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Home My WebLink Abouturgent legal matter 1997ARGEO PATJL CELLUCCI Gov.rnor COUIT,TONWTETTr{ OF MASSACHUSETTS EXECUTTVE Orrtcr or ExvtnouusN-ral Arr.ArRs DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OTFICE TRUDY CO)C Secietary DAI'ID B. STRUHS Comissioacr October 2'7 , 1997 RE: YARMOIIIH-BWSC 447 YIain Street. RTN 4-13431 Botsini Realty Trust P. O. Box 201CenEerville, liA 02632 ,0 Rtv.rtldc DrlY.. t,ll..vUlc, Mrs*hut ttt 01147' FAX (sot) 94?{557 ' TcLPhon (soD q6'2700 $ eantca * n-Ya'a e'P" URGENT LEGAI,, MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REOUESTED COIPY NOTI CE OF RESPONSIBILITY M.G.L. c. 218. 310 CT'IR 40.0000 ATIENTION: Gregi Botsivales, Trustee On octsober L4, 1997 at Lz45 p.m., the Department of Environmentsal Protsection (the rrDepartmentr') recej-ved oral notification of a release and/or threats of release of oil and/or hazardous maEerial ats the above referenced property which requires one or more response actions. During the excavaEion of an underground fuel oil stsorage tank a hole was observed in Ehe Eank and jir headspace readingr of oil contaminated soil was observed to be greatser than 100 pPm vo1atsile organic compounds. The Massachusetstss OiI and Hazardous Materi.al Release Prevention and Response Act, M.G.L. c.2!8, and Ehe Massachusettss contsingency Plan (the 'MCP"), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safety, pulfic welfare and t,he environment whj.ch may result from this ielease and/or threat of release and govern tshe conducE of such actions. The purpose of thj.s notice is tso inform you of your 1ega1 responsibilitsies - under State 1aw for assessing and/or 1! remediating tshe release at Ehis property. For purposes of t.his Not.ice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless Ehe context clearl-y indicates otherwise. The DeparEment has reason Eo believe that. t.he rel-ease and/ or t.hreat of release which has been reported is or may be a disposal site as defined by the M.C.P. The DeparLment aLso has reason to believe that you (as used in t.his Iet.ter, "you" refers to Botsini Realty Trust) are a PoEentially Responsible ParE.y (a flPRP') wiE.h Lj.ability under M.G.L. c.2aE 55, for response acEion cosEs. This liability is "stsrict", meaning that iE is not based on fauft. but solely on your staEus as owner, operator, generator, transporter, disposer or other person specified in M.G.L. c.2LE S5. Thj-s IiabiliEy is also "joj-nt and several", meaning that you may be Iiabl-e for all response action costss incurred at a disposal siEe regardless of the exj-sEence of any other liable parties. The DepartmenE encourages parE.ies with Iiabilit.ies under M.G.L. c.2l-E to t.ake prompt and appropriaE.e actions in response t.o releases and threats of release of oi1 and/or hazardous materials. By tsaking prompE actj-on. you may signi-ficantly lower your assessment and cl-eanup costs and/or avoid liability for costs incurred by the DeparE.ment in taking such act.ions. You may also avoid the imposition of, the amounL of or reduce certain permiE and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c.21E for a compleEe description of potentj-a1 liabi1it.y. For your convenience, a summary of liability under M.G.L. c.2!E is attached Eo this notice. You should be aware thats you may have claims against Lhird parties for damages, including claims for contribution or reimbursement for Ehe cosEs of cleanup. Such claims do nots exist i-ndefinj-tel-y but. are governed by laws which establish the Eime allowed for bringing 1itsi-gat.ion. The DeparcmenE encourages you to Eake any action necessary to protect. any such claims you may have against third parties. AE the time following response Act. ion ( f RA) : of oral notificat.ion actions were approved t.he Depart.ment , Ehe an Immediate Response eo as a ExcavaEion and disposal of up to 100 cubic yards of contaminated soil. -3 - (A11 Remediatsion was!e must be properly stored/handled disposed of witshin 120 days from the daE.e of generation per cMR 40.0030. ) and 310 ACTIONS REOUIRED Additional submiEtals are necessary wiEh regard to this notificat.ion including, but not limiEed to, Ehe filing of a written IRA Plan, IRA Completion Stacement and/or an RAo stat.ement.. The McP requires tshaE a fee of $750.00 be eu.bmitted to the Depart8ent whetr an RAO stsaEements ie filed greater tshaa 120 days from the datse of initial notificatsion. Specific approval is reguired from the DepartmenE. for the implement.aEion of all IRAS and Release AbatemenE Measures (RAMs) . Assessment activiE.ies, the construction of a fence and/or Ehe posting of signs are actions Ehat are exempE from Ehis approval requj.rement. In additi-on to oral notification, 310 CI\4R 40.0333 reguires Ehat a completed Release Notification Form (BWSC-103, at.tached) be submiEted to the Depart.ment wj-thin sixty (50) calendar days of october 14, 1-997 You must employ or engage a Lj-censed Site Professional (LSP) to manage, supervise or actually perform tshe necessary response actions at this site. You may obtain a l-isE of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Sit.e Cleanup Professionals at (517) ss5-1r-45. Unless otherwise prowided by the Department., potentially responsible parties ('rPRP'sn) have one year from the initial date of notification Eo the Department of a release or t.hreaE of arelease, pursuants Eo 310 CIVIR 40.0300, or from the date the DepartmenE issues a NoEice of ResponsibiliEy, whichever occursearlj-er, Eo file with the DepartmenE. one of the followj-ng submj-tstaIs r (1) a completed Tier Classification Submj-ttal , (2) a Response Actj.on OuEcome Statement oE. if applicable, (3) a Downgradient Propert.y Stsatsus. The deadl-ine for eiE.her of Ehe firsE. two submitt.als for Ehis disposal sitse is October 14, 1998.If reguired by Ehe MCP, a completed Tier I Permit Applj-cation must. also accompany a Tier ClassificaEion Submit.tal. This site shall nots be deemed to have had all Ehe necessaryand required response actsions taken unless and until al-IsubstanEial hazards presented by the release and/or threat. of rel-ease have been eliminated and a level- of No Significant Risk -4- exists or has been achieved in compliance with M.G.L. c.2l,E and the MCP . If you have any questj-ons relative to this notice, please contsacE Michael- Moran at lhe letterhead address or aE 508-945- 2955. AII future communicatsions regarding this rel-ease musE reference the following Release Tracking Number: 4-7343L. Very trul-y yours. Richard F. Packard, Chief Emergency Response / Release Not.ificat,ion Section P /ttB4 / re CERTIFTED MAIL #P 256 385 969 RETURN RECEIPT REQUESTED Attachments: Release Notification Form; BWSC-l-03 and Instruct.ions Summary of Liability under M.G.L. c.21E Board of HeaLth 1146 Route 28 S. Yarmout.h , WA 02664 Board of Selectmen 1145 RouE.e 28 S. Yarmoulh , I4A 02664 Fire Dept. 95 Main St.. S. Yarmouth, MA 02654 DEP - A1_tt\: SERO Andrea Papadopoulos, Deputy Regional DirecEor -Rrg-e