The URL can be used to link to this page

Home My WebLink AboutChauncy St. #32 - 10/25/2004)Oct,29, 2004 9:06AM No,13H P. 2/4 + COMMONWEALTH OF MASSACHUSETTS EXFCUTIVE OFFICE OF ENVIRONMENTAL AFiwRs DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAREVITAX, MA 02247 508-946-2700 MITT ROMNEY ELLEN R.OY HERZFELDER Governor Seerotary ERRRY HEALEY ROBEWP W. GOLLEDGE, Jr. Lieutenant Governor Commissioner URGENT LEGAL MATTE, R. PROMPT ACTION NECESSARY October 25, 2004 Janco Environmental Services RR MANSFIELD - BWSC 39 Miller Street 32 Chauney Street Rehoboth, Massachusetts 02769 RTN # 4-18725 ATTNI. John Nunes NOTICE OFRESPONSIBITITY M.G.L. c. 2J , 310 CMR 40.0000 A71'ENTIONt Mr. Nunes On October 18, 2004 at 8:00 AM the Department of Environmental Protection (the "Departure&') 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 hydraulic oil was released onto the asphalt surface from a Janco Environmental Services truck. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L, 0.21 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 winediating the release at this properly. 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 Janco Envirotunental Services) are a 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. 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. This information is Available in alternate format Call Donald DI, Co.", ADA Cooelinator at 617-4,963037. TDD Smiw• r.A00.298.2207. DEP an the Wodd Wide Web: hap:/AWW M83s 9QV/dep Printed on Recycled PapW Oct.29. 2004 9:07AM No,1333 P, V4 The Department encourages parties with liabilities under M.G.L, c,21E to take prompt and appropriate actions i» 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.21 E for a complete description of potential liability.. For your convenience, a summary of liability under M.G,L. c.2112 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 neoessary to protect any such claims you may have against third patties.. At the time of notification to the Department, you retained CYN Environmental Services to oversee the following response actions which were approved as an Immediate Response Action (IRA):. • Deployment of absorbcnt/containment materials, • Collection and removal of contaminated media-. • Investigate potential migration of hydraulic oil under the asphalt surface. • All Remediation Waste must be properly stored/tiandled and disposed of within 120 days from the date of generation per 310 CMR 40..0030. ACTIONS 1tEOl1IItED Additional submittals are necessary with regard to this notification including, but not limited to, the filing of a written Immediate Response Action (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 Department 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 arc: actions that are exempt from this approval requirement. -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 18, 2004„ 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) 556-1145 or visiting htto://www.state.ina.us/Isp. At the time of notification you retained Philip McBain of CYN Environmental Services as the LSP to oversee response actions at the site. Unless otherwise provided by the Department, potentially responsible patties ("PRP's") have one year from the initial date of notification to the Department of a release or throat of a release, pursuant to 310 1Oct,29. 2004 9:07AM No.1333 P. 4/4 3 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) a Response Action Outcome Statement or, if applicable, (3) a Downguidient Property Status. The deadline for either of the first two submittals for this disposal site is October 18, 2005. If required by the MCP, a completer] Tier 1 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.21 E and the MCP.. If you have any questions relative to this Notice, please contact Michael Whiteside at the letterhead address or at (508) 946-2704. All future communications regarding this release must reference the following Release Tracking Number! 4-18725.. Very truly yours, Richard F. Packard, Chief Emergency Response/ Release Notification Section P/MCW/bhh NOR 4-18725 Attachments: Release Notification Fomr; BWSC-103 and Instructions Summary of Liability under M.G.L. c21 E Department's guide to hiring a Licensed Site Professional.. fo: Mansfield Fire Department 508-261-9798 CXN Environmental Services ATTN: Philip McBain 781-341-6298 Mansfield Board of Hcalth, Pat Byrnes pbvrnes [t.mans[icldma.com Mansfield Selectmen selectmen@mansfieldma.com cc: William Durgin P.O. Box 1242 Newport, RI 02840 IOct.H. 2004 9:06AM P1o.1333 P. 1/4 COMMONWEALTH OF MASSACSOUSFTTS ExECTTTIVE OFFICE OF .ENVIRONWENTtAL AFFAIRS DEPARTMENT OF ENV11i01\rMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE +' 20 RIVERSIDE DRTVE. LAKEVILLE, ILIA 02,347 506, 946°2700 MITT ROMNEY ELLEN ROY HERD I DRR Govobnor Secretary Ig..P,RY HEALEY ROBERT W" CrOL.T.,EDGE, Jr, Lieutenant Govxrncor Comwissionor FAX COVER SIMET FAX (508) 947.05.57 DATE. .�� O FROM ('...-- rLLLPI�Ic�NE PLLASB, DFT,IVF,R T0: COMPANY NAME- tYycY GQ \YI' cl ADDRESS- ., TELECOPIER NUMBER, TOTAL NUMBF..R OF PAGES:. _. -_ (INCL.T_17>TN(-T COVER PAGE) PLEASE CAJJ, TF YOU DO NOTRECEIVE, A. COMPLETE FAX, REMARKS: This informAlun k evvilvule in Awn,ale fonuat. CaH Donngl AAA. ({gmncA DA f.:annlinvinr u161 i-556-1057 TDD Senico - t-80I79S-2207 DEP on thu Wurld WiUe Web: http://MM.meM anv/dep Qrldmed on Recycled Parser