Notice of Responsibility 1998 ENVIRONMENTAL COMPLIANCE SERVICES, INC.
Via Certified Mail
Mayor Mary Clare Higgins
210 Main Street
Northampton,MA 01060
October 9,2001
File No. 11862.20
Document No. 21166
RE: 310 Bridge Street
Northampton,MA
Release Tracking#1-963
Dear Sir/Madam:
On behalf of B&D Petroleum Sales, Inc., Environmental Compliance Services, Inc. (ECS)
submitted a Phase IV Remedy Implementation Plan to the Massachusetts Department of Environmental
Protection (DEP) on October 5, 2001. A copy of the report can be obtained by contacting the Department
of Environmental Protection,Bureau of Waste Site Cleanup,436 Dwight Street, Springfield,Massachusetts,
01103.
If you should have any questions concerning this submittal, please do not hesitate to contact our
office.
M.IB/it
cc: Board of Health-Via Certified Mail
Massachusetts DEP-Via Certified Mail
588 Silver Street
Agawam,MA 01001
413-789-3530
Fax 413.7892776
30 Harris Place
Brattleboro, 5705301
802-2511195
Fax 8042511603
Sincerely,
ENVIRONMENTAL COMPLIANCE SERVICES,INC.
Michael .Brozek
Project Manager
18 Shepherd Street
Brighton,MA 02135
617.782.4417
Fax 617-254.5939
1209 Tech Blvd.,Suite 202
Tampa, FL 33619
813-612-5900
Fax 813-612.5910
74 Boston Post Road
Madison, 1706443
203-245-3322
Fax 203-245-3494
ENVIRONMENTAL COMPLIANCE SERVICES, INC.
October 11, 2000
File No. 11862.2
Document No. 19214
Via Certified Mail
Mayor Mary L. Ford
210 Main Street
Northampton, MA 01060
RE: 310 Bridge Street
Northampton, MA
Release Tracking #1-963
Dear Mayor Ford:
On behalf of B & D Petroleum Sales, Inc., Environmental Compliance Services, Inc. (ECS)
submitted a Phase II Comprehensive Site Report and Completion Statement and a Phase III
Remedial Action Plan and Completion Statement to the Massachusetts Department of
Environmental Protection (DEP) on October 5, 2000. A copy of the report can be obtained by
contacting the Department of Environmental Protection, Bureau of Waste Site Cleanup, 436
Dwight Street, Springfield, Massachusetts, 01103.
If you should have any questions concerning this submittal, please do not hesitate to
contact our office.
KCS/dm
incerely,
NVIRONMENTAL COMPLIANCE SERVICES, INC.
Kevin C. Sheehan, P.E.,LSP, LEP
Principal, Senior Project Manager
cc: Board of Health -Via Certified Mail
Massachusetts DEP-Via Certified Mail
588 Silver Street
Agawam,MA 01001
413-7893530
fax 413-789.2776
157 Old Guilford Road M6
Brattleboro, VT 05301
802-257-1195
Fax 802-2571603
18 Shepherd Slreel
Brighton,MA 02135
617182-4417
Fox 617754.5939
2119 West Brandon Blvd., Suite R
Brandon,Fl 33511
813.643.8887
Fax 813-643-3847
74 Boston Post Road
Madison, 806443
203-245-3322
Fax 203-245-3494
ARGEO PAUL CELLUCCI
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Donald Scott
Bernadette Scott
Michael Scott
Grace McCarthy
1122 Bay Street
Springfield,Mass. 01109
RE: Northampton,1-0963
Frank's Service Center
310 Bridge Street
M.G.L.Ch 21e
NOTICE OF RESPONSIBILITY
M.G.L.c. 21E,310 CMR 40.0000
TRUDY COXE
Secretary
DAVID a.STRUMS
Commissioner
Dear Donald,Bernadette,and Michael Scott and Grace McCarthy:
During a routine site review process, the Department identified you as a Potentially
Responsible Party for the above-referenced Location to be Investigated (LTBI). In light of this
action,the Department wishes to ensure that you(as used in this notice,"you" collectively refers to
Donald Scott, Bernadette Scott, Michael Scott, and Grace McCarthy) are aware of your rights and
responsibilities under the Massachusetts Oil and Hazardous Material Release Prevention and
Response Act,M.G L.c 21E and the Massachusetts Contingency Plan(MCP),310 CMR 40.0000.
Information contained in the Department files indicates that the above-referencedproperty
has been subject to a release of oil and/or hazardous materials in unknown quantities or in excess of
the applicable reportable quantity or reportable concentration. Based on this information, the
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
436 Dwight Street • Springfield,Massachusetts D1103 • FAM/13)7841149 • TOD(413)7465630 • Telephone(413)784-1100
p
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Department has reason to believe that the property, or portions thereof, is a disposal site which
requires a response action. The cleanup of disposal sites is governed by M.G.L. c. 21E and the
MCP.
The information contained in our files and obtained during our routine file review indicates
that you are a party with potential liability for response action costs and damages under M.G.L. c.
21E, § 5. The attached summary is intended to provide you with information about liability under
Chapter 21E to assist you in deciding what actions to take in response 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.
ACTIONS UNDERTAKEN TO DATE AT THE SITE
Information on file with the Department indicates that the following actions have been
performed to date at this disposal site:
In May 1992,five on-site monitoring wells were sampled. Samples were analyzed
for volatile organic compounds using EPA Method 8020. The results revealed
concentrations of xylenes in the groundwater. The xylenes exceeded the current
Massachusetts standards for reportable concentrations.
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
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.
