii at a disposal site; (o) within sixty (60) days of the date that the Department issues a NOR indicating that they are an RP or PRP at a site at which, an Tmmediate Response Action is required pursuant to 310 CM R 40.0412; or (d) within a time period established by the Department as an Interim Deadline in accordance with 310 CMR 40.0167„ 310 CMR 40..0501(3) Scope and Applicability of Tier classification submittals Except as provided in 310 CMR 40..0501(4) or 310 CMR 40.0501(8), all sites for which the Department receives notification of a release or threat of release of oil and /or hazardous material pursuant to 310 CMR 40.0300 on or alter October 1, 1993, or has discovered or discovers that a release or threat of release of oil and/or hazmdons material has occurred, shall be classified as Tier I or Tier If disposal site in accordance with 310 CUR 40.0500. A Tier Classification Submittal and, if applicable, a Tier I Permit application shall be submitted according to the following deadlines: (a) within one year of the earliest date computed in accordance with 310 CMR 40.0404(3), or Feb. 3, 2005 2:16PM No•0519 P. 5/6 Unilateral Administrative Order Page 5 UAO-SE-05-3T-002 23) The Respondent did not comply with the December 9's12003 NON. 24) On August 1, 2004, the Respondent violated 310 C.M.R. 40.0501.(3) by failing to submit either a Tier Classification Submittal or a Response Action Outcome for the Site. 25) On December 8 2004, the Department issued a Notice of Noncompliance, NON-SE-04-3T-076, to the Respondent, pursuant to M.G.L. c. 21A, § 16 and 310 CMR 5.00. The NON cited the Respondent for violating the MCP. The Respondent's violation is described in paragraphs 19, 20, and 24, 26) The NON required the Respondent to perform the following actions within thirty (30) days of receiving the NON: a) Submit to the Department a completed Release Notification Form; b) Submit to the Department an hnmediate Response Action Plan, and; o) Submit to the Department either an RAO statement, DPS submittal, or a Tier Classification submittal.. 27) As of the date of this Order, the Respondent has not submitted a Release Notification Form, an hmmediate Response Action Plan, immediate Response Action Completion Statement, Downgradient Property Status submittal, a Tier Classification, or a Response Action Outcome statement. V. DISPOSITION 28) This Order is issued by the Department pursuant to its authorities under M.G.L. c 2 1 E §§ 9 and 10, the MCP and M..G.L, c. 21A § 16 and 310 CMR 5..00.. 29) Nothing in this Order shall be construed as or operate as, barring, diminishing, adjudicating, or in any way affecting the legal or equitable right of the Department to issue any future Order with respect to the subject matter covered by this Order, or in any way affecting any other claim, action, suit, cause of action, or demand which the Department may initiate, including, but not limited to, the, (i) recovery of costs incurred by the Commonwealth iri oversight, administration and enforcement of this Order, (ii) recovery of any other past or future costs incurred by the Commonwealth in connection with response activities conducted at the Site or related areas arising out of the release or threat of release of oil andlor hazardous material, (iii) recovery of damages to natural resources pursuant to M.G.L. o. 21 E § 5 or 42 U.S.C. § 9601, et. seq., (iv) recovery of damages to the Commonwealth's real or personal property pursuant to M.G.L. c. 21E, Section 5, (v) enforcement of the terms of this Order, (vi) enforcement of past or future noncompliance with any statute or regulation, and/or (vii) the right to seek administrative penalties or take other enforcement action for the violations set forth herein.. 30) Nothing in this Order shall prevent the Department from requiring that the Respondent take additional actions or pay additional fees beyond those required iii this Order in order to comply with all applicable statutes and regulations including, without limitation, the MCP and M.G.L. e. 21E.. Feb. L 2005 2:17PM No,0579 P, 6/6 Unilateral Administrative Order UAO-SE-05-3T-002 Docket Clerk Department of Environmental Protection Box 4062 Boston, Massachusetts 02211 Page 7 by certified mail or hand -delivery within twenty-one (21) days of the date of issuance of this Unilateral Administrative Order. A copy of the request shall be sent by certified mail or hand - delivered simultaneously to: Mr. Jonathan llobill Bureau of Waste Site Cleanup Department of Environmental Protection Southeast Regional Office Bureau of Waste Site Cleanup 20 Riverside Drive Lakeville, Massachusetts, 02347 and the Chief Municipal Officer for the municipality where the disposal site is located. 41) Any request by the Respondent for a hearing on this Unilateral Administrative Order, submitted pursuant to 310 CMR 40,0050, shall state clearly and concisely the facts which are grounds for the proceeding, in what manner the person, in whose name the request is made, is aggrieved and the remedy that is being sought. The appropriate filing fee required under 310 CMR 4..00 shall be sent to the Department in the manner required herein. 42) Pursuant to 310 CMR 40.0050(7), the filing of an appeal of this Unilateral Administrative Order shall not prevent the Department from issuing any future orders or taking any other action the Department reasonably deems necessary to respond to a release or threat of release of oil or hazardous material, including, but not limited to, taking or arranging one or more response actions at the Site. VIH. ADDITIONAL PROVISIONS 43) Pursuant to M.G.L. c. 21 E § 10(a), if Respondent fails to timely file an appeal of this Order, this Order shall be deemed assented to and becomes effective twenty-one (21) days after the date of issuance of this Order. if Respondent appeals the Order, the effective date will be established pursuant to the terms and provisions ofM-G.L. c.. 30A and 310 CMR L00. 