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Home My WebLink About0011 HIGH SCHOOL ROAD - Health 11 High SO p p 308-260 Hyannis ° 0 9 o r P.O. Box 1121 MA 02559 West Springfield, MA 01090 Pocasset, MA P.O. Box Phone:(413) 781-7474 (508)564-6607 21—__ Mason South Main Street FAX:(508 564-6610 Sharon,MA 02067 1-800-834-2330 Environmental Services, Inc. Phone:(617) 784-1326 May 16, 1995 Robert Kearns Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville, MA 02347 RE: DEP RTN:4-11085 11 High School Road Hyannis, MA 02601 Dear Mr. Kearns: This letter is to meet the requirements issued under a Notice of Noncompliance dated May 9,1995 for failure to notify the Department within a 72 hour period (310 CMR 40.0313(2). The PRP, Mrs. Petronelle M. Cook, hired Mason Environmental Services, Inc. (MES)to remove an underground oil storage tank at the above identified site. Due to MES finding soil conditions which indicated a release of fuel oil, it notified Mrs. Cook of the situation and requirements to notify the Department. Upon subsequent conversations with MES and her attorneys, she was under the assumption that proper notification had been made. MES was "requested to develop a scope of work and cost estimate for removal of approximately 25 cubic yards of petroleum contaminated soils and sent this proposal, dated December 13, 1995,to Mrs. Cook which she subsequently returned. In the proposal package, was an authorization statement allowing MES' on-staff Licensed Site Professional (LSP) to act as her agent in regard to Department submittals. Once this authorization was in hand, MES notified the Department, Spence Brennan. During the verbal notification to the Department, Mr. Spence Brennan issued a verbal authorization to conduct an Immediate Response Action to mitigate any potential threats at the site. There appears to have been a breakdown in communication between all parties regarding the notification requirement. However,the IRA plan was completed in a prompt time period and.an Response Action Outcome statement dated March 15,1995 has been delivered to the Department by MES' on-staff LSP. S' cerely, 1 �Culbert T. Joly, LSP Vice President Environmental Services Tank Services 21 E Site Assessments Site Remediation cc: Mrs. Petronelle M. Cook 11 High School Road Hyannis, MA 02601 Warren I Rutherford, Barnstable Town Manager 367 Main Street Hyannis, MA Thomas McKeon, Director Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 Paul D. Chisholm, Chief Hyannis Fire Department 95 High School Road Hyannis, MA 02601 Andrea Papadopoulas, Deputy Regional Director Department of Environmental Protection 20 Lakeside Drive Lakeville, MA 02347 Christine Ayers, Director Office of Compliance and Enforcement Department of Environmental Protection One Winter Street Boston, MA 02108 Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection ' Southeast Regional Office William F.Weld Govemor Trudy Coxe Secretary,EOEA David B.Struhs Commissioner May 9, 1995 Mrs. Petronella M. Cook RE: BARNSTABLE--BWSC 619 High Street 11 HIGH SCHOOL ROAD Bethlehem, Pennsylvania 18018 RTN: 4-11085 NON-SE-95-3066 THIS -IS AN IMPORTANT NOTICE. FAILURE TO RESPOND TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NOTICE OF NONCOMPLIANCE M.G.L. c. 21E, 310 CMR 40. 0000 The Department of Environmental Protection, Southeast Regional Office •(the "Department"-) , has determined that you (as.-used in this letter "you" •refers to . Mrs. Petronella M. Cook) . . are in noncompliance of the Massachusetts Contingency Plan, M:,G.L. Chapter 21E and 310 CMR 40..0000. Department records indicate that response actions at the above-referenced site are not in compliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by the Department. Attached hereto is a written description of: (1) each activity referred to above, '. (2) the requirements violated, (3) the action the Department now. wants you to take, and (4) the deadline , for taking such action. If you fail to come into . compliance by the prescribed deadline(s) , or if you otherwise fail to. comply in the future with requirements applicable to you, you could be subject to legal action. The Department is authorized to take any one or more of the following .actions against you for failure to comply with the requirements -.imposed. by M.G.L. c. 21E and the Massachusetts Contingency Plan, 310 CMR 40. 