211 DEP Letter L.PATRICK
or
'HY P.MURRAY
nant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
IAN A.BOWLES
Secretary
LAURIE BURT
Commissioner
URGENT LEGAL MATTER
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Raymond
41 Main Street
Northampton,MA 01060
November 21, 2007
Re: Northampton
211 North Street
RTN: 1-13628
Former Twin Cleaners
NOTICE OF RESPONSIBILITY
INTI'ERIM DEADLINE
This is an important notice.
Promptly respond to any requests contained herein.
Failure to respond to any such requests could result in
serious legal consequences.
Dear Mr. Robert Raymond:
The Department of Environmental Protection (the "Department") was notified on September 18,
2000, of a release of oil andior hazardous materials on the property on 211 North Street in
Northampton, Massachusetts, discovered during a 21E Site Assessment investigation on the
property. Petroleum hydrocarbons and chlorinated volatile organic compounds (VOCs) were
identified in soil, gr
oundwater and air at the site in concentrations exceeding applicable
standards. Release Tracking Number(RTN) 1-13628 was assigned to the site.
The purpose of this letter is to provide you ("you" refers to Mr. Robert Raymond) with notice of
your legal responsibilities under state laws and regulations to address this release. The attached
summary is intended to provide you with information about your liability under Massachusetts
This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-295-2207.
DEP on the World Wide Web: http://www.mass.gov/dep
Gh� Printed on Recycled Paper
Notice of Responsibility 1-13628
Interim Deadline
General Law Chapter 21E (M.G.L. c. 21E) and to assist you in deciding what actions to take in
response to this notice.
Statutory Liabilities
The Department has reason to believe that you are a potentially responsible party (PRP) with
liability under Section 5A of M.G.L. c. 21E. This is due to the release of oil and/or hazardous
materials at the above site. 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 said
Section 5A. This liability is also "joint and several", meaning that you are liable for all response
costs incurred at a disposal site even if there are other liable parties.
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.
Actions Undertaken To Date At The Site
On September 18, 2000, the Department was notified with a 21E Site Assessment Report, of a
release of petroleum hydrocarbons and VOCs impacting soil, groundwater and air at the site. On
September 26, 2000, a Notice of Responsibility was issued to Twin Cleaners, Inc. The site was
assigned a Release Tracking Number (RTN): 1-13628. On December 24, 2001, a Tier IC Permit,
#23539,became effective for the site.
Records on file indicate that an Immediate Response Action (IRA) was performed and a Partial
Response Action Outcome (RAO-P)was submitted on September 9, 2001, for a portion of the site.
Phase II and III Reports were both submitted on January 29, 2005, and an IRA Completion
Statement was submitted on July 14, 2006. A Notice of Noncompliance, issued on December 28,
2006, for failure to submit a Tier I Permit Extension Application,was returned as undeliverable. On
January 12, 2007, a Phase IV Completion Statement and a Remedy Operation Status (ROS)
Opinion were submitted. In accordance with 310 CMR 40.0893(2)(0, a ROS Status Report, or a
RAO Statement should have been submitted to the Department by July 12, 2007. To date, the
Department has not received the required documents
Records indicate that the date for Involuntary Dissolution by Court Order or Secretary of the
Commonwealth of Twin Cleaners, Inc. was May 31, 2007, and that you formerly owned the
subject property and were president of Twin Cleaners, Inc.
Necessary Response Actions And Applicable Deadlines
Submit to the Department for the subject site:
A ROS Status Report prepared by a Licensed Site Professional (LSP) in accordance with
the MCP (310 CMR 40.0890), or a Response Action Outcome (RAO) Statement prepared
by an LSP in accordance with 310 CMR 40.1000 by December 21, 2007.
2
Notice of Responsibility 1-13628
Interim Deadline
The above deadline constitutes an Interim Deadline in accordance with 310 CMR 40.0167 and
40.0170(5). If you need an extension of an Interim Deadline, you must submit a request for an
extension to the Department within 30 days of the date of this letter.
No disposal site will be deemed to have had all the necessary and required response actions taken
for it 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.
The MCP requires persons undertaking response actions at a disposal site to submit to the
Department a Response Action Outcome Statement prepared by a Licensed Site Professional upon
determining that a level of no significant risk already exists or has been achieved at the disposal
site.
Procedures To Follow To Undertake Response Actions
You must employ or engage a Licensed Site Professional to manage, supervise or actually perform
all response actions which you intend to undertake at this disposal site. You may obtain a list of
the names and addresses of Licensed Site Professionals by contacting the Board of Registration of
Hazardous Waste Site Cleanup Professionals by telephone at (617) 556-1145 or in person or by
mail at One Winter Street, 6th Floor,Boston, Massachusetts 02108.
Representatives from the Department are available to meet with you to review the technical and
regulatory issues of concern. Please contact Michael Scherer at 413/755-2278 or Baffour Kyei at
413/755-2258 if you have any questions concerning this Notice.
Encl:21E Liability Summary
Western Area LSP List
Certified Mail#: 7005 3110 0001 3150 9770
1-13628 norid BK
cc: Site Files,BWSC,WERO
Northampton Mayor's Office
Northampton Board of Health
Kevin C. Sheehan, LSP-of-Record
Denise Andler,DEP-WERO
Sincerely,
This final document copy is being provided to you electronically by the
Department of Ensironmeotal Protection.A signed copy of this document
is on file at the DF.P office listed on the letterhead.
3
Anna Symington
Deputy Regional Director
Bureau of Waste Site Cleanup