49 LAFAYETTE STREET - BUILDING INSPECTION t ''f 49 LAFAYETTE STREET
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Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
' Metro Boston/Northeast Regional Office
William Weld
Goverrnn or
Daniel S.Greenbaum
Commissioner
c. February 11i 1993
URGENT LEGAL MATTER: PROMPT REPLY NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
City of Salem Fire Department Notice of Response Action
48 Lafayette Street Pursuant to M.G. L. C. 21E
Salem, MA 01970-3695 RE: SALEM - ERB-N92�1.4.17
9
Lafayette_Street3
Attention: Chief Joseph Sullivan
Dear Chief Sullivan:
This letter is to notify you that the Department will
commence response actions at the above referenced location within
the next few weeks. These actions are being undertaken pursuant
to the Department' s authority under M.G.L. c. 21E, §§ 4 and 8 .
Section four authorizes the Department to take or arrange for
such response actions as it reasonably deems necessary. Section
eight specifically authorizes the Department to enter any site
and areas proximate thereto at reasonable times and upon
reasonable notice to undertake necessary assessment, containment
and removal actions pursuant to section four of chapter 21E.
You have been informed previously of your liability with
regard to this -matter by a Notice of Responsibility dated
'November- 25, 19921:0 That letter offered you the opportunity to
perform, in lieu of the Department, all necessary work at the
above-referenced site. You have failed to conduct the actions
called for in that letter.
The immediate interim response actions at 48 Lafayette
Street, Salem, Massachusetts will include the performance of a
soil gas survey. The survey will involve the installation of
vapor monitoring points, the collection of soil gas from the
monitoring points, and the analysis of soil gas using a portable
gas chromatograph.
10 Commerce Way 9 Woburn, Massachusetts 01801 • FAX (617) 935-6393 • Telephone (617) 935-2160
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1.
Salem Fire Department
Page 2
This work will be performed by Department personnel, and
will take approximately one day to complete.
The Department will continue to assess and will arrange for
the immediate remedial actions at the site as it reasonably deems
necessary in order to protect health, safety, public welfare and
the environment. Likewise, the Department will issue a Notice of
Response Action to the City of Salem Fire Department of any
further immediate response actions at the site.
Unless you are prepared to undertake such response actions
by.,_February 22; 1993 and notify Valerie Armstrong of this office
of such intent with the submittal of a work plan and a signed
contract with a contractor capable of performing the necessary
response activities, the Department will proceed with the actions
outlined above.
Be advised that the Department continues to consider you
liable under M.G.L. c. 21E for up to three times the amount of
all response costs incurred by the Department as well as for
applicable fines, penalties, and damages to natural resources .
This liability was described in detail in the November 25, 1992
Notice of Responsibility. The Department will now commence legal
action, including the filing of a lien against your property,
necessary to recover the costs which it incurs in this matter.
If you have any questions regarding this Notice, you may
contact Valerie Armstrong of this office at (617) 935-2160 .
yruly tours
Anthony FA: Guarciariello
Chief, Emergency Response Branch
ARG/VA/ae
cc: DEP, BWSC, Div. of Response & Remediation, Boston
Mayor Neil J. Harrington, Salem City Hall, 93 Washington
St. , Salem, MA 01970