SALEM TRAIN STATION DEP NOR 1/16/13Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office • 205B Lowell Street, Wilmington MA 01887.978-694-3200
UEVAL L PATRICK RICHARD K. SULLIVAN JR.
Governor Secretary
TIMDFHY P. MURRAY KENNETH L. KIMMELL
Lieutenant Governor Commissioner
Attention: Dana Banks
NOTICE OF RESPONSIBILITY; MGL c. 21E &
310 CMR 40.0000
Dear Ms. Banks:
On December 18, 2012, at 7:38 am, the Massachusetts Department of Environmental
Protection (MassDEP) received oral notification of a release/threat of release of oil/hazardous
material at the subject location, which requires one or more response actions. Based on this
information, MassDEP has reason to believe that the subject property or portion(s) thereof is a
disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and
Response Act, M.G.L. c. 21E and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000.
M.G.L. c.21 E and the MCP govern the assessment and cleanup of disposal sites.
The purpose of this notice is to inform you of your legal responsibilities under state law
for assessing and/or remediating the subject release. For purposes of this notice, the terms and
phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly
indicates otherwise.
This information Is available in alternate format Call Michelle Waters-Ekanem, Diversity Director, at 617.2925761. TDD# 1$66-639-7622 or 1.617-574-6868
MassDEP Webske: v .mass.9ov/dep
Printed on Recycled Paper
January 16, 2013
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
Pan Am Railways
RE: Salem
1700 Iron Horse Park
Salem Train Station
Billerica, MA 01862
Bridge Street
RTN 3-31273
Attention: Dana Banks
NOTICE OF RESPONSIBILITY; MGL c. 21E &
310 CMR 40.0000
Dear Ms. Banks:
On December 18, 2012, at 7:38 am, the Massachusetts Department of Environmental
Protection (MassDEP) received oral notification of a release/threat of release of oil/hazardous
material at the subject location, which requires one or more response actions. Based on this
information, MassDEP has reason to believe that the subject property or portion(s) thereof is a
disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and
Response Act, M.G.L. c. 21E and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000.
M.G.L. c.21 E and the MCP govern the assessment and cleanup of disposal sites.
The purpose of this notice is to inform you of your legal responsibilities under state law
for assessing and/or remediating the subject release. For purposes of this notice, the terms and
phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly
indicates otherwise.
This information Is available in alternate format Call Michelle Waters-Ekanem, Diversity Director, at 617.2925761. TDD# 1$66-639-7622 or 1.617-574-6868
MassDEP Webske: v .mass.9ov/dep
Printed on Recycled Paper
Pan Am Railways
Notice of Responsibility
Page -2-
STATUTORY LIABILITIES
MassDEP also has reason to believe that you (as used in this letter "you" refers to Pan Am
Railways) are a Potentially Responsible Party (PRP) with liability under M.G.L. c. 21E, Section 5,
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 or treatment site from which there is or has been
a release/threat of release of such material; and any person who otherwise 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 or disposer. It is also "joint and several", meaning that you
may be liable for all response action costs incurred at the site, regardless of the existence of any
other liable parties.
The MCP requires responsible parties to take necessary response actions at properties where
there is or has been a release or threat of release of oil and/or hazardous material. If you do not take
the necessary response actions, or fail to perform them in an appropriate and timely manner,
MassDEP is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking
such actions, you can avoid liability for response action costs incurred by MassDEP and its
contractors in performing these actions, and any sanctions, which may be imposed, for failure to
perform response actions under the MCP.
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 hours, 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 (12%),
compounded annually. To secure payment of this debt, the Commonwealth may place liens on all
of 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.
In 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. 2IF, § 11, and
civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of
M.G.L. c. 21E, the MCP, or any order, permit or approval issued hereunder.
Pan Am Railways
Notice of Responsibility
Page -3-
NECESSARY RESPONSE ACTIONS
The subject site shall not be deemed to have all the necessary and required response actions
taken unless and until all substantial hazards presented by the site have been eliminated and a level
of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP.
In addition, the MCP requires persons undertaking response actions at disposal sites to perform
Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and
Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify
MassDEP immediately if such a need exists.
