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Home My WebLink About21E 1999COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENYIRONMENTAI AFFAIRS DEPARTMENT OF ENVIBONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE ARGEO P.A,UL CELLUCCI Govelaor JANE SWIFT Lieutellant Governor BOB DIJRAND Secrctary I-AUREN ,4. LISS Commissioner A, r-=\.a URGENT LEGAL MATTER: PROMPT ACTION NECESSARY ERTIFIED MAIL: RETURN RECEIPT RE UESTED June 17, 1999 ( Stephen Astulfi 15 Evelyn Street Burlington. Massachusetts 0 [ 803 RE YAR.IUOUTH-BWSC 167 Baxter Street RTN# +14680 NOTICE OF RESPONSIBILIT} M.G.L. c. 2lE. 310 CMR 40.0000 ATTENTION: Stephen Astulfi On May 4, 1999 al 4:45 PM, the Departrnent of Environmental Protection (the "Department") received oral notification of a release and./or threat of release of oil and/or hazardous material at the above referenced property which requires one or more response actions. A above ground storage tank (AST) was found to be leaking #2 fuel oil during routine filling and inspection activities. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.2lE, and the Massachusetts Contingency Plan (the 'MCP), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result fiom this release and./or threat of release and govem the conduct ofsuch actions. The purpose of this notice is to inform you of your legal responsibilities under State law for assessing and/or remediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise. The Deparunent has reason to believe that the release and/or thrcat of release which has been reported is or may be a disposal site as defined b-y the M.C.P. The Departrnent also has reason to believe that you (as used in this letter, "you" refers to Stephen Astulfi) are a Potentially Responsible party (a ,'pRP") with liability under M.G.L. c.2lE $5, for response action costs. This liability is ',strict,', meaning that it is not based on fault, but solely on your status.rs o\l'ner' operator, generator' transporter, disposer or other person specified in M.G.L. c.2lE $5. This liability is also "joint and several", meaning that you Irluy be liable for all response action costs incurred at a disposal site regardless of the existence ofany other liable parties. 20 Rivcrlidc Drivc . L.k.vill., Mrssrchus.tB 0234, ' F,{\ (50t) 947-6557 ' Tcl'phonc (50E) 9462700 iii" info.oetion h ""ril.bl. i! rlt.rnrtc fornrt by crlling our ADA Coordinrtor rr (617) 57'kt72. DEP on the World widc web: hnp://wly]'v magne! starc'ma'uydcp S Prinred on Rerycled Paper 2 The Department encourages parties with liabilities under M.C.L. c.2lE to take prompt and appropriate actions in response to releases and threats ofrelease ofoil 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 the Department in taking such actions. You may also avoid the imposition oi the amount ofor reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c.2lE for a complete description of potential liability. For your convenience, a summary of liability under M.G .L. c.ZlE is attached to this notice. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are govemed by laws which establish the time allowed for bringing litigation. The Departrnent encounges you to take any action necessary to protect any such claims you may have against third parties. At the time of oral notification to the Depaftnent, the following response actions were approved as an Immediate Response Action (IRA): Removal of fuel oil from the AST. Assessment, including possible of groundwater monitoring wells. All Remediation Waste must be properly stored/trandled and disposed of within 120 days from the date of generation per 310 CMR 40.0030. ACTIONS REQUIRED Additional submittals are necessary with regard to this notification hcluding, but not limited to, the filing of a written IRA Plan, IRA Completion Statement and/or an RAO statement. The MCP requires that a fee of$750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. Specific approval is required from the Department for the implementation of all IRAs and Release Abatement Measures (RAMs). Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at this site. You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) ss6- l 145. Unless otherwise provided by the Departrnent, potentially responsible parties ("PRP'S") have one year from the initial date of notification to the Departrnent of a release or threat of a release, pursuant to 3 10 CMR 40.0300, or from the date the Departnent issues a Notice of Responsibility, whichever occurs earlier, to file with the Departrnent one of the following submittals: (l) a completed Tier Classification Submittal; (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is May 4' 2000 If required by the MCP, a compteted Tier I Permit Application must also accompany a Tier classification submittal. In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification Form (BWSC-103, attached) be submitted to the Departrnent within sixty (60) calendar days of May*, 1999. 3 This site 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 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.2lE and the MCP. Ifyou have any questions relative to this notice, please contactTyson Rose at the letterhead address or at (508) 946-27 43. All future communications regarding this release must reference the following Release Tracking Number: tl-146E0. Verv trulv vours- ?r*.cF a*.t*s- Richard F. Packard, Chief Emergency Response / Release Notification Section P/TLR./re CERTIFIED MAIL #Z 539 134 054 RETURN RECEIPT REQUESTED Attachments: Release Notification Form; BWSC-103 and Instructions Summary of Liability under M.G.L. c.2lE Board of Health 1146 Route 28 S. Yarmouth, MA 02664 Board of Selectrnen I 146 Route 28 S. Yarmouth. MA 02664 Fire Dept 94 Main St. S. Yarmouth, MA 02664