Loading...
DEP Notice of Responsibility 9-26-18 Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs LDepartment of Environmental Protection Northeast Re ional Office • 205B Lowell Street, 9 Wilmin ton MA 01887 . 978-894.3200 9 Charles D. Baker Matthew A. Beaton Governor Secretary Karyn E. Polito Martin Suuberg Lieutenant Governor Commissioner SEP 2 6 2016 15 Robinson Road LLC RE: SALEM 27 Farm Avenue A&H Auto Exchange Inc Peabody, MA 01960 15 Robinson Road RTN 3 -26542 Attn: Michael Weiss NOTICE OF RESPONSIBILITY/ ESTABLISHMENT OF RESPONSE ACTION DEADLINES Dear Mr. Weiss: The Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (MassDEP) acknowledges the receipt of (1 ) a Tier Classification Submittal; (2) a written certification made pursuant to 310 CMR 40.0009 and 310 CMR 40.0570 stating that you are an Eligible Person, as defined at M.G.L. c. 21E, § 2 and 310 CMR 40.0006; and (3) supporting information indicating that you intend to resume the necessary Response Actions at the above- referenced disposal site (the Site) as required pursuant to the Massachusetts Contingency Plan 310 CMR 40 .0000 (the MCP). Pursuant to 310 CMR 40.0570, the deadlines for conducting the Response Actions at the Site have been re-established and were calculated from January 23 , 2017, the effective date of the Tier Classification. The re-established deadlines for Response Actions are outlined in this Notice. If MassDEP subsequently determines that you are not an Eligible Person, or if such certification is determined at any time to be inaccurate or false, the original Response Action deadlines for the Site shall supersede the deadlines established pursuant to 310 CMR 40.05700 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Massachusetts General Law (M. G.L.) c. 21E, is implemented through the MCP, the regulations promulgated by MassDEP, which governs the assessment and cleanup of disposal sites. As an Eligible Person you have responsibilities under M.G.L. c. 21E and the MCP . In your submittal, you (as used in this notice, "you' and "your" refers to 15 Robinson Road LLC) identify yourself as a party with potential liability for Response Action Costs and damages under M.G.L. c. 21E, §5 . This liability is "strict', meaning it is not based on fault, but I This information is available In alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617.292-5761 . TTY# MassRelay Service 1 -800-439-2370 MassDEP Websile: w mass.govldep Printed on Recycled Paper SALEM, RTN 3 -26542 Page 2 Notice of Responsibility solely on your status as owner of the Site. This Notice and the attached summary are intended to provide you with information regarding liability under M. G.L. c. 21E to assist you in deciding what actions to take in response to the conditions that are present at this Site. You should be aware that you might have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws that establish the time allowed for bringing litigation. MassDEP encourages you to take any action necessary to protect any such claims you may have against third parties. NECESSARY RESPONSE ACTIONS AND DEADLINES This Site shall not be deemed to have had all the necessary and required Response Actions taken unless and until a level of No Significant Risk exists or has been achieved in compliance with M. G.L. c. 21E and the MCP . The MCP requires persons undertaking Response Actions at a site to submit to MassDEP a Permanent Solution Statement prepared by a Licensed Site Professional (LSP) upon determining that a level of No Significant Risk already exists or has been achieved at the site. Based on the Tier Classification listed above, the deadlines for conducting Response Actions pursuant to 310 CMR 40.0570 are re-established as follows : 1 . A Conceptual Phase II Scope of Work, prepared pursuant to 310 CMR 40.0834 shall be submitted to MassDEP prior to the implementation of Phase II field work, unless the Phase II field work has been implemented prior to Tier Classification; 2. A Phase II Report, prepared pursuant to 310 CMR 40.0835 shall be submitted to MassDEP by January 23 , 2020 (i.e. within three years of the effective date of the Tier Classification); 3 . If applicable , a Phase III Remedial Action Plan, prepared pursuant to 310 CMR 40.0861 and a Phase IV Remedy Implementation Plan (Phase IV RIP), prepared pursuant to 310 CMR 40. 0874, are due to be submitted by January 23 , 2021 (i.e. within four years of the effective date of the Tier Classification); and 4 . A Permanent Solution Statement or a Temporary Solution Statement pursuant to 310 CMR 40 . 1000 or a Remedy Operation Status Submittal pursuant to 310 CMR 40.0893 , is due to be submitted to MassDEP by January 23 , 2022 (i.e. within five years of the effective date of the Tier Classification). The MCP requires responsible parties and any other person undertaking response actions to perform Immediate Response Actions in response to sudden releases, Imminent Hazards and Conditions of Substantial Release Migration. Such persons must continue to evaluate the need for Immediate Response Actions and notify MassDEP immediately if such a need exists. SALEM, RTN 3 -26542 Page 3 Notice of Responsibility The Response Actions at a disposal site will not be deemed to be completed unless and until a level of No Significant Risk exists or has been achieved in compliance with the MCP. The MCP requires persons undertaking Response Actions at a disposal site to submit to MassDEP a Permanent Solution Statement prepared by an LSP upon determining that a level of No Significant Risk exists or has been achieved at the site. You will be required to pay Annual Compliance Assurance Fees until a Permanent Solution is achieved. Please refer to the attached Summary of MassDEP Compliance Assurance Fees to determine which fees would be applied to this Site. Also, Massachusetts Brownfields legislation provides significant Liability Relief for Eligible Persons such as current and future owners as well as their tenants. In addition, funding sources are available for conducting assessment and remedial activities with the availability of insurance to provide protection against unforeseen conditions. Detailed information on the state Brownfields program as well as various contacts can be found within MassDEP ' s Website at http://www.mass.gov/eea/agencies/massdep/cleanup/programs/. If you have any questions, please contact the undersigned at the letterhead address or by calling 978-694-3386. MassDEP suggests that you inform your LSP of this Notice. All future correspondence and communications regarding the disposal Site should reference Release Tracking Number (RTN) 3 -26542. Sincerely, Ida Babroudi Environmental Engineer Bureau of Waste Site Cleanup Attachments: Summary of Liability under M.G.L. c.21E Summary of MassDEP Compliance Assurance Fees cc: Board of Health, City of Salem, Larry Ramdin "via electronic submittal", Iramdin@salem.com MassDEP Northeast Region/D6.ta Entry: NOR/ISSUED SALEM, RTN 3 -26542 Page 4 Notice of Responsibility Summary of Liability Provisions - M.G.L. c.21E, Section 5 The following is a summary of the liability provisions from M.G.L. c. 21E, § 5 . Please refer to the statute for a complete description of the liability provisions. M.G.L. c. 21E § 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 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 undertake 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 potential 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 their 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.) 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 resulting from 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. 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. SALEM, RTN 3 -26542 Page 5 Notice of Responsibility Definition of Elizible Person - M.G.L. c.21E, Section 2 . M.G.L. c. 21E, § 2 defines an "Eligible Person" to mean, an owner or operator of a site or a portion thereof from or at which there is or has been a release of oil or hazardous material who: (i) would be liable under this chapter solely pursuant to clause (1) of paragraph (a) of section 5 ; and (ii) did not cause or contribute to the release of oil or hazardous material from or at the site and did not own or operate the site at the time of the release. Exemution from Liability for Oil or Hazardous Material Release at a Site Where Permanent Solution or Remedy Oueration Status Exists — M.G.L. c. 21E, Section 5C M.G.L. c. 21E, § 5C describes the liability exemption of an Eligible Person and provides the criteria necessary to qualify for such exemption.