12, 14, 16 CEDAR ROAD DEP RFI 5-30-23
Maura T. Healey
Governor
Kimberley Driscoll
Lieutenant Governor
Rebecca L. Tepper
Secretary
Bonnie Heiple
Commissioner
This information is available in alternate format. Please contact Melixza Esenyie at 617-626-1282.
TTY# MassRelay Service 1-800-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
May 30, 2023
Stephen S. Ingemi, as Trustee of RE: SALEM-
J. L. Realty Trust 12, 14, 16 Cedar Road
16 Vista Avenue
Salem, MA 01970
REQUEST FOR INFORMATION
URGENT LEGAL MATTER: PROMPT REPLY NECESSARY
M.G.L. c. 21E, §§ 2, 4, & 8
Dear Stephen Ingemi:
The Massachusetts Department of Environmental Protection (“MassDEP”) is conducting
an evaluation of the properties at 12, 14, and 16 Cedar Road Salem, Massachusetts (herein referred
to as “the Properties”). As a part of this evaluation, MassDEP hereby issues this Request for
Information (“RFI”) pursuant to its authority to gather information, and to investigate, sample, and
inspect records, conditions, equipment, practices, and property under M.G.L. c. 21E, §§ 2, 4, and
8, and under the Massachusetts Contingency Plan (“MCP”) 310 CMR 40.0165.
Pursuant to these authorities, you (as used in this RFI, the term “you” refers to Stephen S.
Ingemi, as Trustee of J. L. Realty Trust, and/or any and all individuals acting on the behalf of J. L.
Realty Trust) are directed to provide MassDEP with the information and documents requested in
this RFI before the close of business on Friday, July 7, 2023. This deadline constitutes an
enforceable Interim Deadline pursuant to 310 CMR 40.0167. If you fail to fully and properly
respond by the Interim Deadline, you could be subject to legal action including court-imposed civil
penalties, and/or civil administrative penalties assessed by MassDEP.
In responding to this RFI, please provide all responsive Documents, as that term is defined
in the Definition Section of the attached RFI. Other sources of information to respond to this RFI
should include, but not be limited to: business records and correspondence; reports prepared by
you or others; interviews, discussions and correspondence with present and former employees,
officers, directors, contractors and consultants.
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 3
12, 14, 16 Cedar Road, Salem
GENERAL INSTRUCTIONS FOR RESPONDING
TO THE ATTACHED REQUEST FOR INFORMATION
I. Separate Numbered Responses; Document Production
A separate response must be made to each request set forth in the attached Request for
Information. You are instructed to precede each response with the number of the request to which
it corresponds. Where specific information has not been memorialized in any document but is
nonetheless responsive to a request, you must respond to the request with a written response setting
forth such information. If you generate a data table as part of a written response, provide that data
table electronically in a sortable Excel spreadsheet. Interviews with present and former employees,
officers, directors, contractors and consultants should be conducted, if necessary, to obtain the
information requested. You are further instructed to provide MassDEP with a photocopy of or
access to each and every document, which is responsive to a request. If any document or
information responsive to a request is not in your possession, custody or control, you must identify
the document or information, state that you do not have the document or information requested
and, if you know, identify of the person(s) from whom such document or information may be
obtained. The fact that investigation is continuing shall not excuse failure to answer each request
as fully as possible.
II. Continuing Request
The attached Request for Information is continuing, and to the extent that the responses
may be enlarged or modified by documents or information subsequently acquired by you, you are
instructed to supplement your responses immediately upon acquisition of such documents or
information.
III. Documents Claimed To Be Protected From Disclosure
You must provide MassDEP with access to or a photocopy of each and every document
responsive to a request, unless you claim any such document is protected from disclosure.
For each and every document which you claim is protected from disclosure, you must
separate the parts of the document which you claim are protected from the parts which you do not
claim are protected. You must submit to MassDEP the parts of the document, which you do not
claim are protected from disclosure. You must also provide MassDEP with a statement as to the
nature of the protected information and the basis of your claim that the information is protected
from disclosure.