44) The Department represents that the Regional Director has the authority to issue this Order on behalf of the Department. 45) The Department may, on its own initiative or upon reasonable documented request from the Respondent, extend any deadline established in Section VI of this Order, by a written amendment hereto. If the Respondent has reason to know that any event has occurred or may occur which could cause delay of performance hereunder, the Respondent shall immediately notify the Department in writing, specifying the cause for the delay. Feb. 3, 2005 2:59PM 11o,0587 P- N COMMONWEALTH OF MASSACHUSETTS V E+ XECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PIR SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 5 MITT ROMNEY ELLEN ROY HERZFELDER Governor SecteLary KERRY RBAIYY ROBERT W. (iOLLEDGE, Jr. Lieutenant Governor Commissionor CERTIFIED MAIL # 7004 1160 0006 2134 8263 RETURN RECEIPT REQUESTED In the Matter of-, A.M.T.-S. Air Freight Trucking, Inc.. 32 Railroad Street Revere, Massachusetts 02151 Federal Employer Identification Nmnber: 000753181 Date of PAN Issuance: February 3, 2005 PAN #: PAN-SE-05-3T-002 Amount: $ 32,236-00 Program ID #: 4-17936 RE' MANSFIELD -BWSC RTN: 4-17936 Hampshire Street Industiial Park 31 Hampshire Street PENALTY ASSESSMENT NOTICE TMS NOTICE IS IMPORTANT„ FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES The Department hereby notifies you of its intent to assess a Civil Administrative Penalty in the amount of $32,236.00 under the authority of the Civil Administrative Penalties Act, M.G.L. C. 21A, § 16, and its regulations at 310 CMR 5.00. The penalty is a result of your failure to comply with 310 CMR 40,0000 (the "MCP"). (Note: As used in this Notice, "you' and `yours" refers to A.M.T.S., Air Freight Trucking, Inc.). A Notice of Noncompliance (NON) was issued to you by certified mail on December 8, 2004. Department records indicate that you received the NON on December 10, 2004. The NON identified violations of the MCP relating to contamination at the site referenced above, and established a deadline by This inform+Hon p nvoilublp in allemale tormar Call Donald M. Games, ADA Coordinator at 617SS610S7. TDD Service-1-800-298-2207. DEP on the Wodd Wide Web: http/hx .mass.gov/dep 0 Pdntad on Reqded Pape/ Feb. 3. 2005 2:59PM No,0581 P. 4/6 Page 2 of 3 r which you wore ,required to perform certain response actions at the site. Among other things, the NON required you to make a Response Action Outcome (RAO), Tier Classification, or Downgradient Property (DPS) submittal to the )Department no later than thirty (30) days from your receipt of the NON,. To date, you have failed to make the required submittal, On January 13, 2005, the Department issued you a Notice of Enforcement Conference indicating that the Department intended to pursue additional enforcement actions against you. The Department invited you to attend a January 25, 2005, enforcement conference in which you could have reached a negotiated settlement with the Department regarding these matters,. You did not attend the enforcement conference_ For your failure to comply with the MCP, the Department is authorized to issue a Civil Administrative Penalty, at a rate of over $1,000 per day bogirun:ung on the date you received the NON. After considering the penalty calculation factors set forth in 31.0 CMR 5.25, the Department has Calculated the penalty at $32,236 AO.. Full payment of the $32,236.00 penalty must be received by the Department no later than twenty-one (21) days from the date of this Penalty Assessment Notice. Payment must be made by cashier's check, certified cheek or money order made payable to the Commonwealth of Massachusetts and must be sent to: Comtonwealth of Massachusetts, Department of Environmental Protection, Commonwealth Master Lockbox, P.O. Box 3982, Boston, MA 02241-3584, along with the attached transmittal form.. In order to insure your payment is correctly applied, please include on your check the PAN number PAN-SE-05-3T-002.. A copy of the check must also be sent to the regional office.. You have a right to appeal this Penalty Assessment Notice, as described in the instructions included with this Notice. if you fail to pay the penalty or to file a timely appeal (see attached appeal instructions for details), the penalty will bocome dual and the Department will proceed to collect tie debt. The debt may be referred either to a collection agency, to the Massachusetts Attorney General's Office for collection or to the Slate Comptrollea's Office for collection and interception of other money due to you from the state. In the event of nonpayment of a final penalty, the Department is entitled to assess and collect pp to three times the amount of the final penalty, plus interest and costs from the time the penalty became final, plus attorney's fees, including fees directly incurred from penalty collection, pursuant to M.,G..L, e.. 21 A, § 16.. Payment of this penalty does not constitute compliance with the MCP_ if you do not make the required submittal immediately, you remain subject to Continued enforcement action by the Department. The issuance of this penalty does not preclude further action, including assessment of additional administrative, civil or criminal penalties deemed necessary by the Department to obtain compliance. if you have any questions about this penalty, please contact John llandrahan at (508) 946-2883. SO ORDERED: DEPARTMENT OF ENVIRONMENTAL PROTECTION 13Y,. DATE• G $. Moran preglonal Director Feb. L 2005 3:OOPM No•0587 P- 5/6 Page 3 of 3 Bureau Contact.. Jonathan E. Hobill, Regional Engineer, Bureau of Waste Site Cleanup 1i/Ji-Urr EnforcomentWofoeceinut Letters\Upper Levcl Enfotccmenl\l7936.pan-doc Attachments' Copy of Notice of Noncompliance Copy of Procedures for Appeal Transmittal Sheet Forms #143 fo' Mansfield CMO (508) 261-7498 Mansfield BOH (508) 261-7425 ec: DEP- Boston Attn: Maria Pinaud, Bureau of Waste Site Cleanup DEP-SER.O Attn: Kevin Kiernan, Assistant Regional Counsel Data Entry cc: Office of Enforcement (2 Copies)