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Home My WebLink About0385 NORTH STREET - Health ORT 308-007 HYANNIS �I a 1 c. 0 s 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 ROBERT W.GOLLEDGE,Jr. Lieutenant Governor Commissioner %00 F'YGIEE LEGAL MATTER:PROMPT ACTION NECESSARY August 5,2004 Nstar Electric and Gas RE: BARNSTABLE—BWSC € 1 Nstar Way[NE 250] 720 Main Street Westwood,MA 02090 p RTN#4-18525 ' \v ��%)\ o TICE OF RESPONSIBILITY -° U) M.G.L c.21E,310 CMR 40.0000 -� Attention:Dan Walton' ca r N M On July 6, 2004 at 5:00 pm 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. Approximately 98 gallons of non-PCB transformer oil was released from a transformer. The oil reportedly impacted the surrounding soil and a vault beneath the transformer. 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 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 Nstar Electric and Gas)are a Potentially Responsible Party(a "PRP")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 that you 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 Debra Doherty,ADA Coordinator at 617.292-5565.TDD Service 1-800-2998-2�207. DEP on the World Wide Web: http://www.mass.gov/dep Printed on Recycled Paper -a� � 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 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 verbally approved as an Immediate Response Action(IRA). • Excavation of up to 20 cubic yards of soil • Installation of two 5-inch monitoring wells, • Use of absorbents to recover oil from monitoring well if present. 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$1200.00 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 pursuant to 310 CMR 40.0420.. 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 July 6, 2004. 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 Dan Watton 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; (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 July 6,2005. If required by the MCP,a completed Tier I Permit Application must also accompany a Tier Classification Submittal. . I J 3 . 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 Dan Crafton at the letterhead. address or at (508) 946-2721. All future communications regarding this release must reference the following Release Tracking Number:4-18525. Very truly yours, Richard F.Packard,Chief Emergency Response/Release Notification Section P/DGC/re Attachments: . Release Notification Form,BWSC-103 and Instructions Summary of Liability under M.G.L.c.21E ec: Board of Health Board of Selectmen Fire Dept