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 4
12, 14, 16 Cedar Road, Salem
DEFINITIONS
Unless otherwise specified below, words and phrases used in the attached Request for
Information shall have the meaning ascribed to such words and phrases by M.G.L. c. 21E, and/or
310 CMR 40.0000 et seq ("Massachusetts Contingency Plan"), unless the context clearly indicates
otherwise.
The following definitions shall apply to the following words and phrases as they appear in
the attached Request for Information, unless the context clearly indicates otherwise:
Asbestos-containing material (ACM) as defined in 310 CMR 7.15, means any material
containing 1% or more asbestos as determined by a laboratory using protocols set forth in the
Method for the Determination of Asbestos in Bulk Building Materials found in EPA report
EPA/600/R-93/116, or another method as directed by the Department. Asbestos-containing
material includes, but is not limited to, sprayed-on and troweled-on materials applied to ceilings,
walls, and other surfaces; insulation on pipes, boilers, tanks, ducts, and other equipment, structural
and non-structural members; tiles; asphalt roofing or siding materials; or asbestos containing
paper.
Asbestos-containing waste material as defined in 310 CMR 7.15, means any ACM
removed during a demolition or renovation project and anything contaminated with asbestos in the
course of a demolition or renovation project including, but not limited to, asbestos waste from
control devices, bags or containers that previously contained asbestos, contaminated clothing,
materials used to enclose the work area during the demolition or renovation operation, and
demolition or renovation debris. Asbestos-containing waste material shall also include ACM on
and/or in facility components that are inoperable or have been taken out of service and any ACM
that is damaged or deteriorated to the point where it is no longer attached as originally applied or
is no longer serving the intended purpose for which it was originally installed.
Communication means any manner or form of information or message transmission,
however produced or reproduced, whether by document, orally, electronically, or otherwise, that
is made, distributed and/or circulated between or among persons or data storage or processing
units.
Department or MassDEP means the Massachusetts Department of Environmental
Protection.
Document means and includes, but is not limited to, in the plural as well as the singular,
all writings, graphic materials, electronic data, computer memory, recordings of any nature
whatsoever or any other tangible thing by which information is contained, stored, or displayed of
every kind and description, however produced or reproduced, whether draft or final, original or
reproduction, signed or unsigned, and regardless of whether it was approved, sent, received,
redrafted, or executed, including, but not limited to, contracts, agreements, communications,
correspondence, telegrams, faxes, memoranda, records, reports, compilations, files, diaries,
calendars, summaries, surveys, studies, analyses, charts, graphs, notebooks, plans, drawings,
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 5
12, 14, 16 Cedar Road, Salem
diagrams, blueprints, maps, sketches, waste site cleanup activity reports and opinions, logs,
statistical statements, accounts, analytical records, minutes, summaries or records of meetings,
conversations or conferences, consultant's reports, notes, notations including marginalia and
comments attached to any document, bills, invoices, checks, and all other written, printed,
recorded, electronic, magnetic or photographic matter, however produced or reproduced
Hazardous Material is defined in M.G.L. c. 21E § 2 to include, but is not limited to, any
material, in whatever form, which, because of its quantity, concentration chemical, corrosive,
flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in
combination with any substance or substances constitutes a present or potential threat to human
health, safety, welfare, or to the environment, when improperly stored, treated, transported
disposed of, used, or otherwise managed. The term shall not include oil. The term shall also
include all those substances which are included under 42 U.S.C. § 9601(14), but it is not limited
to those substances.
Hazardous Waste is defined in M.G.L. c. 21C § 2 to mean a waste, or combination of
wastes, which because of its quantity, concentration, or physical, chemical or infectious
characteristics may cause, or significantly contribute to an increase in mortality or an increase in
serious irreversible, or incapacitating reversible illness or pose a substantial present or potential
hazard to human health, safety or welfare or to the environment when improperly treated, stored,
transported, used or disposed of, or otherwise managed, however not to include solid or dissolved
material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial
discharges which are point sources subject to permits under section 402 of the Federal Water
Pollution Control Act of 1967 as amended, or source, special nuclear, or byproduct material as
defined by the Atomic Energy Acts of 1954.
