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Home My WebLink About21E 2000,/ a.Couuolweat rH oF MASSACHUSETTS E>ocurnre OFFICE op ElwtRoNvrP PY ARGEO PAT'L CELLUCCI GoverDor JANE SWIFT LieuteoaDt Govemor DEpARTMENT or ETvTnoNMENTAL Pnolpctron 20 RIVERSIDE DRIVE, LA(EVILLE, MA 02347 508-946-2700 URGf,NT LEGAL MATTER: PROMPT ACTION IIECESSARY CERTIFIED I'[dIL: RETURN RECEIPT REQTIESTED June 2, 2000 YARMOUIH-BWSC 312 Camp Street RTN# +15502 BOB DURAND Secretaiy I,AUREN A. USS Como.issroner Mr. Tom Walsh General Manager Scudder & Taylor Oil Co. 54 Bodick Road Hyannis, Massachusetts 0260i RE NOTICE O F RESPONSIBILITY M.G.L. c 21E, 310 CMR 40.0000 ATTENTION: Mr. Walsh On May 26,2000 at 4:50 pm the Deparrnent 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 requtes one or more response actions. The Yarmouth Fire Departuent notified the Departnent that two oil deliveries had been made by Scudder & Taylor to the above ground storage tank (AST) on May 23 and May 25 respectively. An rmdetermined quantity of oil was released from the vent pipe on May 25 during the second delivery. The release impacted the soil adjacent to tle vent pipe located on the side ofthe house. Enviro.safe Corp. was retained to conduct the required response actions. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G-L c.21E, and rle Massachusetts Contingency Plan (tbe'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 from this release and/or threat of release and govem the conduct of such actions. The purpose of this notice is to infom: you of your legal responsibilities under State law for assessi.ng and/or remediating the release at ,frir p.p"al. For purposeJ of this Notice of Responsibility, the terms and pbrases used herein shall have the m"uoirr! ,."*"a to such terrns and phrases by the MCP unless tJre context clearly indicates otherwise' TheDepartmenthasreasontobelievethatthereleaseand/orthreatofreleasewhichhasbeen reported is or rnay be a disposal site as defined by the M.c.P. The Department also has reason to believe ,diy", t* u".a io tnis lettir, "you', refers to Scudder & Taylor oil Companj are a Potentially. Responsible puray tu;pnpt with liability under M.G.L. c.2lE g5, for response action costs. This liabiiity is "strict"' ."*iog t},ut it is not based on fault, but solely on your status as owner' op€rator, generator, transPorter, ;;;J;;;rh".p".son specified in M.G.L. c.zlr $5. This liability is also ' joint and several", meaning that Thn informrrion i! ,vriLblc ir rh.rDitc form.i by cllllrg our ADA coordhrlor.r (617) 574-642' oep on &e r /orrffi wd ;TffiT*"*,*.,o0", 2 - l, , . you may bellia6ielfor all response action costs incurred at a disposal site regardless ofthe existence of any other liable parties The Departrnent encourages parties witi tiabilities under M.G.L. c.21E o take prompt and appropriate actions in response to rcleases ald threats ofrelease of oil and/or hazardous materials. By taking prompt actiorL you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Departnent in taking such actions. You may also avoid the imposition of, the amount ofor reduce certain permit and/or annual compliance assru:rnce fees payable under 310 CMR 4.00. Please refer to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c.2lE 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 that establish the time allowed for bringing litigation. The Departnent encourages 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 Deparrnent, the following response actions were approved as an lmmediate Response Action (fRA): The removal ofup to three 55 gallon drums of coqtam inated soil from the 2'x 12'area. All Remediation Waste must be poperly stored/handled and disposed of within 120 days fiom the date of generation per 3 l0 CMR 40.0030. ACNONS REQTIBE! Additional submittals are necessary with regard to this notification including, 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) pursuant to 310 CMR 40.0420 and 310 CMR 40.0443, respectively. Assessment activities, the conshuction of a fence and/or dte posting of signs are actions that are exempt from this approval requirement. In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification Fornr @WSC-103, attached) be submitted to the Departrnent withir sixty (60) calendar days ofMay 26, 2000. 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 Regisn'ation of Hazardous Waste Site Cleanup Professionals at (617) 555.1145. Unless otherwise provided by the Departrnenq potentially responsible parries ("PRP's") have one year fiom the initial date of notification to the Departrnent of a release or threat of a release, pursuart to 3 I 0 CMR 40.0300, or from the date the DeparEnent issues a Notice of Responsibility, whichever occurs earlier, to file with the Deparment one of the following submittals: (1) a completed Tier Classification Submittal; (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either ofthe first two submittals for this disposal site isMay 26,2001. If required by the MCp, a completed Tier I Permit Application musr also accompany a Tier Classification Submittal. 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 oi release have been eliminated .- ^\ 3 and a level of No Significant fusk exists or has been achieved in complialce lrith M.G.L. c.2lE and the MCP. If you have any questions relative to this Notice, please contactJulie J. Hutcheson at the letterhead address oi at (508) 946-2352. Ail future communications regarding this release must reference the following Release Tracking Number: 4.15502. Very truly yours, Q.-f"^S Richard F. Packard, Chief Emergency Response Release Notifi cation Section P/JJllrDL CERTIFIED MALL # Z 240 866 450 RETURN RECEIPT REQIIESTED Attachments Board of Health 1 146 Route 28 S. Yarmouth, MA 02664 Board of Selecuren Town Offices - State Road Yarmoutiu MA 02664 Yarmouth Fire DePartrnent 94 Main Street S. Yarmouth, MA 02664 Enviro-Safe Corp. ,149 Route 6.4 East Sandwich, MA 02537 ATTN: Heather Atwood Mr. & Mrs. William Banks 312 Camp Steet Yarmouth, MA 02673 Release Notification Fornu BWSC- 103 and Instructions Summary of Liability under M.G.L. c.21E Departrnent's guide to hiring a Licensed Site Professional. Cc: