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HomeMy WebLinkAbout0420 MAIN STREET (HYANNIS) - Health 426 MAIN ST'. , Mom A= 309. 218 1 i a 0 0 ` . \ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE_OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 Riverside Drive, Lakeville, MA 02347 (508) 946-2700 MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY EDWARD P.KUNCE Lieutenant Governor Acting Commissioner URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL 7f r� February 20,2003 Waste Management RE: BARNSTABLE-BWSC 264 Nick Rock Road 426 Main Street,46 North Street, Plymouth,MA 02360 35 Winter Street RTN#4-17628 RECEIVED NOTICE OF RESPONSIBILITY M.G.L. c. 21F..310 CMR 40.0000 F E B 2 $ 2003 ATTENTION: James Clement TOWN OF BARNSTABLE HEALTH-DEPT. `On February 10, 2003 at 830 am 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. A Waste Management trash truck. developed a leak in a hydraulic oil supply line. Each time the hydraulic system was engaged, oil was released onto the pavement at each of the above referenced locations. At the 46 North Street&35 Winter Street locations the oil impacted onsite catch basins. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. LIE, 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 may be 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 Waste Management) are a Potentially Responsible Party (a "PRF") with liability under M.G.L. c.21E §5, for response action costs. 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 thatyou may' be liable for all response action costs incurred at a disposal site regardless of the existence of any other liable^parties: ' This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-556-1171.TDD Service=1-800-298-2207. DEP on the World Wide Web: http://www.mass.gov/dep 0 Printed on Recycled Paper F 2 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 Y Y g P g g 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. At the time of oral notification to the Department, the following response actions were approved as an Immediate Response Action(IRA): • Assessment. • Deployment of Absorbent/Containment Materials. • Collection;removal and disposal of up to sediment from the impacted catch basin Removal of Contaminated Water from within the catch basins. • All Remediation Waste must.be properly stored/handled and disposed,of within 120 days from the date of generation per 310 CMR 40.0030. ACTIONS REQUIRED Additional submittals are necessary with regard to this notification including,but not limited to,the filing of a written IRA Plan, IRA Completion,Statement and/or an RAO statement. The MCP requires that a fee of$750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. Specific approval is required from the Department for the implementation of all IRAs, and Release Abatement Measures (RAMS)pursuant to 310 CMR 40.0420 and 310 CMR 40.0443,_respectively. Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification Form (BWSC-103, attached) be submitted to the Department within sixty (60) calendar days of February 10,2003. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at this site. The Department has Phil McBain of Cyn Environmental Services listed as the LSP of record. Unless otherwise provided by the Department, potentially responsible parties ("PRP's") have one year from the initial date of notification to the Department of a release or threat of a release, pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility,whichever occurs earlier, to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; 3 (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site,is February 10,2004...If required by the MCP,a completed Tier I Permit Application must also accompany a Tier Classification Submittal. This site shall not be deemed to have had all the necessary and required response actions taken 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. If you have any questions relative to this Notice, please contact Tyson Rose at the letterhead address or at (508) 946-2743. All future communications regarding this release must reference the following Release Tracking Number: 4-17628. Very truly yours, Richard F.Packard, Chief Emergency Response/Release Notification Section P/TLR/re .CERTIFIED MAIL#7002 2030 0006 4996 8633 Attachments: Release Notification Form;BWSC-103-and Instructions Summary of Liability under M.G.L. c21E Department's guide to hiring a Licensed Site Professional. cc: Board of Health 367 Main St. Hyannis,MA 02601 Board of Selectmen 367 Main St. Hyannis,MA 02601 Fire Dept P.O.Box 94 Barnstable,MA 02630 HYANNIS FIRE DEPARTMENT 95 HIGH SCHOOL ROAD EXTENSION HYANNIS, MASS. 02601 Paul D. Chisholm , �7� BUSINESS: 775-1300 CHIEF Sll1Uf e :.0 e,t ectU i Save Zved EME 7GENCY: 775-2323 I 1 To Town of Barnstable , Board of Health - T. McKean Town of Barnstable, Conservation Commission - From ; Fire Prevention Bureau, Hyannis Fire Department Subject ; The installation of above ground storage tanks . Date ; i /aP , Persuant to the applicable sections of 527 CMR - Fire Prevention