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HomeMy WebLinkAboutRte 495/Rest Area - 3/10/2004Mar,15. 2004 11:44AM No.9388 P, 2 COMMONWEALTH OF MASSACHUSETTS - - EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LkKEVILLF,, MA 02347 (508) 9464700 MITT ROMNEY FLLEN ROY HERZFELDER Governor Seuxetary ICERRY HRALEY ROBERT W GOLLEllGE, Jr. Lieutenant GoVei'nor Commimtioner Ceway Express, Incorporated Post Office Box 479 Arnold, Maryland 21012-0479 Gonokh Vulfson 3 Enid Court Potomac, Maryland 20854 March 10, 2004 M ANs� r C LO RE; FEEL D--BWSC RTN: 4-12135 Interstate I-95 North, Rest Area NON-SE-04-3T-201 NOTICE OF NONCOMPLIANCE+ THIS IS AN IMPORTANT NOTICE. FAILURE TO TRICE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Sir or Madam: 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). 'Phe law is implemented through regulations known as the Massachusetts Contingency Plan, 310 CMlt 40.0000 et scq. (the "MCP").. Through the MCP, the Department is currently regulating a release of oil that occurred at the rest area located on Interstate 1-95 North in Mansfield, Massachusetts, The Department was first notified of the release on May 7, 1996. The Department's records indicate that you (as used in this Notice, "you" Collectively refers to Ceway Express, Incorporated and Genokh Vulfson) are a Potentially Responsible Party ("PRP") for this release. This Notice is provided to inform you that you are mot 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 1 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 actions) you must complete to return to compliance. Additionally, there is a prescribed deadline for your completion of the action(s). This information Is ivahiLlp in ahornate formaL 0a11 Debra Doherty, ADA C,doedioator at 1-617.556-1171. TDD Service-1.800-298-2207. DEP on the Wodd Wide Web; htlp:!/www.mass.gov/dep N _. Mar,16. 2004 11:44AM No.9388 P. 3 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 frill 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, Atbtelunent 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 Laura Stanley, at the letterhead address or by telephone at (508) 946-2880. All future communications regarding this matter must reference Release Tracking Number 4-12135. Veiy truly yow:s, �- \1 I" o athan E. IIobill, Regional Engineer eau of Wasto Site Cleanup H/LS/1T 4.12135 nonresponder (roadspill)-NON.doo Attachments: Attachment 1: Noncompliance Summary Sheet Attachment 2: Supplemental Information Regarding this Notice of Noncompliance CERTIFIED MAIL # 7003 3110 0001 4360 6247 (Ceway Express, Inc,) CMUIFIED MAIL # 7003 3110 00014360 6254 (Genokh Vulfson) fct Mansfield Board of Selectmen Mansfield Board of Health (508) 261-1083 cc: DEP-SERO Attn: Regional Enforcement Office (2 Copies) Attn: Data lsntry/File Mar,15. 2004 11:45AM No,9388 P. 4 ATTACEMENT 1 NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY PINTITY/POTENTM LLY RESPONSIBLE PARTY IN NONCOMPLIANCE; Ceway Express, Incorporated Post Office Box 479 Arnold, :Maryland 2101.2-0479 Genokh Vulfson 3 Enid Court Potomac, Maryland 20854 LOCATION WHEILE NONCOMPLIANCE OCCURRED OR WAS OBSF..RWD; RTN 4-12135 Interstate 1-95 North, Rest Area Mansfield, Massachusetts )DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: i. May 8, 1997 2. July 7, 1996 3. July 7, 1996 4. September 6,1996 DESCRUTTON OF ACTIVITY OR CONDITION RESULTING IN NONCOMPLIANCE; 1. You have not submitted a Response Action Outcome (RAO) Statement, a Tier Classification Submittal Package or a 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 ndtifrcation that a release of oil and/or hazardous material has occurred, as is required by 310 CMR 40„0501(3), 2. You failed to submit a Release Notification Form (RNF) to the Department as required by 310 CMR 40„0333 and 40.01M. 3. You failed to submit pn Immediate Response Action (IRA) Plan to the Department as required by 310 CMR 40.0420(7). 4. You failed to submit an IRA Status Report to the Department as required by 310 CMR 40.0425(1) DRSCRLPTION OF REQITMEMENT NOT COMPLIED WTTITp 1. Pursuant to 310 CMR 40.0501(3), except where a site has filed an RAO Statement or a Downgradient- Property Status Submittal, all sites for whiob the Dopartment 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, or has discovered or discovers that a release or threat of release of oil and/or hazardous material has occurred, shall be olassified as either a Tier I or 1 ier 11 disposal site in a000rdance with 310 C'MR Mar,15. 2004 11:45AM No•9388 P. 5 40.0500. A Tier Classification Submittal Package and, if applicable, a Tier i Permit application, shall be submitted to the Department within one (1) year of the earliest date computed in accordance with 310 CMR 40.0404(3)_ 2. Pursuant to 310 CMR 40.0333 and 40.03M, persons described in 310 CMR 40.0331(1) shall submit to the Department a completed RNF within the earliest of the following dat= (a) Within sixty (60) days of notifying the Department of the release or a threat of release condition, or, (b) Within sixty (60) days of your receipt of a Notice of Responsibility (NOR) from the Department.. 3. Pursuant to 310 CMR 40.0420(7), except as provided in 310 CMR 40.0420(8), an IRA Plan shall be submitted to the Department within sixty (60) days of providing oral notification to the Department of a 2 or 72 hour release as specified in 310 CMR 40..0311 through 40,0314... 4. Pursuant to 310 CMR 40.0425(1), unless otherwise specified in writing by the Department, a person shall submit a written IRA Status Report to the Department one hundred and twenty (120) days after the date on which that person first communicated his or her intention to conduct an IRA. Following submission of the first such Status Report, additional Status Reports shall be submitted to the Department every six (6) months thereafter purstant to 310 CMR, 40.0425(2), until such time as an IRA Completion Report is submitted to the Department pursuant to 310 CMR 40,0427. DD+ SCRITTION AND DEADLINES OF ACTIONS TO BE TAKEN: To avoid imposition of a Civil Administrative Penalty in excess of $7,000 for violations of the MCP stated herein, you must complete the following action(s) within thirty (30) days of your receipt of this NON: 1. Submit to the Department either an RAO Statement, a Downgradient Property Status Submittal, or a Tier Classification Submittal Package with, if necessary, a completed Tier I Initial Permit Application, 2. Submit to the Department an RNR 3. Submit to the Department an IRA Plan. An i.RA Completion Report may be submitted to the Department in lieu of the IRA Platt if the IRA has been completed. 4, Submit to the Department an IRA Status Report. An IRA Completion Report may be submitted to the Department in lieu of the MA Status Report if the IRA has been completed.. All items must be prepared in fall 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. Mar.15, 2004 11:45AM No•9388 P. 6 A'fTACf1112ENT 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 infornung you that we found you responsible for the release. hu 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,i., Chapter 21E, 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 happens if I fail to comply with or respond to the NON? You have 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-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. 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 MCP. The MCP includes deadlines by which you must oomplete 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 after the 1-year anniversary date of the release, the MCP requires that you submit a Tier I or Tier E Classification Mar,15. 2004 11:45AM No-9388 P. 7 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 olmup documentation required by the MCP.. What do I have to do to comply with the NON? First, all response actions not directly managed by the Department staff must be overseen and directed by it "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 trust 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 http://www„$Ltte,.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 hrunediate 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 doss not become involved in or help mediate billing disputes with insurance companies, cleanup contractors, or LSI's. 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 hear that cleanup firms and LSPs will not send in RAOs and other form 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. Mar -lb. 2004 11:44AM N0,9388 P. 1 COMMONWEALTH OF MASSACHUSETTS _ EXECUTIVE OFFICE OF ENVIRONMENtI'm, AFFAIRS DEPARTMENT OF ENVIRONMENTAL PRO91FICTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 lullTr ROMNEY ELLRN ROY TJPR2'FELDER Governor Secrdtary FERRY HEALEY ROBrRT W COLLEDGE, Jr, T,isutennnt 000,xller Commissioner FAX: (508) 947-6557 ToFax #- (5�( ATTN: b AA . W • From: Roslyn Date: Pages Reiimao Phone; (508) 946-2863 51�1 Please call if you do not receive a full fax or have any questions. Commchts: Please lind£tttaahedletter(s): This inrormnbon is nvnilnbio in nlepmnip farmnt Orill Dehre Daherty� ADA L'oorvliusloY at 617-293-33G3. TDD ScrvicC-1-804S9S33D7. D[P On the W0174 Wide Web: http://v .Moss.gov/dep Z�fl Printed on Recycled Papof