The URL can be used to link to this page

Home My WebLink About0043 IYANNOUGH ROAD - HAZMAT COMMONWEALTH OF MASSACHUSETTS Q. f EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS + d DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE bV 9 V� Cf ��- 20 RIVERSIDE DRIVE LAI ECfi�kVFAQ- 2347 508-946-2700 JANE SWIFT BOB DURAND Governor SEP 2 5 2001 Secretary TOWN OF BARNSTABLE LAUREN A.LISS HEALTH DEPT. Commissioner URGENT LEGAL MATTER:PROMPT ACTION NECESSARY 0 0 py CERTIFIED MAIL:RETURN RECEIPT REOUESTED September 20,2001 Mr.Vincent D'Olimpio RE: BARNSTABLE-BWSC 75 Powder Hill Road43:=55 Iyanough Road�,Hyannu} Barnstable,Massachusetts 02630 RTN# 4-16577 NOTICE OF RESPONSIBILITY M.G.L. G 21E,310 CMR 40.0000 ATTENTION: Mr.D'Olimpio On August 15, 2001 at 8:40 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.'During the conducting of Phase I activities it was determined that contaminant migration in groundwater was greater than 200 ft/year. This constitutes a condition of Substantial Release Migration (SRM) which requires the initiation of Immediate Response Actions(IRA). 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 govem the conduct of such actions. The purpose of this notice is to inform you of your legal responsibilities lmder State la:v 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 Vincent D'Olimpio)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 by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web: http://www.state.ma.us/dep Printed on Recycled Paper 71 — L- - - - 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 that 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 action was approved as an Immediate Response Action(IRA): • Conduct assessment activities to determine potential downgradient receptors. 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 August 15, 2001. 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 LSPs from the Board of Registration of Hazardous Waste Cleanup Professionals at (617) 556-1145. The Department has James Begley of Horsley&Whitten,Inc.of Sandwich,MA as the LSP of record for this site. 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 15, 2002. 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. 3 If you have any questions relative to this Notice, please contact Julie J. Hutcheson at the letterhead . address or at(508)946-2852. All future communications.regarding this release must reference the following Release Tracking Number 4-16577. Very truly yours, ror Richard F.Packard, hief Emergency Response Release Notification Section P/JJH/re CERTIFIED MAIL#7001 0320 0001 4831 4150 RETURN RECEIPT REQUESTED Attachments: Release Notification Form;BWSC-103 and Instructions Summary of Liability under M.G.L.c.21E cc: Board of Selectmen P.O.Box 34 Hyannis,MA 02601 Board of Health P.O.Box 34 Hyannis,MA 02601 Fire Department 95 High School Road Hyannis,MA 02601 Horsley&Whitten,Inc. 90 Route 6A Sandwich,MA 02563 ATTN: James Begley,LSP DEP-SERO ATTN: Brian Smith- SNIP ATTN: Data Entry • America's Only Coast to Coast Leader of Exclusive Auto Muffler and Brake Shops Mims, "SHOPS DAVID L17CHMAN EXECUTIVE OFFICE-8 Iyanough rRd., Hyannis, MA 74 Iyanough Rd., Hyannis, MA 02601 244 Main St., Falmouth, MA 02540 771-2637 4290 144 Cranberry Highway, Orleans,MA 02653 255-0112 i 3004 Cranberry Highway, Wareham;MA 02538295-8440 k ,a;�r=�-J.,i.-..�....�...�;.:�.-<.r�• �,=c...f,:'=;�'t,'rw+r+r,,,-''�',..� fir' .i '�:..� . . 'fea;it�F'7'.,.-,aa..