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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 G� Printed on Recycled Paper (20%Post Consumer) 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.