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Home My WebLink Aboutold bass river 919 DEP 4.25.25 for 23 BogMassDEP Maura T. Govemor Healey Kimberley Driscoll Lreutenanl Govemor Lucy Re Trust Attn: Holly Demers 919 Old Bass River Road Dennis, MA 02638 Arsenic Chromlum (Total) Commonwealth of Massachusetts Executive ffiice of Energy & Environmentsl Affairs Department of Environmental Protection Southeast Begionel Office .2O Fliverside Dr ive, Lakeville MA 92347 . 5o8-948-e7oo Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Aptil25,2025 RE: YARMOUTH - BWSC Release Tracking N umber: rt{051711 23 Bog Road NOTICE OF RESPONSIBILITY URGENT LEGAT MATTER: PROMPT ACTION NECESSARY The Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (MassDEP or the 0epartment) is tasked with ensuring the cleanup of oil and hazardous material (OHM) releases pursuant to the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (M.G.L. c. 21E or Chapter 21E). The law is implemented through regulations known as the Massachusetts Contingency Plan (310 CMR 40.0000 et seq. - the MCP). Both Chapter 21E and the MCP require the performance of response actions to provide for the protection of harm to health, safety, public weffare and the environment which may result from releases and/or threats of releases of OHM. REASON FOR THIS NOTICE On April 15, 2025 the MassDEP received a BWSC-103 Release Notification Form ("RNF") which indicates that a release ofoil and/or hazardous material has occurred atthe location referenced above. According to the RNF, the following contaminant(s) were detected in soil samples collected from the site at a concentration which exceeded the Reportable Concentrations for Soil Category 1 per 310 CMR 40.1600. CHEMICAT CONCENTRATION RC5-1 20 100 mc/Kc mglKc Pursuant to 40.0315(1)this release requires notification to MassDEP within 120 days of obtaining knowledge. M.G.L. c. 21E and the MCP 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 release and govern L26 145 mg/KC mc/Kc Sent via email only to: lucv919@comcast.net Dear Ms. Demers: ThL lntormrtlon i. rv.ilabl. in .hrrn b form.t Pl..a. cont ct LT.OEP .t 617-292{500,TTY*llr.R.hy Sarvlc. l{00{:}9.2370 .BDEP W.b.lL: ww.m.tt.gov/d.p Piint d on R.cycbd P.p.r Notice of Responsibility Release Tracking Number 4-0051711 Page 2 ol 4 the conduct ofsuch actions. The purpose ofthis notice isto inform you ofyour legal responsibilities under State law for assessing and/or remediating the retease at this property. For purposes ofthis NOR,theterms and phrases used herein shall have the meaning ascribed to such terms and phrases by the M.G.L. c. 21E and the MCP unless clearly indicated otherwise. STATUTORY LIABITITY MassDEP has reason to believe that you (as used in this Notice, "you" and "you/' refers to Lucy Re Trust), as the current owner of the property where a release has occurred, are a Potentially Responsible Party (PRP) with liability under M.G.L. c. 21E 55, for response action costs. Section s makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous material was stored or disposed of; any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport, disposal, storage or treatment site from which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. 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 55. This liability isalso "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. Pursuant to M.G. L. c. 21E and the MCP the term disposal site means anywhere OHM has come to be located. MassDEP encourages parties with liability under M.G.L. c. 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 MassDEP in taking such actions. ln addition to your liability for up to three (3)times all Response Action costs incurred by MassDEP, you may also be liable to the Commonweahh for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c.21E, 5 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, $ 16 for each violation of M.G.L. c. 21E, the MCp, or any order, permit or approval issued thereunder. You may be liable for up to three (3) times all Response Action costs incurred by MassDEP. Response Action Costs include, without limitation, the cost of direct hours spent by MassDEp employees arranging for response actions or overseeing work performed by persons other than MassDEP or its contractors, expenses incurred by MassDEP in support ofthose direct hours, and payments to MassDEP's contractors. (For more detail on cost liability, see 310 CMR 40.1200.) MassDEP may also assess interest on costs incurred at the rate of twelve percent (12%), compounded annually. To secure payment of this debt, the Commonwealth may place liens on your property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. Notice of Responsibility Release Tracking Number 4-0051711 Page 3 of 4 You should be aware that you may have claims against third parties for damages, including claims for contribution or reim bu rsement for the costs of clea nu p. Such claims do not exist indefin itely but a re governed by laws which establish the time allowed for bringing litigation. MassDEP encourages you to take any action necessary to protect any such claims you may have against third parties. lf you are a responsible party and you have reason to believe that your performance of the necessary response actions is beyond your technical, financial or legal ability, you should promptly notify the Department in writing of your inability in accordance with MGt c. 21E, subsection 5(e), and 310 CM R 40.0772. lf you assert or demonstrate in compliance therewith that performing or paying for such response action is beyond your ability, subsection 5(e) provides you with a limited defense to an action by the Commonwealth for recovery of two to three times the Department's response action costs and 310 CMR 40.0172 provides you with a limited defense to the Department's assessment of civil administrative penalties. Please refer to M.G.L. c. 21E for a complete description of potential liability RETEASE ABATEMENT MEASURE PtAN Release Abatement Measures may not be conducted until a RAM Plan is submitted pursuant to 310 CMR 40.0443. ADDITIONAL ACTIONS REQUIRED You must employ or engaBe a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at this site. You may obtain a listofthe names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals by calling (617) 55G1091 or visiting htto://www.state.ma.us/lso. This site shall not be deemed to have had allthe 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. 21E and the MCP. The MCP requires persons undertaking response actions at a Disposal Site to submit to MassDEP a Permanent Solution Statement prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at the site. By taking prompt actions you may also avoid the imposition of, the amount of or reduce certain annual compliance assurance fees payable under 310 CMR 4.m. 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 31.0 CM R 40.0300, or from the date MassDEP issues a Notice of Responsibility, whichever occu.s earlier, to file with MassDEP one of the following submittals: (1) a completed Tier Classification Submittal; (2) a Permanent or Temporary Solution Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is April 15, 2025. The MCP requires that a fee of $1,470.00 be submitted to MassDEP when a Permanent Solution Statement is filedtreaterthan 120 days from the date of notification. Notice of Responsibility Release Tracking Number 4-0051711 Page 4 of 4 lf you have any questions relative to this Notice, please contact Mr. Jaime Goncalves at the letterhead address, at laime.Goncalves@mass.gov or at 617418-9627. Allfuture communications regardingthis release must reference the following Release TrackinB Number: 4{051711. Sincerely, Andrew L. Jones, Acting Chief Emergency Response / Release Notification Section Bureau of Waste Site Cleanup J/JG Enclosures: Department's guide to hiring a Licensed Site Professional Board of Health Board of Selectmen Fire Department DEP.SERO Data Entry ec: