The URL can be used to link to this page

Home My WebLink About0000 OLD MILL ROAD - Health (2) -0- OLD MILL ROAD Osterville A = ' le'anHarbor ENVIRONMENTAL SERVICES, INC. 1501 WASHINGTON STREET,P.O. BOX 850327•BRAINTREE,MA 02185-0327 (617)849-1800 October 15, 1997 Mr. James Tinsley, Town Manager 44. Town of Barnstable Town Hall '• Hyannis, MA 02601 Re: Response Action Outcome Statement Commonwealth Electric Company Main Street/Old Mill Road Osterville, Massachusetts SB-6979: DEP Release Tracking No. 4-13286 Dear Mr. Tinsley; A release of approximately 150 gallons of transformer oil occurred at the above referenced location and has resulted in Immediate Response Actions being undertaken which have achieved a Class A-2 Response Action Outcome. The response actions are documented in a Response Action Outcome Statement dated October 15, 1997. This letter has been prepared, in accordance with the public notification requirements of 310 CMR 40.1403 to provide notification to your office of the release and the availability of the Response Action Outcome Statement at the Commonwealth Electric Company (2421 Cranberry Highway, Wareham, MA 02571) or at the Southeast Regional office of the Massachusetts Department of Environmental Protection (20 Riverside Drive, Lakeville, MA 02347). No action other than the receipt of this letter is necessary by your office. Sinc,prely� Steven T. Flerm g Sr. Environmental En ' er cc: Health Department Town of Barnstable,MA Town Hall Hyannis,MA 02601 Project File SB-6979 "People and Technology Protecting and Restoring-America's Environment" y a�® ' COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFF .Q�G, CFJ✓� DEPARTMENT OF ENVIRONMENTAL PROTECTI 2 9 ` SOUTHEAST REGIONAL OFFICE loy�OtiA9NST 19gT OFPrgelf \N ARGEO PAUL CELLUCCI TRUD '€ E Governor �Se tary B. STRUHS Commissioner URGENT LEGAL MATTER: PROMPT ACTION NECESSARY �C-EMI' IED MAIL: RETURN RECEIPT RE UESTED co ` August 26,.= 1997 Commonwealth Electric Company RE : BARNSTABLE--BWSC 484 Willow Street- Old Mill Road_ Hyannis, Massachuset ts 02601 RTN: 4-13286 � NOTICE OF RESPONSIBILITY � • M.G.L. c . 21E, 310 CMR 40 0000 ATTENTION. Fred Slade-- On Auguste 18, 1997 'at 11: 00-' 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 . A pad mounted transformer had ruptured releasing approximately 150 gallons of transformer oil containing a concentration of 15 ppm Polychlorinated Biphenyl (PCB) j to a concrete surface and soil . 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 Inay 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' Yias 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" and "your" refers 20 Riverside Drive 0 Lakeville, Massachusetts 02347 0 FAX(508) 947-6557 0 Telephone (508) 946-2700 -2- i to Commonwealth Electric Company) 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 . 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 verbal notification to the Department, the following response actions were approved as an Immediate Response Action (IRA) : t • Deployment of Absorbent/Containment Materials . • Excavation and disposal of up to 1G0 cubic yards of. contaminated soil . F 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) Assessment activities, the construction of a fence and/or the posting of, signs are actions, that are exempt from this approval requirement . -3- 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 August 18, 1997 . 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 . 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 August 18, 1998 . 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. i If you have any questions relative to this notice, please . , contact David Tonaszuck at the letterhead address or at (508) 946- 2848 . All future communications regarding this release, must reference the following Release Tracking Number: 4-13286 . Very truly \(yours, Richard-F. Packard, Chief Emergency Response / Release Notification Section P/DT/re CERTIFIED MAIL #P 256 385 890 RETURN RECEIPT REQUESTED Attachments : Release Notification Form; BWSC-103 and Instructions Summary of Liability under M.G.,L. c .21E ` -4- cc : Board of Selectmen Town Hall 367 Main St . Hyannis, MA 02601 Board of Health Town Hall 367 Main St . Hyannis, MA 02601 t Fire Department 3249 Main St . Barnstable, MA 02630 DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director P I { r