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Home My WebLink AboutDEP Notice of Responsibility 2025MassDEP Commonwealti of Massachusetts Executive ffice of Energy & Environmental Affairs Department of Envinonmental Pnotection Southeast Regional Office .2O Biverside Drive, Lakeville MA 02347 . 5o8-94&27oo Maura T. Heal€y Governor R€bscca L. Tepper Secretary Bonni€ Herple Commissioner Ekaterina & Family, LLC Attn:Jay lmad 381 Camp Street West Yarmouth, MA 02673 October 28, 2025 RE: YARMOUTH - BWSC Release Tracking Number: +0052650 1282 Route 28 NOTICE OF RESPONSIBILITY Sent by e-mail only to: savoncc@gmail.com THIS I5 AN IMPORTANT NOTICE. FAILURE TO TAKE APPROPRIATE ACTION IN RESPONSE TO THIS NOTICE COUTD RESULT IN SERIOUS LEGAT CONSEqUENCES. Dear Mr. lmad: The Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (MassDEP or the Department) 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 from harm to health, safety, public welfare and the environment which may result from releases and/or threats of releases of OHM. REASON FOR THIS NOTICE Kimberley Driscoll Lieutenanl Governor On October 23, 2025 at 11:45 am MassDEP received a notification from Eric Johnson of a release of oil at the above referenced location. Following removal of a UST and ancillary piping system, Mr. Johnson recorded a soil headspace reading of 1,140 ppmv utilizing a photoionization detector (PlD). Pursuant to 310 CMR 40.0313(2), 310 CMR 40.0313(3), this release requires notification to MassDEP within 72 hours of obtaining knowledge, and pursuant to 310 CMR 40.0412(1) this release requires that an lmmediate Response Action (lRA) be conducted. Chapter 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 govern the conduct of such actions. The purpose of this notice is to inform you of your legal responsibilities under State lawforassessing ThL ln o.m.lloa l. .v!lLbl. ln .ll..nrt foim.t P1.... cont c't X.rtDEP at Cl7-292650,0. TTYI X...R!Ly 8..vlc. 1400{irt-2370 I:.rDEP Wet ht : rrw.na.3.govrd.p Prlnt d on R.clcLd Pap.r Notice of Responsibility Release Tracking Number 4-0052550 Page 2 ot 4 and/or remediatingthe release atthis property. For purposesofthis Notice of Responsibility (NOR)theterms and phrases used herein shall have the meaning ascribed to such terms and phrases by the Chapter 21E and the MCP unless clearly indicated otherwise. STATUTORY TIABILIW MassDEP has reason to believe that you (as used in this Notice, "you" and "you/' refers to Ekaterina & Family, LLC), as the current owner of the property where a release has occurred of oil or hazardous material, are a Potentially Responsible Party (PRP)with liability under M.G.L. c.21E 55, for response action costs. Section 5 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 ortreatment site from which there is or has been a release/threat of release of such material; and any person who othen /ise 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. 2lE 55. This liability isalso'lointand 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 dlsposal site means anywhere OHM has come to be located. 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 of those direct hourt 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 (72%1, 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. 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 Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c.2LE, g 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, 5 16 for each violation of M.G.L. c. 21E, the MCp, or any order, permit or approval issued thereunder. 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 4.00. 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. Notice of Responsibility Release Tracking Number 4-0052650 Page 3 of4 You should be aware that you may have claims against third parties for damagel including claims for contribution or reimbursement for the costs of cleanup. Such cla ims do not exist indefin itely but are 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 ofyour inability in accordance with MGL c. 21E, subsection 5(e), and 310 CMR 40.0172. 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. As outlined above, and pursuant to 310 CMR 40.0412(2), this release requires that an IRA be conducted. At the time of oral notification to MassDEP, the following response adions were approved as an IRA: Continued assessment. Excavation and disposal of up to 50 cubic yards of contaminated soil. All Remediation Waste generated must be properly stored/handled and disposed as soon as possible and, in all cases, within 120 days from the date of generation per 310 CMR 40.0030. ADDITIONAT ACIIONS REQUIRED Additional submittals are necessary relative to this notification including, but not limited to, a written IRA Plan, IRA Completion Statement and/or a Permanent or Temporary Solution Statement. The MCP requires that a fee of S1,470.N be submitted to MassDEP when a Permanent Solution Statement is filed treater than 120 days from the date of initial notification. Specific approval is required from MassDEP for the implementation of most lRAs pursuant to 310 CMR 40.0420. Release Abatement Measures (RAMs) may not be conducted until a RAM Plan is submitted pursuant to 310 CMR 40.0443. Assessment activities, the construction ofa fence and/orthe posting ofsigns are actions that are exempt from this approval requirement. ln addition to oral notification, 310 CM R 40.0333 requires that a completed Release Notification Form (BWSC- 103) be submitted to MassDEP within sixty (60) calendar days of October 23, 2025. You must employ or engage a Licensed Site Professional (L5P) to manage, supervise or perform the necessary response actions to address this release/threat of release. You mayobtain a listofthe namesand addresses ORALLY APPROVEO IMMEDIATE RESPONSE ACTION Notice of Responsibility Release Tracking Number 4-0052650 Page 4 of 4 ofthese licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals by calling (617) 556-1O91 or visiting httpr//www.state.ma.us/lsp. MassDEP records indicate that Eric Johnson of Edge Environmental, LLC is the LsP-of-Record for this release. Unless otherwise provided by MassDEP, potentially responsible parties (PRPs) have one year from the initial date of notification to MassDEP of a release, pursuant to 310 CMR 40.0300, or from the date MassDEP issues a Notice of Responsibility, whichever occurs 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 release is october 23, 2026. This release shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the release have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with Chapter 21E and the MCP. The MCP requires persons undertaking response actions to address a release 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 relative to the release. lf you have any questions relative to this Notice, please contact Andrew Cooney at andrew.cooney@mass.gov or at 61768H587. All future communications regarding this release must reference the following Release Tracking Number: lH[52550. Sincerely, Andrew L. Jones, Chief Emergency Response Section Bureau of Waste Site Cleanup )/AWC ec: Town ofYarmouth Board of Health Select Board Fire Department DEP-SERO - Data Entry