14 New Derby St. DEP NOR 7-24-19 lCommonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 01887 .978-694-3200
Charles D.Baker Kathleen A.Theoharides
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor JUL 2 /, 2019 Commissioner
David Delande as Trustee of Sheffield Realty Trust RE: Salem
58 Pulaski Street 14 New Derby Street
Peabody, MA 01960 RTN 3-35686
Attention: David Delande
NOTICE OF RESPONSIBILITY PER M.G.L.c.21E & 310 CMR 40.0000,the
MASSACHUSETTS CONTINGENCY PLAN
THIS ISANIMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTIONINRESPONSE
TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Mr. Delande:
Information contained in a Release Notification Form submitted to the Massachusetts
Department of Environmental Protection(MassDEP)on June 21, 2019, by David Delande as
Trustee of Sheffield Realty Trust indicates that there is or has been a release of Oil and/or
Hazardous Material at the above-referenced property which exceeds a"120 day" reporting threshold
(310 CMR 40.0315)and 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,
310 CMR 40.0000(the MCP). 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 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.
STATUTORY LIABILITIES
MassDEP has reason to believe that you(as used in this letter, "you" refers to David
Delande as Trustee of Sheffield Realty Trust) are a Potentially Responsible Party with liability
under M.G.L. c. 21E, § 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
This information Is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.Try#MassRelay Service 1.800-439-2370
MassDEP Website:v mass.gov/dep
Printed on Recycled Paper
David Delande as Trustee of Sheffield Realty Trust
Notice of Responsibility
Page 2
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 it is not based on fault,but solely on your status as an
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. 2 1 E to have the work performed by its contractors.
By taking such Response Actions,you can avoid liability for Response Action Costs incurred by
MassDEP and its contractors in performing these actions, and for possible sanctions,which may be
imposed for failure to perform necessary 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. 21E, § 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 thereunder.
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.
David Delande as Trustee of Sheffield Realty Trust
Notice of Responsibility
Page 3
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or
actually perform the necessary Response Actions at the subject Site. hi addition, the MCP requires
persons undertaking response actions at a Disposal Site to 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
hqp://www.mass.gov/eea/agencies/lsp/or(617) 556-1091.]
MassDEP has determined that initial site investigation activities, in accordance with 310
CMR 40.0405, are necessary. In addition, unless a Permanent Solution Statement is submitted
earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, must be
submitted to MassDEP within one year of the initial notice of a release provided to MassDEP
pursuant to 310 CMR 40.0300 or from the date MassDEP issues a Notice of Responsibility,
whichever occurs earlier.
It is important to note that you must dispose of any Remediation Waste generated at the
subject Site 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 Annual Compliance Fees for Response Actions payable under 310 CMR
4.00.
If you have any questions relative to this notice, you should contact Ida Babroudi at the
letterhead address or (978) 694-3386. All future communications regarding this release must
reference the Release Tracking Number RTN 3-35686 contained in the subject block of this
letter.
Very truly yours,
Ida Babroudi
Environmental Engineer
Bureau of Waste Site Cleanup
MassDEP,Northeast Regional Office
cc: Board of Health, City of Salem
"via electronic submittal",healthgsalem.com
MassDEP data entry/file (NOR/Issued)