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COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL
DEPARTMENT OF ENVIRONMENTAL PROTIE VOPY
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE LAKEVILLE, MA 02347 508-946-2700
RECEIVED
MITT ROMNEY ELLEN ROY HERZFELDER
Governor M Secretary
AR 2 6 2004
KERRY HEALEY ROBERT W.GOLLEDGE,Jr.
Lieutenant Governor TOWN OF BARNSTABLE Commissioner
HEALTH DEPT.
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
March 22,2004
Ana Desa RE: BARNSTABLE-BWSC
35 Maryalice Lane 50 Soumi Rd
Hyannis,MA 02601 RTN#4-17555
NOTICE OF RESPONSIBILITY
M.G.L:c.21E,310 CMR 40.0000
ATTENTION: Ana Desa
On January 14,-2003 at 4:40 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. The aboveground storage tank(AST)and
burner system located at the above referenced property was observed to be using#2 fuel oil at a higher than
usual rate. Maintenance was performed on the oil burner system, and as part of this maintenance the below
ground burner supply line was removed and replaced with an aboveground sleeved supply line. Upon
inspection by a Department representative oil was observed leaking from the former supply line and
multiple stains were observed on the concrete floor.
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 Ana Desa) 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 1-800-298-2207.
DEP on the World Wide Web: http://Www.mass.gov/dep
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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.2IE 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 approved as
an Immediate Response Action(IRA):
• Assessment including the uncovering of the former below-slab supply line.
• Deployment of Absorbent/Containment Materials.
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$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, and Release Abatement Measures (RAMs)pursuant to 310 CMR 40.0420 and
310 CMR 46.0443, 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 January 14,
2003.
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
by calling(617)556-1145 or visiting lft://www.state.ma.us/lsp.
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 January 14,2004. If required by the
MCP,a completed Tier I Permit Application must also accompany a Tier Classification Submittal.
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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 Julie J.Hutcheson at the letterhead
address or at (508) 946-2743. All future communications regarding this release must reference the
following Release Tracking Number: 4-17555.
Very truly yours,
Richard F.Packard,Chief
Emergency Response/Release
Notification Section
P/JJH/re
Attachments: Release Notification Form;BWSC-103 and Instructions
Summary of Liability under M.G.L.c.21E
Department's guide to hiring a Licensed Site Professional.
cc: Board of Health
200 Main St.
Hyannis,MA 02601
Board of Selectmen
200 Main St.
Hyannis,MA 02601
Nelson Oil
180 Iyanough Road
Hyannis,MA 02601
ATTN: Gordon Nelson
fc: Fire Dept