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Home My WebLink AboutDEP letter 1995Cz ,,1 ft/ Commonweofih of Mossochusetts ExecLrtive office of Environmentol Affoirs ./il/ Depcrrlment ofEniironmenlql Protection William F. Weld Trudy Coxs S€.r.l.ry, EOErA Thomas B. Powera Southeost Regionol Office February 10, 1995 o Dorot.hy Hoppouglr41 Bradford Road Yarmouth, Massachusetts RE YARIV1OUTH - -BWSC41 Bradford RoadRTN: 4 - 111090257 3 On February 6 , 1995 , aE 2:45 p.m. , the Department ofEnvironmental Protection (Ehe 'rDeparEmenE't ) received oralnot.if icat.ion of a release and/or threat of release of oif and/or hazardous material aE Ehe above referenced property rrhich requires one or more response aclj-ons. In addit.ion to oral notificaE.ion, 310 CMR 40.0333 requires that a compleEed Release NoEification Form (BWSC-003, atEached) be submiEted Eo the Department withj-n sixty(50) calendar days of the daEe of the oral notification. The MassachuseEts Oil and Hazardous MaEerial Rel-ease PrevenEion and Response AcE, M.G.L. c.2!8, and t.he Massachusetts Contingency Plan (the "MCPr'), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safeEy, public welfare and the environment which may resulc from this ielease and/or threaE of release and govern Ehe conduct of such acEions. The purpose of this notice is t.o inform you of your legal respons ibi I it i-es -under sEate law for assessing ald/or remediating the' release aE this property. For purposes of this- -Notice of ResponsibiliLy, E.he terms and phrases used herein shalf have the *."'rri.rg ascri-bed Eo such E.erms and phrases by the MCP unless the contexl clearly indicates otherwise ' TheDeparEmenthasreasontobe]-ievethatthereleaseand/orthreai of rllease which has been reported is or may be a disposal =:-iu "= defined by the M.C.P' The Department also has reason to ;;ii";; iir"i y"" ias used in tshis letter, rrvou. refers..-to Dorothv rl"ip""S'hi l=fur" ^ PoEenEially Responsible Party (a 'PRP") wiEh liability under M.G.L. c.2LE S', foi response aclion costs' This 20 Bivcrsldc D?lve . Lakovills, Mlssrchusstts (12347 . FAX (5O8) 947'6557 . Telephono (508) 946-2700 (URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECE]PT REOUESTED NOTICE OF RESPONS ]BILITYM.c.L. c. 21E. 310 CMR 40.0000 DEP Ii-abilit.y is "sEricts", meaning that it is not based on fault, but so1e1y on your status as owner, operator, generaEor, transporter,disposer or other person specified in M.G.L. c.2lE, 55. ThisIiability is afso "joinE and several", meaning that you may beIiabl-e for a1l response action costs j-ncurred aE a disposa)- siteregardless of the existence of any other l- j-ab1e partsies. The Department encourages parties wiEh liabiliEies under M,G.L. c.278 Eo take prompt and appropriat.e actions in response to rel-eases and threats of release of oiI and/ or hazardous materials.By Eaking prompt accj.on, you may signi-ficanEly lower your assessmenE and cleanup costs and/or avoid liabiliEy for costsincurred by the DeparEmenE in taking such actions. You may also avoj-d the imposit.ion of. Ehe amount of or reduce certain permiE andT/or annuai compl j.ance assurance fees payable under 310 CMR 4,00. Pl-ease refer to M.G.L. c.2]-E for a comp]ete description ofpotential liability. For your convenience. a summary of liability under M.G.L. c.2lE is atEached to this notice. You should be aware that you may have claims against thirdparties for damages, including claims for conEribut.ion or reimbursement for the costs of cleanup. Such claims do not existj-ndef initely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary t.o protect any such claj-ms you may have againsE Ehird parties. Specific approval is required from the DeparEment for the j-mplementaE j-on of al-1 IRAs, wiE.h the exception of assessment activities, t.he consEruction of a fence and/or the posting of signs. This site shal1 not be deemed to have had a1l- the necessary and required response actions taken for it unless and unEil all substanEiaL hazards presenEed by the rel-ease and/or EhreaE of release have been eliminated and a 1evel of No Significant Risk exists or has been achieved in compliance with M.G.L. c.2lE and the MCP . In addition, the Department requires thaE you submiE a written IRA plan to this office which addresses remedi-a1 actions to be taken at this location wiEhin 50 days from receipt of this Notice. This deadline constitsutea an enforceable interim deadline eetabliehed pursuant to 310 C!{R 40.0L67 ' Additional- submiEtals are necessary with regard to this nocification including, but not limited Eo, the filing of an IRA Completion SEatement andfot a Response Action Outcome (RAO) statemenE. The McP require8 Ehac a fle of $750'00 be submitted t'o ihe Departuren! when "t -RAo EtateDerrt ie f iled greater than 120 days from t-he date of initial notsificatsion' -3- You musE employ or engage a Licensed SiEe Professional (LSP) to manage, supervise or actual-1y perform Ehe necessary responseactions at this site. You may obEain a list of Ehe names andaddresses of these licensed professionals from the Board of Regj-sEration of Hazardous Waste Site Cleanup Professionals at (617) 556 - l-,145 - If you have any questions relative Eo this noEice, pleasecontact l,eonard Pinaud at the letterhead address or at (508) 945-2859. A11 future communications regarding Ehis release mustreference the following Release Tracking Number: 4-11109. Very trufy yours,'7 --..rt)t-J.;!o*L( <1*[.o{,Richard F. Packard, Emergency Response /Not if icati.on Section Chi- e f Release P/LP/jE CERTIFIED MAIL #P556 826 548 RETURN RECE]PT REQUESTED AEtachmentss: Release Notification Form; BWSC-003 and rnstructions Summary of Liability under M.G.I-,. c.21E Board of Selectmen Town HaLl112I Route 28South YarmouEh, MA 02664ATTN: Herbert Schnitzer, Chairman Board of HealEh Town HalI 112 8 Route 28 South Yarmouth, MA 02564ATTN: Barrie C1iff, Chairman Fire DepartmenE Routse 28 South Yarmouth, MA 02664 DEP - SEROATTN: Andrea Papadopoulos. Deputy Regional Director