Identify means (a) with respect to a natural person, to state the person's full name, present
or last known business and home address and telephone number; and the person's present or last
known job title, position or business and responsibilities in that position; (b) with respect to persons
other than natural persons, to state its proper name or designation; the address of its principal
office; legal form (i.e., corporation, partnership, etc.), state in which it was incorporated, if
applicable, or formed, and a brief description of its business; and (c) with respect to a document,
to state whether the document currently is in existence; the date the document bears or bore or if
undated, the date it was written; the name and address of each person who wrote it or participated
in the writing of it; the name and address of each person who received a copy of the document; a
description of the type of document; a detailed summary of the contents of the document; its
present location or custodian, or if unknown, its last known location or custodian; and if the
document is no longer in existence or no longer is in your possession, custody or control, the
disposition made of it, the reason(s) for such disposition and the date thereof, and (d) with respect
to any communication, be it verbal or written, to state the date of the communication; the place
where the communication was made; the author of the communication as it was written; identify
names, titles and work address and phone numbers of all of the parties to and, if written, recipients
of the communication; and a brief summary of the substance of the communication.
Oil means insoluble or partially soluble oils of any kind or origin or in any form, including,
without limitation, crude or fuel oils, lube oil or sludge, asphalt, insoluble or partially insoluble
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 6
12, 14, 16 Cedar Road, Salem
derivatives of mineral, animal or vegetable oils and white oil. The term shall not include waste oil,
and shall not include all those substances which are included under 42 U.S.C. § 9601(14).
Person means, in the plural as well as the singular, any agency or political subdivision of
the federal, state or local government; any state, public or private corporation or authority; any
individual, trust, firm, joint stock company, partnership, association or other entity; any officer,
employee, or agent of such person; and any group of persons.
The Properties means the real property located at 16 Barnes Road, 12 Cedar Road, 14 Cedar
Road, and 16 Cedar Road, Salem, Massachusetts.
Waste Oil means used and/or reprocessed, but not subsequently refined, oil that has served
its original intended purpose. Waste oil includes, but is not limited to, used and/or reprocessed
fuel oil, engine oil, gear oil, cutting oil, and transmission fluid and dielectric fluid.
You and your each refer to Stephen S. Ingemi, as Trustee of J. L. Realty Trust, u/d/t dated
June 4, 1995 and recorded with the Essex South Registry District of the Land Court as Document
No. 309279 (“J. L. Realty Trust”) and/or any and all individuals acting on the behalf of Stephen
S. Ingemi and/or J. L. Realty Trust.
The words "and" as well as "or" shall be construed disjunctively or conjunctively as
necessary to bring within the scope of the request all responses which might otherwise be construed
to be outside its scope.
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 7
12, 14, 16 Cedar Road, Salem
REQUEST FOR INFORMATION PURSUANT TO M.G.L. c. 21E
and 310 C.M.R. 40.0000 et seq.
Consistent with the "General Instructions and Definitions" incorporated herein, please
respond to the following requests for information. In so responding, furnish all information or
facts known to you or ascertainable by you, regardless of whether such information is directly in
your possession or that of any corporation or entity which you own or control, as well as your
respective experts, agents, employees or representatives. Attach to your answer any and all
documents which relate to, refer to or concern any information requested or identified in the
following requests for information. You are reminded that a separate answer shall be furnished
for each request for information and that each subpart shall be treated as a separate request for
information requiring a separate answer. Incomplete or evasive answers will be deemed to be a
failure to answer. If any of these requests for information cannot be answered fully and
completely, you are requested to answer to the extent possible, specifying the reasons for your
inability to answer the remainder and stating the substance of your knowledge, information, or
belief concerning the subject matter of the unanswered portion. Lack of information or knowledge
is not a reason to not answer a request for information unless you have made reasonable inquiry
and unless information known or obtainable from such inquiry is insufficient to enable you to
provide the requisite answer. In such cases, you are requested to identify the efforts which you
took to obtain the information and the efforts which you intend to make to secure the information
currently unavailable. Finally, these requests for information are deemed continuing in nature and
must be supplemented or amended if you or anyone acting on your behalf learns of information
which renders a previous answer incomplete or inaccurate.