0000: Imposition of double the amount of permit fees otherwise owed; 20 Riverside Drive 9 Lakeville, Massachusetts 02347 • FAX(508)947-6557 9 Telephorie (508) 946-2700 �s -2- - Assessments of up to three (3) times the amount of all response action costs incurred by the Department, plus sanctions for failure to perform response actions under the MCP; Assessment of interest on costs incurred at the rate twelve percent (120) , compounded annually; - Assessments for damage to natural resources; - Placement of liens on all property located in the Commonwealth, with authority to foreclose; - Initiation of civil judicial action brought by the Attorney General; and/or - Initiation of criminal action prosecuted by the Attorney General. In addition to the above list of prospective legal actions, the Department may assess a civil administrative penalty for every day from now on that you remain out of compliance with the requirements described in this Notice of Noncompliance. If performance of the necessary response actions is beyond' your technical, financial or legal ability, you should promptly notify the Department in writing of your inability in accordance with Chapter 21E, subsection 5 (e) , and 310 CMR 40. 0172 . An adequate demonstration of technical, legal, or financial inability could provide you with a limited defense to an action by the Commonwealth for recovery of two to three times the Department' s response action costs, as well as a limited defense to the Department' s assessment of civil administrative penalties. Questions regarding this matter should be directed to Robert Kearns at the letterhead address or at (508) 946-2865. All future communication regarding this matter must reference release tracking number 4-11085. Very truly yours, wCa�s� � Richard F. Packard, Chief Emergency Response/ Release Notification Section P/RK/cb CERTIFIED MAIL NO. Z 318 245 536 RETURN RECEIPT REQUESTED Attachment fl -3- cc: Town of Barnstable Town Manager 367 Main Street Hyannis, MA 02601 Town of Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 . Fire Department 3249 Main Street Hyannis, MA 02601 DEP-BWSC-Boston ATTN: Steve Winslow BWSC Christine Ayers, Director Office of Compliance & Enforcement DEP-SERO ATTN: Andrea Papadopoulos, Deputy Regional Director DEP-SERO" ATTN: Data Entry Mason Environmental: Services, Inc. P.O. Box 450 Pocasset, MA' 02559 ATTN: Mr. Gilbert T. Joly .y i i ♦ 1 NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY ENTITY IN NONCOMPLIANCE: Mrs. Petronella M.Cook 619 High Street Bethlehem, PA 18018 LOCATION OF NONCOMPLIANCE: 11 High School Road, Hyannis, Massachusetts DATE(S) WHEN NONCOMPLIANCE OCCURRED OR' WAS OBSERVED: December 7, 1994 to December 12 , 1994 DESCRIPTION OF REOUIREMENT(S) NOT COMPLIED WITH:. Notification 310 CMR 40. 0313 (2) requires oral notification within 72 hours after obtaining knowledge of a release or threat of release. DESCRIPTION OF ACT OR OMISSION CONSTITUTING NONCOMPLIANCE: Failure to notify the Department of a release or a threat of a release within 72 hours. DESCRIPTION AND DEADLINES) OF ACTION(S) TO BE TAKEN: 1. You shall submit 'in writing justification for failure to provide timely and complete Notification 'to the Department within thirty (30) .days of receipt of this NON. . Department of Environmental Protection DATE: � BY* c �� l5 Richard Packard, . Chief Emergency Response/Release Notification Section Commonwealth of Massachusetts Executive Office of Environmental Affairs ®epgrtment of Environmental Protection Southeast Regional Office William F.Weld Governor Trudy Coxe Secretary,EOEA Thomas B. Powers Acting Commissioner URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REQUESTED OFebruary 9, 1995 Mrs . Petronelle Cook RE: BARNSTABLE--BWSC 619 High Street 11 High School Road' / Bethlehem, Pennsylvania. 18018, RTN: 4-i1085 C NOTICE OF RESPONSIBILITY M.G.L. c . 21E, 310 CMR 40 . 0000. On January 26 , 1995, at 8 : 50 a.m. , the Department of Environmental Protection (the . ".Department" ) received oral notification of a release and/or threat of release of oil and/or hazardous material at the .above referenced property which requires one or more response actions . In addition to oral notification, 310 CMR 40 . 