HomeMy WebLinkAboutChauncy & Forbes Blvd. - 1/26/2005Jan.26. 2005 12:06PM No,8057 P. 2/4
-\ COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02247 508,946-2700
MITT ROMNEY
Governor
BERRY HEALEY
LiotttOnaut Governor
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
January 26, 2005
Mansfield Municipal Electric Depafinent RE: MANSFIELD - BWSC
125 High Street Chauncy & Forbes Blvd..
Mansfield, Massachusetts 02048 RTN# 4-18846
NOTICE Ob KESPONSIBILITY
M.G.L. C. 21 , 310 CMR 40,0000
AITENT1W Gary R.13abin, Director
ELLEN ROY HERZFELDER
Seurebay
ROBERT W GOLUEDGE, Jr.
Commissioner
On December 21, 2004 at 11:15 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. Approximately forty gallons
of transformer fluid was released from a pole -top transformer following a motor vehicle accident.
The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L.
c.21 E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000, require the performance
of response actions to prevent harm to health, safely, 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 reniediating the release at
this property. For purposes of Ibis 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 Mansfield Municipal Electric Department) are it Potentially
Responsible Party (a "PRP") with liability under M.G.L. e.21E §5, 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. e.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
existor= of any other liable parties.
Thrr inrormalion is available in alternate IermaL @II Donald M. Coma, ADA Coordinator ail 617.556.1a57. TDD Scrvice- I-SWVS7 22oi-
DEP on the World Wilda Web: hop:/Amv.ma$s.gov/dep
Ga Printed on Recyded Paper
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The Department encourages parties with liabilities under M.G.L, 0.21E 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
refer to M.G.L. c.21E fora complote description of potential liability For your convenience, a summary of
liability undor M.G.L. c.,21 P, 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 Immediate Response Action (IRA)!
Deployment of absorbent/contaiamenl materials.
Excavation and disposal of up to 3 cubic yards of oil 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 Man, IRA Completion Statement and/or a Response Action Outcome (RAO)
statement. The MCI' requires. that a fee of $1,200 be submitted to the Department when an RAO
statement is filed greater than 120 days from the date of initial notification. Specific approval is
required from the Deparnnent.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 CMR 40.0333 requires that a completed Release Notification
Form (DWSG103, attached) be submitted to the Department within sixty (60) calendar days of December
21, 2004„
You must employ or engage a Licensed Site Professional (J SP) to manage, supervise or actually
perform the necessary response actions at this site. The Department has Duff Collins with Woodard &
Curran listed as the LSP of record for this site.
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'fier 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 December 21, 2005, If required bythe MCP, a Completed Tier 1
Permit Application must also accompany a Tier Classification Submittal,.
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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..(X.L. c..21 B and the
MCP.
If you have any questions relative to this Notice, please contact Michael Moran at the letterhead
address or at (508) 946.2855. All future communications regarding this release must reference the
following Release Tracking Numbers 4-18846..
Very truly yours,
Richard F. Packard, Chief
Emergency Response / Release
Notification Section
P/MJM/ /bhh
4-18846.nor
Attachments! Release Notification. Form; BWSC-103and Instructions
Summary of Liability under M.U.L. c.21 E
Department's guide to hiring a Licensed Site Professional.
Board of Health
Board of Selectmen
Fire Dept