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Release of Notification 1999 ARGEO PAUL CELLUCCI Governor AMI Leasing 46 West Boylston St. Worcester, MA 01613 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE Attention: Diane Mohieldin Dear Ms. Mohieldin, June 1 1999 TRUDY COXE Secretary DAVID B. STRUMS Commissioner Re:Northampton RTN: 1-12957 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L.c.21E and 310 CMR 40.0000 On May 28, 1999, at 3:35 PM, Dispatcher Willard of the Northampton Fire Department provided oral notification to the Department of a release of diesel fuel on the property on West _Street in Northampton, Massachusetts. In addition to oral notification, 310 CMR 40.0333 further requires that a completed Release Notification Form (attached) be submitted to the Department within 60 calendar days of the date of the oral notification. The Department has reason to believe that the reported release is or may be a disposal site as defined in the Massachusetts Contingency Plan, 310 CMR 40.0000 (the "MCP"). The Department also has reason to believe that you (as used in this letter "you" refers to AMI Leasing) are a potentially responsible party (PRP) with liability under Section 5A of M.G.L. c. 2W. 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. The Department encourages PRPs to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking the necessary response actions, 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 or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 436 Dwight Street • Springfield,Massachusetts 01103 • FAX(413)784-1149 • TOD(413)746-6630 • Telephone(413l 784-1100 CJ Printed on Recycled Paper(20%Post Consumer) AMI Leasing I-12957 Notice of Responsibility for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c. 21E is attached. 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. You are reminded that, at the time of oral notification to DEP, you were advised by the Department that the following response actions were approved as an Immediate Response Action (IRA): Deployment of absorbents as needed and the off-site disposal of contaminated absorbents. Specific approval is required from the Department for the implementation of all IRAs with the exception of the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA Completion Statement and/or Response Action Outcome (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. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of a Licensed Site Professional (LSP). The Department has recorded Steve Migridician of Corporate Environmental Advisors as LSP for this site. If you have any questions relative to this notice, you should contact Joanne Flescher at the letterhead address or at (413) 784-1100 x314. All future communications regarding this release must reference the Release Tracking Number (RTN) contained in the subject block of this letter. Very truly yours, David A. Slows Section Chief Emergency Response AMI Leasing 142957 Notice of Responsibility IMF/jmf/kml \12957.rnf Enclosure: Release Notification Form; BWSC-103 and Instructions Summary of Liability Under Chapter 21E Certified Mail # Z 462 493 211 Return Receipt Requested cc: Northampton: Board of Health Fire Department Board of Selectmen Steve Migridician, LSP, Corporate Environmental Advisors RGEO PAUL CELLUCCI overnor Williams Distributors 372 Pasco Road Springfield, MA 01109 Attention: Bill Phelon Dear Mr. Phelon, COMMONWEALTH OF MASSACHUSE I 1 S EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE June 16, 1999 TRUDY COXE Secretary DAVID B. STRUMS Commissioner Re:Northampton RTN: 1-12957 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L.c.21E and 310 CMR 40.0000 On May 28, 1999, at 3:35 PM, Dispatcher Willard of the Northampton Fire Department provided oral notification to the Department of a release of diesel fuel on the property on,West Street in Northampton, Massachusetts. In addition to oral notification, 310 CMR 40.0333 further requires that a completed Release Notification Form (attached) be submitted to the Department within 60 calendar days of the date of the oral notification. The Department has reason to believe that the reported release is or may be a disposal site as defined in the Massachusetts Contingency Plan. 310 CMR 40.0000 (the "MCP"). The Department also has reason to believe that you (as used in this letter "you" refers to Williams Distributors) are a potentially responsible party (PRP) with liability under Section 5A of M.G.L. c. 21E. 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. The Department encourages PRPs to take prompt and appropriate actions in response to releases and threats of release of oil and/or ha7ardous materials. By taking the necessary response actions, 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 or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 436 Dwight Street • Springfield,Massachusetts 01103 • FAX(413)7611149 • TOD(413)7464620 • Telephone(413)784-1100 CJPrinted on Recycled Paper(2Ph Post Consumer) Williams Distributors 1-12957 Notice of Responsibility for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c. 21E is attached. 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. You are reminded that, at the time of oral notification to DEP, you were advised by the Department that the following response actions were approved as an Immediate Response Action (IRA): Deployment of absorbents as needed, and the off-site disposal of contaminated absorbents. Specific approval is required from the Department for the implementation of all IRAs with the exception of the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA Completion Statement and/or Response Action Outcome (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. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of a Licensed Site Professional (LSP). The Department has recorded Steve Migridician of Corporate Environmental Advisors as LSP for this site. If you have any questions relative to this notice, you should contact Joanne Flescher at the letterhead address or at (413) 784-1100 x314. All future communications regarding this release must reference the Release Tracking Number (RTN) contained in the subject block of this letter. Section Chief Emergency Re ponse Williams Distributors I-12957 Notice of Responsibility JMF/jmf/kml 12957.rnt Enclosure: Release Notification Form, BWSC-103 and Instructions Summary of Liability Under Chapter 21E Certified Mail # Z 462 493 211 Return Receipt Requested cc: Northampton: Board of Health Fire Department Board of Selectmen Steve Migridician, LSP, Corporate Environmental Advisors Diane Mohieldin, AMI Leasing, 46 West Boylston St., Worcester, MA 01613