0333 requires that a completed Release Notification Form (BWSC-003 , attached) be submitted to the Department within sixty .(60) calendar days of the date of the oral notification. I The Massachusetts Oil and Hazardous Material Release Prevention and Response. Act, M.G. L. c . 21E, and . the Massachusetts Contingency Plan (the "MCP" ) , 310 CMR 40 . 0000 , require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result from this release and/or threat of release, and govern the conduct of such . . actions . The purpose of this notice is to 'inform you of your legal responsibilities under State law for assessing and/or remediating the release at . this property. For purposes of this Notice of . Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise . The Department has reason to believe that the release and/or threat of -release which has been reported is or maybe a disposal site as defined by the M. C. P.. The Department also has reason to believe that you (as used in this letter, "you" refers to Mrs . Petronelle Cook) is/are a Potentially Responsible Party (a "PRP" ) with liability under M.G. L. c . 21E §5, for response action costs . 20 Riverside Drive • Lakeville, Massachusetts 02347 0 FAX(508)947-6557 • Telephone (508) 946-2700 j -2- This liability is "strict" , meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, disposer .or other person specified in M.G.L. c . 21E §5 . . This liability is also "joint and several" , meaning that you may be liable for all response action costs incurred at .a disposal site regardless of the existence of any other liable parties . The Department encourages parties with liabilities under M.G. L. c . 21E to take prompt and appropriate. actions in response to releases and threats of release of 'oil and/or hazardous materials . By taking prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions . You may also avoid. the imposition of, the amount of - or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4 . 00 . Please refer to M.G.L. c . 21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c . 21E is attached to this notice . You should be aware that you may 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 which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary .to protect any such claims you may have against third parties . The following response actions have been approved . as an Immediate Response Action (IRA) :' • Excavation of 25 cubic yards of contaminated soil ... s Proper Storage/Disposal/Recycling of all Contaminated Soil . Cl Remediation Waste must be properly handled andsposed of .within4ys from the date of generationr 310 CMR 40 . 0030 . s IRA Plan must be implemented within fourteen (14) .days from receipt of this Notice . Specific . approval is required from the Department for the implementation of all IRAs, with the exception . of assessment activities, . the construction of a fence and/or the posting of signs . This site shall not be deemed to have had all the necessary and required response actions taken. for it unless and until all substantial hazards presented by the release and/or threat of release 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. .r -3- Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA Completion Statement and/or a Response Action Outcome (RAO) statement . The MCP requires that a fee of $780 . 00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at this site . 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) . 556-1145 . If you have any questions relative to this notice, please contact Spence Brennan at the letterhead address or at (508) 946- 2854 . All future communications regarding this release must reference the following Release Tracking Number: 4-11085 . V y truly yours, L.t.�� .c�.�'-'��-��... Richard F. Packard, .Chief Emergency Response / Release Notification Section P/SB/jt CERTIFIED MAIL #Z235 539 908 RETURN RECEIPT REQUESTED Attachments : Release Notification Form; BWSC-003 and Instructions Summary of Liability under M.G.L. c . 21E CC : Board of Selectmen Town Hall 367 Main Street Hyannis, MA 02601 ATTN: . Warren . E . Hansen, Chairman Board of Health Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Brian R. Grady, R. S . , Chairman Town of Barnstable Board of Fire Commissioners Hyannis, MA 02601 DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director