►�"'n' ,-�"�*- F �•;_,--""`;.. TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM Mail To: - NAME OF BUSINESS: F75 �-ate Board of Health MAILING ADDRESS: "3y4" Vw IV I Town of Barnstable TELEPHONE NUMBER: / 7 P.O. Box 534 CONTACT PERSON: �4(�i: Hyannis, MA 02601 Does your firm store any of the toxic or hazardous materials listed below, either for sale or for your own use, in quantities totalling, at any time, more than 50 gallons liquid volume or 25 pounds dry weight? 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 characteristics and must be registered w-.henrst�a.-recl;�n;�gtua�.talie.,— a ipg oGe tear - =,--a:No�s-G4qutd ' o:Fume=or�2�5�pounds�d°ry=weight. Please put a check beside each product that you store: Antifreeze (for gasoline or coolant systems) Drain cleaners Automatic transmission fluid Toilet cleaners Engine and radiator flushes Cesspool cleaners \/ Hydraulic fluid (including brake fluid) �,� Disinfectants Motor oils/waste oils t �/ Road Salt (Halite) Gasoline, Jet fuel Refrigerants Diesel fuel, kerosene, #2 heating oil Pesticides (insecticides, herbicides, Other petroleum products: grease,x lubricants rodenticides) Degreasers for engines and metal Photochemicals (fixers and developers) Degreasers for driveways & garages Printing ink Battery acid (electrolyte) Wood preservatives (creosote) Rustproofers Swimming pool chlorine Car wash detergents Lye or caustic soda Car waxes and polishes Jewelry cleaners Asphalt & roofing tar Leather dyes Paints, varnishes, stains, dyes Fertilizers (if stored outdoors), Paint & lacquer thinners PCB's Paint & varnish removers, deglossers Other chlorinated hydrocarbons, Paint brush cleaners (inc. carbon tetrachloride) Floor & furniture strippers Any other products with "Poison" Labels Metal polishes (including chloroform, formaldehyde, Laundry soil & stain removers hydrochloric acid, other acids), (including bleach) Other products not listed which you feel may Spot removers & cleaning fluids be toxic or hazardous (please list): / (dry cleaners) V Other cleaning solvents Bug and tar removers i, Household cleansers, oven cleaners White Copy Health Department/ Canary Copy-Business .. .... f mac:-� �.',�a•-�' •�R , i � .' ,�"�.� �,i>'A�+*.t'si�4.'^w'y^"k."+.•�i.%,.�."SuEd""r;t.,:�^ ,r'n'�`.x,-.fi...r^�.�3 -�:.Pr:<s A ....�..+•,r....rhgm.+'e's':. r...j*,.,«•F y..^�,.i,..::-'6.-n.*...,.P..t. sc,.a. t-..;+{.r-r-,Ar„rn,,..r`.e:;,,,,•,.:�an::al' TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Stations,Repair F ' satisfactory 2.Printers BOARD OF HEALTH )PQ 3.Auto Body Shops �j�f fJ� unsatisfactory- 4.Manufacturers COMPANY Mjd� � ° ° 0 (see"Orders") 5.Retail Stores r �^ 6.Fuel Suppliers ADDRESS 7112 �i�1V.�" rf� Class: 7.Miscellaneous. t ' , ram QUANTITIES AND STORAGE (IN=indoors;OUToutdoors) MAJOR MATERIALS 04 Case lots Drums Above Tanks Underground-77 IN OUT IN OUT IN OUT #&gallons Age Test Fuels: Gasoline Jet Fuel(A) Diesel, Kerosene, #2 (B) Heavy Oils: � waste motor oil (C) new motor oil (C) transmission/hydraulic Synthetic Organics: degreasers Miscellaneous: W DISPOSALfRECLAMATION REMARKS: 1. Sanitary Sewage 2. Water Supply O Town Sewer f `Public � ,, On-site QPrivate 3. Indoor Floor Drains YES Y NO 0 Holding tank:MDC - •�G° rr}}- 0 Catch basin/Dry well �'•. J V� � � , l.s O On-site system 4, �', L' / /,1►4 4. Outdoor Surface drains:YES NO 1./° aR:D`E-RS: 0 Holding tank:MDCif O Catch basin/Dry well O On-site system L/ 5.Waste Transporter Name of Hauler Destination Waste Product s / YES NO 41 2. Person (s)�In�eewed Inspector , *�' Date