Regulations , this Department has inspected the following location for above ground storage. ADDRESS 426 Main Street OWNER/OCCUPANT PHONE SIZE OF TANK (S) 275 gal. Steel / BASEMENT COMMODITY STORED• : # 2 fuel oil PURPOSE FOR STORAGE : Heating THIS INSTALLATION IS : PRE-EXISTING A REPLACEMENT X NEW This installation complies does not comply with the required installation regulation listed below. FI RE PREVENTION OFFICE For: PAUL D. CHISHOLM, CHIEF HYANNIS FIRE DEPARTMENT Date: TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM NAMEOFBUSINESS: BUSINESS LOCATION: �ZZ � T i�i9i.J cJ fie✓>3, Gil MAILING ADDRESS: Mail To: TELEPHONE NUMBER: Board of Health Town of Barnstable CONTACT PERSON: ��i✓ /���Cff � _ Q P.O. Box 534 EMERGENCY CONTACT TELEPHONE NUMBER: 775 ' 26 Hyannis, MA 02601 TYPEOFBUSINESS: ��> - Does your firm store any of the toxic or zardous materials listed below, either for sale or for you-own use? YES NO This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed envelope for your convenience. If you answered YES above, please indicate if the materials are stored at a site other than your mailing address: ADDRESS: TELEPHONE: LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health has determined that the following products exhibit toxic or hazardous character- istics and must be registered regardless of volume. Please estimate the quantity beside the product that you store. NOTE: LIST IN TOTAL LIQUID VOLUME OR POUNDS. Quantity Quantity Antifreeze(for gasoline or coolant systems) Drain cleaners NEW USED Cesspool cleaners Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salt (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor oils Pesticides NEW USED (insecticides, herbicides, rodenticides) Gasoline, Jet Fuel Photochemicals (Fixers) Diesel fuel, kerosene, #2 heating oil NEW USED Other petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways & garages Wood preservatives (creosote) Battery acid (electrolyte) Swimming pool chlorine Rustproofers Lye or caustic soda Car wash detergents Jewelry cleaners Car waxes and polishes Leather dyes Asphalt & roofing tar Fertilizers Paints, varnishes, stains, dyes PCB's Lacquer thinners Other chlorinated hydrocarbons, NEW USED (inc. carbon tetrachloride) Paint & varnish removers, deglossers Any other products with "poison" labels Paint brush cleaners (including chloroform, formaldehyde, Floor & furniture strippers hydrochloric acid, other acids) Metal polishes Laundry soil & stain removers Other products not listed which you feel (including bleach) may be toxic or hazardous (please list): Spot removers & cleaning fluids (dry cleaners) Other cleaning solvents Bug and tar removers WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS Massachusetts Fire Incident Report Hyannis Fire Department Date of Time Of Arrival Time In FDID Incident No. Exposure #. Incident Day of week Call Time Service 01922 A230162 E::4= 1 2/2,,OV 003 Monday:] 9: 15 09:45 09:50 Address Zip Census Tract 4 2 6 Main Street ( L Hyannis I F-4 0 Type of Situation Found Type of Acti Taken Mutual Aid 41 Spill/leak W/o Ignition 41 3 Inve ti ation Only Fixed Property Use Ignition Factor "uncovered Parking Area." 9 6 5 00 No Fire Found 0� Occupant Name _ Occupant Telephone Puritan Clothing Parking Lot Owner Name Owner Address Owner Telephone Method Of Alarm Shift No Of Alarms # of Personnel Responded Hazardous 1 Telephone � © 1� �1 Materials Engines Tankers Aerial Other Vehicles Present 000 000 000 001 No Fire Service Other Injuries Injuries 0 0 0 Fatalities LO0 0 Injuries 0 0 0 Fatalities F4R Rescues 0 0 0 Mobile Propertv Use Is Car Stolen Insurance Company 0 0 Mobile Property Make Year Model Color License Number VIN 0 0 7- Complex Area Of Origin Estimated Loss Equipment Involved In Ignition Form Of Heat Of Ignition 0 If Equipment Was Involved In Ignition Material Ignited Year Make Model Equipment Serial Number 0 Method of Extinguishment Level Of Fire Origin Number Of Stories 0 � 0 Construction Type Detector Performance Sprinkler Performance 0 Extent Of Damage Flame Smoke Material Generating Most Smoke Type Of Material Generating Most Smoke IF— Avenue Of Smoke Travel Weather Conditions Commanding Officer 0 G.I.eaix................................................................., Lt Knowlton Report By Lt Knowlton HYANNIS FIRE DEPARTMENT - INCIDENT REPORT -• COMMENT PAGE Incident No. A230162 Address 426 IMAINSTREET Date of Report 2/10/2003 Commanding Officer ILt Knowlton Report By JU Knowlton See attached the Narratives from A230160 for 35 Winter Street and A230161 from 60 North Street. I responded to this property and found a Waste Management Inc. dumpster in the rear of the "Common Ground" restaurant. There appeared to have been a spill at this location but whatever product was spilled, was picked up. There was a catch basin adjacent to this dumpster but there appeared to be only minimal amount of product in it. No need for our response to this location so I responded to 60 North Street to meet with Waste Management Inc. Richard A. Knowlton, Lieutenant