MassDEP has determined that an IRA is necessary to respond to a release of oil
and/or hazardous material at the subject site.
You are authorized to conduct only the specific response actions for which you
received oral approval from MassDEP at the time oral notification was provided to MassDEP
of the subject release. All additional Immediate Response Actions require MassDEP
approval in accordance with 310 CMR 40.0420.
MassDEP reminds you that IRAs must include site assessment activities necessary to
evaluate potential Imminent Hazard (IH), Substantial Release Migration (SRM), and
Critical Exposure Pathway (CEP) conditions. Additional Immediate Response Actions will
be required in the event an IH, SRM, or CEP condition is observed.
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or
actually perform the necessary response actions at the subject site. In addition, the MCP requires
persons undertaking response actions at a disposal site to submit to MassDEP a Response Action
Outcome Statement (RAO) 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 at a disposal site
or portion thereof. [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) 556-1091.]
There are several other submittals required by the MCP which are related to release
notification and/or response actions that may be conducted at the subject site in addition to an RAO,
that, unless otherwise specified by MassDEP, must be provided to MassDEP within specific
regulatory timeframes. The submittals are as follows:
(1) If information is obtained after making an oral or written notification to indicate that the
release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR
40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.0317, a
Notification Retraction may be submitted within 60 days of initial notification pursuant to
310 CMR 40.0335; otherwise,
Pan Am Railways
Notice of Responsibility
Page -4-
(2) If one has not been submitted, a Release Notification Form (RNF) [copy attached] must be
submitted to MassDEP pursuant to section 310 CMR 40.0333 within 60 calendar days of
the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300
or from the date MassDEP issues a Notice of Responsibility (NOR), whichever occurs
earlier;
(3) Unless an RAO or Downgradient Property Status Submittal is provided to MassDEP earlier,
an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420,
or an IRA Completion Statement (310 CMR 40.0427) must be submitted to MassDEP
within 60 calendar days of the initial date of oral notification to MassDEP of a release
pursuant to 310 CMR 40.0300 or from the date MassDEP issues an NOR, whichever occurs
earlier; and
(4) Unless an RAO or Downgradient Property Status Submittal is provided to MassDEP earlier,
a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, and, if
appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be
submitted to MassDEP within one year of the initial date of oral notification to MassDEP of
a release pursuant to 310 CMR 40.0300 or from the date MassDEP issues an NOR,
whichever occurs earlier.
(5) Pursuant to the MassDEP's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00,
a fee of $1,200 must be included with an RAO statement that is submitted to MassDEP
more than 120 calendar days after the initial date of oral notification to MassDEP of a
release pursuant to 310 CMR 40.0300 or after the date MassDEP issues an NOR, whichever
occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to
MassDEP within 120 days of the date of oral notification to MassDEP, or from the date
MassDEP issues an NOR, whichever date occurs earlier, or after Tier Classification.
It is important to note that you must dispose of any Remediation Waste generated at the
subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated
soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of
an LSP or, if the response action is performed under the direct supervision of MassDEP, the
signature of an authorized representative of MassDEP.
MassDEP encourages parties with liabilities under M.G.L. c. 21E to take prompt action in
response to releases and threats of release of oil and/or hazardous material. By taking prompt
action, you may significantly lower your assessment and cleanup costs and avoid the imposition of,
or reduce the amount of, certain permit and annual compliance fees for response actions payable
under 310 CMR 4.00.
Pan Am Railways
Notice of Responsibility
Page -5-
If you have any questions relative to this notice, you should contact the undersigned at the
letterhead address or (978) 694-3386. All future communications regarding this release must
reference the Release Tracking Number (RTN) 3-31273 contained in the subject block of this
letter.
Sincerely,
The Massachusetts Department of Environmental Protection is providing this final document
copy to you electronically. A signed copy of the original document is on file at the DEP's
Northeast Region records office located in Wilmington, Massachusetts.
Ida Babroudi
Environmental Engineer
Bureau of Waste Site Cleanup
cc: Board of Health, City of Salem, Joanne Scott
"via electronic submittal", iscott@salem.com
MassDEP data entry/file (NOR / Issued)
Attachment: Release Notification Form; BWSC - 103