HomeMy WebLinkAbout2017 Aug 04 - Letter from DEP Re: Release Tracking #4-0026751, Notice of Responsibility ;
� . Comrnonwealt� of Ma�sachusetts
�xecu�ive Office of Energy &Environ�nenta!Affairs
� _
Department of Environmental Pro�ection
Sautheast Regiona!Uf�ice•20 Riverside Drive, ��ksVllle MA 02347•5E38-946-27QQ
IChartes D.Baker MatEhew A.Bea#on
Governor Secretary
Karyn E.Pofto Martin Suuberg '
Lieutenant Governor Commissioner �
August 4,2017
Mary Jane Peterson Trust RE:SOUTH YARMOUTH-BWSC
Attn:Wifliam Peterson Release Tracking Number:4�26751
3407 Queensbury Way East 11 Parkwood Road
Colleyville,TX 75�34000U NOTICf QF RESPONSIBILITY
URGENT LEGAL MATfER:PROMPT ACTIOl�NECESSARY
Dear William Peterson:
On 1uly 6, 2017 the Department of Environmental Protection ("MassDEP"} received a 12elease
Notification Form ("RNF")which indicates that a retease of oi! and/or hazardous material has occurred at
the location referenced abo►re. �
The Massachusetts Oil and Hazardous Material Release Pre�ention and Response Act,M.G.L.c.21E,
and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.00OQ, 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 reiease anc� govern the conduct of such actions. The purpose of this
notioe 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 Responsibility,the terms and phrases used herein
shali have the meaning ascribed ta such terms and phrases by the MCP unless the context clearly indicates .
otherwise.
MassDEP 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 MCP. MasspEP also has reason to believe that you (as used in
this letter, "you" refers to Mary Jane Peterson Trust) are a Potentially Responsible Party (a "PRP") with
liability under M.G.L.c.21E§5,for response action costs. This(iability is"strict",meaning fhat it is not based
on fault, but solely on your status as owner, aperator, generator, transporter, disposer or other person
specified in M.G.L.c.21E§5. This liability is also "joint and several", mea�ing that you may be liabte for all
response action costs incurred at a dispasal site regardless of the existence of any other liabte parties.
MassDEP encourages parties with tiabilities under M.G.I.. c.21E to take prompt ar�d 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 MassDEP in taking such actions. You may also avoid the imposition of,the amount of or reduce '
Thls InEormatlon Is avatlable In altemate tormat,Call ti�e Mass�EP Dfvsrsity OffFce at 617-856-1933.TTY#MassRelay Servlce 1-800-439•2S7'0
MassDEP Website:www.mass.govldep ',
Printed on Recycled Paper
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' Release"fracking Number 4-0026751 Page 2 of 3
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; certain annua!compliance 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.c.21E is attached
� to this notice.
You shouid 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 inde�nitely but are '
governed by laws that establish the time allowed for bringing litigation. MassDEP encourages you to take
any action necessary to protect any such claims you may have a�ainst third parties.
SITE INFORMATION
Infarmation on file with MassD£P indicates the folfowing contaminant(s) were deteeted in soil
sampies collected frorr�the site at a concentration which exceeded the Reportable Concentrations for Soil
Category 1 per 310 CMR 4Q.1600.
CHEMtCAt CONCEMTRATION RCS"1
C9-C18 ALIPHATICS 6500 MgJKg �.000 Mg/ICg
ADJ.C11-C22 AROMATtCS 2200 Mg/Kg 1000 Mg/Kg
2-METHYLNAPWTHALENE 2.2 Mg/Kg OJ Mg/Kg
C9-C1Q AROMATICS(PID) 130 Mg/Kg 100 MgJKg
This site shall not be deemed to have had all the necessary and required response actions taken
unless and untll 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.€..c.21E and
the MCP. `
Unless otherwise provided by MassDEP, potentially responsible parties ("PRP's") have one year
from the initial date of notification to MassDEP of a release or threat of a release, pursuant to 310 CMR
40.0300, or from the date MassDEP issues a Notice of Responsibility,whichsver occurs earlier,to file with
MassDEP one of the following subrriittals: {1)a completed Tier Classification Submittal; (2)a permanent or '
Temporary Soiution Statement or,if applicable,(3j a Downgradient Property Status. The deadline for.either
of the flrst two submittals for this disposal site is July 6,2018. The MCP requires that a fee of$1,470.00 be
submltted to MassUEP when a Permanent Solutlon 5tatement is filed greater than 12U days from the
date of noti�ication.
i
You must ernploy or engage a Licensed Site Professional ("t5P") to manage, supervise or actually �
perForm the necessary response attions at this site. You may obtain a list of the names and addresses of
these licensed professionals from the Board of Registra#ian of Hazardous Waste Site Gleanup Professionals
by calling (67.7) 556-1091 or visiting http://www.state.ma.us/Isp. MassDEP has no LSP of Record for this '
site.
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Release Tracking I�umber 4-002fi751 Page 3 of 3
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If you have any questions relative to this Notice, pEease contact Andrew Cooney at the letterhead
address or at (508) 946-2844. All future communications regarding this release must reference the
foltowing Refease Tracking fdumber:40026751.
Sincerely,
�- � '`—
Dan Crafton,Chief '
�mergency Response/Release
Notificatian Sectian
Bureau of Waste Site Cleanup
C/AWC
W:\BWSC\Dowment Prep Folder�R\Caoney\4-0026751.SOUTHYAItMOUTH,P10R.0&04-2017.docx
Encfosures: Summary of Liability under M.G.L.c.21E
C?epartment's guide ta hiring a Licensed Site Professional
ec: Board of Nealth
Board of Selectmen
Fire Department ,
DEP-SERO '
John Handrahan,Data Entry �
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