In addition, the MCP requires responsible parties and any other person undertaking
response actions at a disposal site to perform Immediate Response Actions in response to sudden
releases, Imminent Hazards and Conditions of Substantial Release Migration. Such persons must
continue to evaluate the need for Immediate Response Actions and notify the Department
immediately if such a need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The Department encourages parties having liability under M.G.L. c. 21E to take prompt
action in response to releases and threats of release of oil and hazardous materials. By taking
prompt action, liable parties may significantly lower cleanup costs and avoid the imposition of, or
reduce the amount of, certain permit and/or annual compliance assurance fees payable under 310
CMR 4.00.
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.
Within twenty-one (21) days from the date of this letter, you must provide the
Department with the documentation as required by 310 CMR 40.0610. If you fail to provide
a response to this notice as requested, or fail to undertake the necessary response actions in
accordance with the MCP, the Department may perform the necessary response actions and
take appropriate legal action against you. If any response actions have been taken since your
association with this disposal site, please send the Department any information that is
available.
If you have any further questions, please contact Stephen Ball at the letterhead address or by
telephone at 413-784-1100, extension 226 All future correspondence or other communications
regarding this disposal site should reference Release Tracking Number 1-0963.
Sincerely,
Alan Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup
AW/.NOR
Certified Mail# P 348 006 148, return receipt requested.
Enclosure
cc: Northampton, Board of Health
Northampton, Mayor's Office
Site files, BWSC, WERO
ARGEO PAUL CELLUCCI
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
ATTACHMENT
TRUDY COXE
Secretary
DAVID B STRUHS
Commissioner
SUMMARY OF LIABILITY UNDER CHAPTER 21E
As stated in the Notice of Responsibility accompanying this summary,the Department has
reason to believe that you are a Potentially Responsible Party("PRP")with potential liability under
M.G.L. c.21E, section 5, for response action costs and damages to natural resources caused by the
release and/or threat of release. The Department has identified you as a PRP because it believes
you fall within one or more of the following categories of persons made potentially liable by
subsection 5(a):
any current owner or operator of a site from or at which there is or has been a release or
threat of release of oil and/or hazardous material;
any person who owned or operated a site at the time hazardous material was stored or
disposed of;
any person who arranged for the transport, disposal, storage or treatment of hazardous
material to or at a site;
any person who transported hazardous material to a transport,disposal,storage or treatment
site from which there is or has been a release or threat of release of such material;and
any person who otherwise caused or is legally responsible for a release or threat of release
of oil or hazardous material at a site.
For purposes of the MCP,you are considered a Responsible Party("RP")with actual liability under
Chapter 21E if you fall within one of these categories unless you(1) are entitled to a defense under
section 5 or other applicable law, and (2) have reasonably incurred cleanup costs in an amount
equal to or greater than any applicable cap on liability under subsection 5(d).
This liability is "strict," meaning it is not based on fault, but solely on your status as an
owner, operator, generator,transporter or disposer. It is also joint and several, meaning that each
person who falls within one of these categories may be held liable for all response action costs
incurred at the 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.
436 Dwight Street • Springfield,Massachusetts 01103 • FAXI413)784-1149 • Toll(413)7465620 • Telephone(413)7841100
�F4Printed on Recycle Papa (20%Post Consumer)
Section 5 provides a few narrowly drawn defenses to liability, including a defense for
releases and damages caused by an act of God,an act of war or an act by a third party other than an
employee,agent or person with whom the party has a contractual relationship(see subsection 5(c));
a defense for certain owners of residential property at which the owner maintains a permanent
residence (see subsection 5(h)); and a defense for certain public utilities and agencies of the
Commonwealth which own a right-of-way that is a site(see subsection5 j)).
You may voluntarily undertake response actions under the MCP without having your
liability under Chapter 21E formally adjudicated by the Department. If you do not take the
necessary response actions, or fail to perform them in an appropriate and timely manner, the
Department is authorized by Chapter 21E to perform the necessary work.
By taking the necessary response actions,you can avoid liability for response action costs
incurred by the Department in performing these actions. If you are an RP and you fail to perform
necessary response actions at the site, you may be held liable for up to three(3)times all response
action costs incurred by the Department and sanctions may be imposed on you for failure to
perform response actions required by the MCP.
Response action costs include, without limitation, the cost of direct hours spent by
Department employees arranging for response actions or overseeing work performed by persons
other than the Department or its contractors, expenses incurred by the Department in support of
those direct hours, and payments to the Department's contractors(for more detail on cost liability,
see 310 CMR 40.1200: Cost Recovery). The Department may also assess interest on costs
incurred at the rate of twelve percent(12%),compounded annually.
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the
Commonwealth. To secure payment of this debt, the Department may place liens on all of your
property in the Commonwealth under M.G.L. c. 21E, section 13. To recover this debt, the
Commonwealth may foreclose on these liens or the Attorney General may bring legal action
against you.
In addition to your potential liability for response action costs and damages to natural
resources caused by the release, civil and criminal liability may also be imposed by a court of
competent jurisdiction under M.G.L. c. 21E, section 11, and civil administrative penalties may be
assessed by the Department under M.G.L.c.21A,section 16, for each violation of Chapter 21E,the
MCP or any order,permit or approval issued thereunder.
If you are an RP and you have reason to believe that your performance of the necessary
response actions is beyond your technical,financial or legal ability,you should promptly notify the
Department in writing of your inability in accordance with Chapter 21 E, subsection 5(e), and 310
CMR 40.0172. If you assert and demonstrate in compliance therewith that performing or paying
for such response action is beyond your ability,subsection 5(e)provides you with a limited defense
to an action by the Commonwealth for recovery of two to three times the Department's response
action costs and 310 CMR 40.0172 provides you with a limited defense to the Department's
assessment of civil administrativepenalties.