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MOULTON AVENUE NOR Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection Northeast Regional Office•150 Presidential Way Woburn, MA 01801 . 978-694-3200 Maura T.Healey Rebecca L.Tepper Governor Secretary Kimberly Driscoll Bonnie Heiple Lieutenant Governor Commissioner URGENT LEGAL MATTER: PROMPT ACTION NECESSARY September 5,2025 Waste Management Disposal Services RE: Salem of Massachusetts, Inc. Roadway between 3-7 Moultan Ave 14 Taylor Avenue Moultan Avenue Rochester,NH 03839 RTN: 3-52346 Attention: Stephen Dowaliby,Environmental Protection Specialist Issued via electronic mail: sdowalib c-wm.com NOTICE OF RESPONSIBILITY; MGL c. 21E & 310 CMR 40.0000 Dear Stephen Dowaliby, On August 21, 2025, at 11:27 a.m., 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. 2 1 E and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. M.G.L.c.21E and the MCP govern the assessment and cleanup of Disposal Sites. The purpose of this notice is to inform you (as used in this letter "you" refers to Waste Management Disposal Services of Massachusetts,Inc.)of your legal responsibilities under state law This information is available in alternate format Please contact MassDEP at 617-292-5500. TTY#MassRelay Service 1-800-439-2370 MassDEP Website:www.mass.gov/dep Printed on Recycled Paper Waste Management Disposal Services of Massachusetts, Inc. Notice of Responsibility Page 2 of 6 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. STATUTORY LIABILITIES MassDEP also has reason to believe that you 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.21 E, § 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. Waste Management Disposal Services of Massachusetts, Inc. Notice of Responsibility Page 3 of 6 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. 21 E and the MCP. In addition, the MCP requires persons undertaking Response Actions at Disposal Sites 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. 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 that one or more of these conditions are 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 submit to MassDEP a Permanent Solution Statement 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 or httL)://www.mass.,-,ov/eea/a,-,encies/IsL)/. 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 a Permanent Solution Statement 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; Waste Management Disposal Services of Massachusetts, Inc. Notice of Responsibility Page 4 of 6 (2) If a Notification Retraction has not been submitted,a Release Notification Form(RNF)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. The RNF can either be submitted electronically or using the PDF Form at http://www.mass.gov/eea/does/dep/cleanup/approvalsibwsc-103.pdf; (3) Unless a Permanent Solution Statement 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 a Permanent Solution Statement or Downgradient Property Status Submittal is provided to MassDEP earlier,a completed Tier Classification Submittal pursuant to 310 CMR 40.0510 must be submitted within one year of the initial date of notification of a release pursuant to 310 CMR 40.0300 or from the date MassDEP issues an NOR,whichever occurs earlier or as otherwise specified by the Department in an Interim Deadline or order issued pursuant to 310 CMR 40.0501 (2). (5) Pursuant to MassDEP's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, the appropriate fee must be included with a Permanent Solution 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 more than 120 calendar days after the date MassDEP issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for a Permanent Solution Statement submitted to MassDEP within 120 days of the date of oral notification to MassDEP, or within 120 days of 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 liability 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 annual compliance fees for response actions payable under 310 CMR 4.00. Waste Management Disposal Services of Massachusetts,Inc. Notice of Responsibility Page 5 of 6 If you have any questions relative to this notice, you should contact Maxwell Scott by email at maxwell.scott a mass.,,;ov, at the letterhead address, or by calling (978) 447-0684. All future communications regarding this release should reference the Release Tracking Number contained in the subject block of this letter. Sincerely, �DA Tiffany Duhl Environmental Analyst, Site Management Program Bureau of Waste Site Cleanup,Northeast Regional Office eCC: Board of Health, City of Salem,Public Health Agent,Mr.David Greenbaum,RS. d,-,reenbaum a Salem.com MassDEP Data Entry/file (NOR/Issued) Waste Management Disposal Services of Massachusetts, Inc. Notice of Responsibility Page 6 of 6 Please Be Aware of MassDEP Fees Unless response actions at this site are completed within one year of the release notification date,you will be Filled an Annual Compliance Assurance Fee by MassDEP for each year thereafter up to and including the year in which a Permanent Solution is achieved and filed for this disposal site.Annual Compliance Assurance Fees cover a portion of MassDEP's costs for ensuring compliance of response actions with the Massachusetts Contingency Plan.Annual Compliance Assurance Fees are issued pursuant to M.G.L.chapter 21E Section 3B and 310 CMR 4.00, the Timely Action Schedule and Fee Provisions. Fee categories and rates are summarized as shown below. Fees invoiced by MassDEP are considered a debt to the Commonwealth. Unpaid fee invoices are typically referred for collection action. Contact your Licensed Site Professional to discuss what is necessary to complete the response actions required for this site as quickly as possible. For more information on the Annual Compliance Assurance Fees that apply in your case, see the "Fees and Payments" entry at httos•Jhvww.mass.aov/lists/site-cleanuo-fact-sheets or contact your Licensed Site Professional or the MassDEP Fee inquiry line at(617)292-5545. A thorough & timely cleanup will result in fewer MassDEP Fees. r5: UMMARY OF MassDEP ANNUAL COMPLIANCE ASSURANCE FEES Timing of Submittal(for One-Time fees) Fee Rate Fee Category Within 120 days of After 120 days and prior After Tier Non-Homeowner Homeowner' initial notification to Tier Classification Classification Permanent Solution Permanent Solution Fee see Note' $1,470 $735 RAM Plan RAM Fee RAM Fee $960 $490 Dos DPS Fee DPS Fee $1,965 $1,965 Notice of AUL AUL Fee AUL Fee AUL Fees $2.000 $1000 TierlD $4,915 $2455 Tier $4,320 $1,225 Tierll $2,455 $1,225 Temporary Solution $960 $490 Phase V =Stt.s ne-Time Fees must be paid when submittal is made. ica Regular Annual Fees are billed by MassDEP after Tier Classification;Fee Category is based on Status of site onCompleted Homeowner Certification Form BWSC120 is required to qualify for lower Homeowner fee rates. One-Time Permanent Solution Fee also applies ifsite is Tier ID and submittal is made within first 90 days afte ne-Time AUL Fee is applicable for a Notice of AUL filed prior to or cones rrent with a Permanent Solution.