The URL can be used to link to this page

Home My WebLink AboutNotice of Environmental Responsibility 1997A.. MLLIAM F- WELD Covemor ARGEO PAUL CELLUCCI Lt. Govemor CoMMoNWEALTH oF MASSACHUSETTS EXECUTIVE OFFICE oF ENVIRoNMENTAL AFFAIRS DEPARTI,G}.IT OF ENVR.ONMENTAL PROTECTION SOUTHEAST REGIONAI- OFFICE URGENT LEGAL MATTER: PROMPT ACTION NECESSARY FIED MAeoF Li June 3, L997 RE: YARMOUTH-BWSCArcadia Cottages 18 Hudson Streetwest Yarmouth, Massachusetts 0267 3 L2-14 RTN: Appl-ebee Road 4-13054 20 Riverside Driv. o Lak€vilte, Massachus€ds 02347 . FA-X (508) 9474557 . Telephonc (50E) 9462700 TRUDY COXE Secr€tary DAVID B. STRUHS Commission€r NOTICE OF' RESPONSIBILITY M.G.L. c. 21E. 310 CMR 40.0000 ATTENTION: Wayne Wollerman, Owner On May 27, f997 at ]-2240 p.m., Ehe DeparEment of Environment.alProtection (tshe "Department" ) recei-ved oral notsj-ficaEion of arelease and/or threat of rel-ease of oj.l- and/ or hazardous materj-al ats the above referenced property which requires one or moreresponse actions. During the removal of a 275 ga1lon capacily underground storage tank for #2 fuel oif an organic vapor readj-ngof 105 ppm using jar headspace method was obtained. The MassachuseEts Oi.1 and Hazardous Materiaf Release Prevention and Response Act. M.G.L. c.2LE, and Ehe Massachusetts Contingency Plan (the ''MCP'), 310 CMR 40.0000, require che performance of response acEions to prevent harm to health, safety,public welfare and the environment which may result from Ehisrelease and/ or threat of reLease and govern the conduct of suchactions. The purpose of this noEice is Eo inform you of your 1ega1 respons ibi 1it. ies under StsaEe 1aw for assessing and/or remedi-atingthe rel-ease at this property. For purposes of this Notice ofResponsibility, the terms and phrases used herein sha1l have Ehe meaning ascribed to such terms and phrases by Ehe MCP unless Ehecontext clearly indicatses otherwise. The DepartmenE has reason Eo believe that the release and/orthreat of reLease which has been reported is or may be a disposal site as defined by the M.C.P. The Department. aLso has reason Eobelieve that you (as used in this letter, 'you" and 'youru refers -2- to Arcadia CotEages) are a Potentially Responsible Party (a 'PRP')wit.h liabiliEy under M.G.L. c.218 55, for response action costs.This liability is trstrict", meaning thac iE is nots based on fault, but so1ely on your staEus as owrler, operatsor, generator,transporter, disposer or other person specified in M.G.L. c.21E S5.This liabilj-t.y is also "joint and several", meaning t.hat you may beliab1e for afl response acEion cost.s incurred at a disposal site regardless of tshe exisEence of any other 1iable partsies. The Department encourages parties with liabilities under M.G.L.,. c.2lE to take prompt and appropriate actions in response to releases and threaEs of release of oi1 and/or hazardous maEerials.By taking prompE actj-on. you may significantsly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the DeparLmenE in taking such actions. You may alsoavoid the imposiEion of, Ehe amounE of or reduce certain permj-t. and/or annual compliance assurance fees payable under 310 CMR 4.00.Please refer to M.G.L. c.2!E for a conplete descrrption ofpotential liabiliEy. For your convenience, a summary of liability under M.G.L. c.2lE is acEached to Ehis notice. You should be aware that you may have claims agaj-nsE thirdparties for damages, including claims for conEribution or reimbursement. for Ehe costs of cleanup. Such claims do not existindefiniEely buE are governed by laws which est.ablish the time allowed for bringing litigatsion. The DepartmenE encourages you to Eake any action necessary Eo protect any such claims you may have against third part.ies. At. the time of verbal notificationfollowing response actsions were approvedAction ( IRA) : Store on si-Ee 30 cubic to as yards of contaminaEed soil. REOUIRED the Department, t.hean Immediale Response ACT IONS AddiLional submittals are necessary with regard to this notification including, buts noE limited to, the filing of a wrilEen IRA P1an, IRA Completion Statement and/or an RAO statement. The MCP requireB that a fee of 5750.00 be subaitted to the DePartDeat when an RAO EtateDent is filed greater than 120 daya from the date of initial nolification. Specific approval is required from t.he Department for Ehe implementation of al-I IRAs and Release AbatemenE Measures (RAMs) . Assessment activit.ies, Ehe consEruction of a fence and/or Ehe posting of signs are acEions that are exempt from this approval requirement. In addition Eo oral notificaEion, 310 CMR 40.0333 requires Ehat a completed Release Notification Form (BWSC-103, aEtached) be submiEted Eo the Department. wiEhin sixty (50) calendar days of May27, 1997. -3- You must employ or engage a Licensed Site Professj-ona1 (LSP)to manage, supervise or actually perform the necessary responseactions ats this site. You may obtain a list of t.he names andaddresses of these licensed professionals from the Board ofRegistration of Hazardous wast.e Sj-te Cleanup Professionals ats (617) 555-1145. Unfess otsherwise provided by Ehe Department, potentiallyresponsible parEies (,PRP'sa) have one year from the initial dateof notificaEion to the Department of a release or threat of areJ-ease, pursuant to 310 CMR 40.0300, or from the date EheDepartment issues a Not.ice of Responsibility, whj-chever occursearlier, to file wit.h the DepartmenE. one of the followingsubmitEals: (1) a completed Tier Classification SubmiEEal; (2) aResponse Action OuEcome Statement or. if applicable, (3) a Downgradient. Property StaEus. The deadline for eiEher of Ehe f j-rst two submittal-s for Ehis disposal siEe j.s May 27, L998. If reguiredby E.he MCP, a completeC Tier f PermiE. Appl-ication must also accompany a Tier Classificatsion SubmitEal. This site shall- noE be deemed to have had all Ehe necessaryand regulred response actions Eaken unless and until allsubstantial hazards presented by the release and/or threat ofrel-ease have been eliminaced and a level- of No SignificanE Riskexists or has been achieved in complj-ance wit.h M.G.L. c.2l-E and the MCP. If you have any questions relative to t.his noEice, please conEact Robert Kearns at the let.terhead address or at. (508) 945-2865. A11 future communicat.ions regardj-ng this release mustreference Ehe following Refease Tracking Number: 4-13054. Verv trulv '4L-.cA Richard F. yours / Packard, P /p.x/re CERTIFIED MAIL RETURN RECETPT Attachments: Board of Selectmen 114 5 Route 28 South Yarmout.h, MA 02554 Emergency Response /Nocification Sect.ion Chief Re l ease #P 058 740 552 REQUESTED Release Notification Form; BWSC-103 and Inst.ructions Summary of Liabilit.y under M.G.L. c.21E -4- Board of Health 1l-45 Routse 28 South Yarmout.h, MA 02564 Fire Department95 Main St. Sout.h YarmouEh, MA 02554 DEP . SEROATTN: Andrea Papadopoulos, Deputy Regional DirecEor