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Home My WebLink Aboutnotice of responsibility 1993so tck 7g ar/A (zN,St CommorMeolth of Executive Offlce of E lz/' Robert and Dorothy Cannon 1343 Falnouth RoadCenterville, Massachusetts 02632 CJ7 I Protection sra filq,al t'{, January 11, 1993 Denqrlmenl oEniironmenlcr Southeost Regionol Off ice ULtl f. W.ld D.ltl & Gr...r6.lDCdr$*.r.. G The Departnent of Environnental protection, Bureau of WasteSite Cleanup (the I'Departnentrr) , has deternined that an area thatincludes the property occupied by cannon,s Enqrineering, Iocated at350 Uain Street, West Yarnouth, ltassachusetts, (hereafter theI'Siterr), is a priority disposal site for oit and hazardousnaterials within the meaning of the [Irlassachusetts oil andHazardous llaterial Release Prevention and Response Actrt (U.G.L.,c21E). During the execution of E[ergency Response actions,contanination on the site uas observed unrelated tb ttre spil1 ofFebruary 4, L992. The Department, pursuant to 310 Cf n CO.Sle 121,has classified the site as a priority Disposal Site due to thepresence of uncontained nigrating oil existing as a separate phasein the groundwater at the Site. Dear Ur. and !lrs. Cannon: STATUTORY LTABILITIES The DepartDent has reason to believe that you are apotentiaLly responsible party (a ,pRpu) with liability underl{.c.L., c.zlE, Section 5, for response action costs. Section 5nakes the following parties liable to the Conmonwea.Lth: currentowners or operators of a site where oil or hazardous materials arelocated; any person rrho oyned or operated a site at the tinehazardous naterial was stored or disposed of ,. any person rdhoarranged for the transport, disposal, storage or treatnent ofhazardoua nateriaL to or at a site; any person who transportedhazardous material to a transport, disposal, storage or treatnentsite fron rshich there is or has been a release or threat of releaseof such nateriali and any person who otherwise caused or is legallyresponsible for a release or threat of reLease of oil or hazardousnaterials at a site. trl(.ylL Ho.pltrl o Ro{t 105 o lrLvflL, Lrr&lru'.l,l W7 . F X (5O) tarc55, . T.Lphon (5O) 9r&ZrO n t /I RE: YAnl,lOtTH--WSC-4-0183 Cannon's Engineering, 35O Xain street NCITICE OF RE.SPONSIBILITY, PRTORITY DISPOSAI, SITE,Ll.G.L., Chapter 218 and 310 CIrIR 40. 0O0 (Uassachu6ettscontingency Plan) -2- ThiE liability ie strict, neaning it le not ba6ed on fault butaolely on yorE statls-aa an.owner, operatorG ggnerator, tranBporteror dispoeer. It iE also joint and severalr- rcaning that you -nay leIiable for all response action coete 'lncurrei at tfre site,regardleas of the exiEtence of any other !.lable parties. . You Day !e llah]e for up to three (3) tines aII responseaction costs incurred by the Department. ' Iieaponse action costsinclude tbe cost of direct hours epent $ Delartnent employeesarranging for response actions or oversealnj uorl perforrned -by nnrsor their contractora, expensea incurred -Dry thL DepartDe;t insupport of those dlrect hours, and palmcotl to the Department, scontractora. For uore detail on cost ll,ability, see stO ct[R40.500: Coat Recovery. The Department may also assess interest on costs incurred atthe rate of twelve percent (].2Zl , compounded annually. To securepayoent of this debt, the Cornmonwealth may place 1iens on alL ofyour property within the ConmonweaLth. To recover the debt, theConmo realth nay foreclose on these liens or the Attorney ceneralnay bring legal action against you. In addition to your liability for up to three (3) tines aIIresponse action costs incurred by the Departroent, you may also beriable to the conmonwealth for danageg to naturaL rLsourcLs causedby the release. Additionally, penalties nay be irnFosed undert{.G.L. , c,.zLE, section 11 and other laws fof each violation ofM.G.L., c.zLE' or other Iavs, or under u.G.L., c.2LAt Sectj.on 10,for violations of c.21E, and other statutes, regulations, orders orapprovals. . The Departnent encourages pRps to take response actions at:+tg?:. By taking the necessary response action3, you can avoidliability for costs incurred Uy tfre- DepartDent, s' cLntractors inperforning these actions. tf you do not take the necerraryrerponse actions, or fail to pefforn theu in an appropriate oitinely manner, the Departnent is authorized by M.c.i., c.218 tohave the work perforned by its contractor. NECESSARY ACTIONS The Department requires you to submit an evaluation todeternine if there exists an iuninent hazard at the site, withinthirty .(30) days of receipt of this 1etter. The presence ofuncontained nigrating oil, pursuant to CttR 40.542 (2) if), and theexisting or potentiaL contanination of drinking water'supplies,pursuant to CltR 40.542 (2) (b), constitute irn-inent hazards. TheDepartment requiree you to evaluate if a Short TerD ltea6ure (STU)is needed to prevent or abate the i'ntrinent hazards. If an inuinenthazard is present, you sha11 subnit a Short Tern Measure proposal (STUP) for review within sixty (60) days of receipt of this tetter.The STUP needs to include a cornplete and detaj.led presentation of -3- tbe a8BeaaDent needed to chose and deEign tbe short Tern ueasure,whlch includes the identlfication of atI ths aources of petroleun,tlre extent and compoaJ,tlon of separate and adsorbed phase petroleumproducta. This proposal should l-nclude the foltowing iniornationrelatlve to the STll: 1. Design plana for a product recovery/grroundwater treatDentaysten conslating of design parrraters and Echematicdlagrame ehouing all tbe aystelra units. 2. 3 4 Complete plans and speclficatlons for aII on-sitetreatment, Etorage and disposal activities rel.ated to thesTl,t. A schedule for inpleuentatLon of the proposed sTtt. An environmental nonitoring plan, including constructionand long-tern nonitoring. A prelininary contingency p1an. A prelininary security p1an. logs and othernaintained to kJ.91 f 5 6 7 Identification of all records, reports,pertinent infornation which shaIl bedocument construction activities. 8. A prelininary guality assurance/guality control p1an. Please be aware that a Health and Safety plan shall beprepared and inplenented as required by 310 ctG, 40.542 (3) (d). The Departnent requires a written reaponse within fourteen(14) days of your receipt of this letter indicating whether youintend to take the actions outlined above. - If you_ have any further questions, please contact Uark Uatysof .this offlce at (5OB) 946-2A62. In any correspondence regardiirgthis case, please refer to case number wscTsA-4-0183.- TheDepartrent appreciates your cooperation in this natter. Very truly yours, B/fr;Dr/re si.te Rened iation Section -4- CERTIFTED IIAIL #P656 84L 776R TURN RECBIPT REQI'ESTED cc: DEP - Boston - BWSC DEP - SERO - Data Entry Board of Se lectmen Tosn EallSo. Yarnouth, l,IA 02664 Board of Health Tosn HallSo. YarDouth, l,IA 02664 Yanoouth Fire Departnent96 Uain StreetSo. Yarnouth, Ir{A 02664 Cannon, s Engineering 350 l,lain street West Yarnouth, Ir{A O2G7 3