According to information in MassDEP's files and publicly available information, including
a December 6, 1976 letter from the Salem Board of Health to the Department of Environmental
Quality Engineering (now known as the Department of Environmental Protection) that states, “For
some time the Salem Health Department and the Salem Conservation Commission have tried to
have ‘prolerized material’ removed from Ingemi property off Highland Avenue in the City of
Salem, however without success….The ‘prolerized material’ has been placed in wetland areas
adjacent and contiguous to the Forest River in Salem.” Such “Ingemi property” may include, but
may not be limited to, one or more of the properties at 355 Highland Avenue, 373 Highland
Avenue, 379 Highland Avenue, 383 Highland Avenue, 14 Barnes Road, 16 Barnes Road, 2 Cedar
Road, 3 Cedar Road, 5 Cedar Road, 6 Cedar Road, 9 Cedar Road, 10 Cedar Road, 12 Cedar Road,
14 Cedar Road, 15 Cedar Road, 16 Cedar Road, and 18 Cedar Road (collectively, "the Properties"),
Salem, Massachusetts. In addition, test pits performed by The Morin-Cameron Group, Inc. on
behalf of Overlook Acres, LLC in April 2020 on portions of the Properties indicate shredded car
bodies and automobile parts were encountered as deep as 12 feet below grade in some locations,
including 14 Barnes Road, 12 Cedar Road, and 14 Cedar Road.
Based on the information above, and the need to ensure that any potential exposures to oil
and/or hazardous materials by the public or the environment are identified and mitigated, as
necessary, MassDEP is requesting the following.
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 8
12, 14, 16 Cedar Road, Salem
Please respond to the following requests for information:
1. Identify all former and current trustee(s) of J. L. Realty Trust and the identify the years each
trustee served.
2. Identify when the Properties were acquired by J. L. Realty Trust and provide current deeds
for each individual property.
3. Identify any current or former operations, that occur(ed) during J. L. Realty Trust’s ownership
of 12 Cedar Road, 14 Cedar Road, and/or 16 Cedar Road, Salem, Massachusetts. Operations
may include but are not limited to current or former businesses, habitation, tenant occupancy,
utilization for equipment staging or storage, property improvements, etc.
4. State the nature of J. L. Realty Trust’s business during the ownership period of 12 Cedar Road,
14 Cedar Road, and/or 16 Cedar Road, Salem, Massachusetts.
5. State whether you, anyone acting on your behalf, and/or anyone to your knowledge has, by
contract, agreement, or otherwise, directly or indirectly, arranged for the transport of shredded
automotive parts, automotive “fluff”, Prolerized waste materials, solid waste, used automotive
parts, fill materials, waste oil, or hazardous materials, to or in 12 Cedar Road, 14 Cedar Road,
and/or 16 Cedar Road, Salem, Massachusetts.
6. State whether you, anyone acting on your behalf, and/or anyone to your knowledge has, by
contract, agreement, or otherwise, directly or indirectly, arranged for the disposal of shredded
automotive parts, automotive “fluff”, Prolerized waste materials, solid waste, used automotive
parts, fill materials, waste oil, or hazardous materials, to or in 12 Cedar Road, 14 Cedar Road,
and/or 16 Cedar Road, Salem, Massachusetts.
7. State whether you, anyone acting on your behalf, and/or anyone to your knowledge has, by
contract, agreement, or otherwise, directly or indirectly, arranged for the treatment of
shredded automotive parts, automotive “fluff”, Prolerized waste materials, solid waste, used
automotive parts, fill materials, waste oil, or hazardous materials, to or in 12 Cedar Road, 14
Cedar Road, and/or 16 Cedar Road, Salem, Massachusetts.
8. If your answer is yes to requests 5, 6, or 7, please:
a. Describe in detail your knowledge of such activity, contract, agreement, or arrangement
for the transport, disposal, or treatment of shredded automotive parts, automotive fluff,
Prolerized waste materials, solid waste, used automotive parts, fill materials, waste oil, or
hazardous materials, to or at 12 Cedar Road, 14 Cedar Road, and/or 16 Cedar Road,
Salem, Massachusetts;
b. Identify the person(s) who conducted such activities;
c. State the purpose of such activities;
d. Submit any documentation, by copy or by reference, as you know to exist relative to
such activities; and
e. Submit the results of all assessment, sampling, or other testing of the material,
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 9
12, 14, 16 Cedar Road, Salem
including the name of type and level of any oil and/or hazardous material (as these
terms are defined in the Massachusetts Oil and Hazardous Materials List, 310 CRM
40.1600) detected in such material.
9. Provide any information regarding dealings, communication or documents with any
member(s) of Prolerized New England Company, LLC.
10. Provide any information, communication, or documents in your possession or known to you
concerning the presence of all waste materials, including auto shredder waste, at 12 Cedar
Road, 14 Cedar Road, and/or 16 Cedar Road, Salem, Massachusetts.
11. Provide any information, communication, or documents in your possession or known to you
concerning environmental sampling, data, or investigations that have occurred at 12 Cedar
Road, 14 Cedar Road, and/or 16 Cedar Road, Salem, Massachusetts. Documents may
include but are not limited to inspection notes, laboratory reports, test pit and/or soil boring
logs, and site plans/figures.
12. State whether you, anyone acting on your behalf, and/or anyone to your knowledge has, by
contract, agreement, or otherwise, directly or indirectly, arranged for the transport of asbestos-
containing materials or asbestos-containing waste material, to or in 12 Cedar Road, 14 Cedar
Road, and/or 16 Cedar Road, Salem, Massachusetts.
13. State whether you, anyone acting on your behalf, and/or anyone to your knowledge has, by
contract, agreement, or otherwise, directly or indirectly, arranged for the disposal of asbestos-
containing materials or asbestos-containing waste material, to or in 12 Cedar Road, 14 Cedar
Road, and/or 16 Cedar Road, Salem, Massachusetts.
14. If your answer is yes to requests 12 or 13, then please:
a. Describe in detail your knowledge of such activity, contract, agreement, or arrangement
for the transport, disposal, or treatment of asbestos-containing materials or asbestos-
containing waste material, to or at 12 Cedar Road, 14 Cedar Road, and/or 16 Cedar
Road, Salem, Massachusetts;
b. Identify the person(s) who conducted such activities;
c. State the purpose of such activities;
d. Submit any documentation, by copy or by reference, as you know to exist relative to
such activities; and
e. Submit the results of all assessment, sampling, or other testing of the material,
including the name of type and level of any oil and/or hazardous material (as these
terms are definted in the Massachusetts Oil and Hazardous Materials List, 310 CRM
40.1600) detected in such material.
15. Provide any information, communication, or documents of J. L. Realty Trust regarding the
delivery of shredded automotive parts, automotive fluff, Prolerized waste materials, solid
waste, used automotive parts, fill materials, waste oil, or hazardous materials, to any location
in Salem, Massachusetts other than 12 Cedar Road, 14 Cedar Road, and/or 16 Cedar Road,
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 10
12, 14, 16 Cedar Road, Salem
Salem, Massachusetts.
16. Produce and submit a copy of all documents or records which relate to, or concern any
information requested in this document.
Stephen Ingemi, as Trustee of J. L. Realty Trust - RFI Page 11
12, 14, 16 Cedar Road, Salem
CERTIFICATION OF SUBMITTAL
310 CMR 40.0009(1) and (6)
Re: REQUEST FOR INFORMATION
Stephen S. Ingemi, as Trustee of J. L. Realty Trust
Re: SALEM - 12 Cedar Road, 14 Cedar Road, 16 Cedar Road, Salem, Massachusetts
I, _____________________________, attest under the pains and penalties of perjury (i) that I have
personally examined and am familiar with the information contained in this submittal, including any and all
documents accompanying this submittal, (ii) that, based on my inquiry of those individuals immediately
responsible for obtaining the information, the material information contained in this submittal is, to the best of
my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this
attestation on behalf of the person or entity legally responsible for this submittal. I/the person or entity on whose
behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to,
possible fines and imprisonment, for willfully submitting false, inaccurate or incomplete information.
By: _______________________________
Signature
__________________________________
Title
Date: ________________