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11 Notice of Responsibility 1990 S. GREENBAUM apmmissioner V J. HIGGINS told :hector 7,?e �� vstofz 00a/ten-teat ?Sanannnwatai &'y'hUy Western/ Region, 486-gluny/et fGeea, ff"(9 ./Kzem. o»os 478 784-1100 Mobil Oil Corporation Westford Technology Park 1 Technology Park Drive Westford, MA 01886 Attn: Mr. Frank Maglio Dear Mr. Maglio: APR 4 1990 Re: Northampton-ERB-W89-653 S.A. #1-0782 _ Northern Mobil Station 11 Atwood Drive M.G.L. Chapter 21E NOTICE OF RESPONSIBILITY This letter concerns the release of gasoline from a leaking underground storage system located at Northern Mobil, 11 Atwood Drive, Northampton, Massachusetts. The Department received on October 17, 1989, a PA/Phase I and Scope of Work for Phase II activities at the above-referenced site. This submittal was made on behalf of Mobil Oil Corporation by Environmental Compliance Services of Springfield, Massachusetts. Based upon the Department's ongoing review of these reports, the Department has determined that the Northern Mobil Station is a confirmed disposal site. This condition constitutes a release and/or threat hazardous materials from the site. The prevention release or threat of release is governed by M.G.L. Oil and Hazardous Material Release, Prevention and of release of oil or and/or mitigation of such a ch. 21E, the "Massachusetts Response Act." Chapter 21E identifies as responsible parties the current owner or operator of a site from or at which there is or has been a release or threat of release of oil or hazardous material; the past owner or operator of such a site; any person who directly or indirectly arranged for the transport, disposal, storage or treatment of hazardous materials to or at such a site; any person who transported hazardous materials to such a site; and any person who otherwise caused or is legally responsible for a release or a threat of release at such a site. Such parties are jointly and severally liable without regard to fault (M.G.L. ch. 21E, section 5(a) ) . Oriainal Printed on 100% Recycled Pacer This letter is to inform you in writing that: (1) Information available to the Department of Environmental Quality Engineering (pursuant to Stat. 1989, c. 240, 101. , ". . . the Department of Environmental Quality Engineering shall be known as the Department of Environmental Protection, ." hereinafter in this document referred to as the "Department") indicates that you may be a liable party pursuant to section 5(a) as described above; (2) The Department is authorized pursuant to M.G.L. ch. 21E sections 3A(j) and 4 to take such response actions at the site as it deems necessary should you fail to respond to the release or threat of release in an appropriate and timely manner; and (3) You may take the prescribed response actions in lieu of the Department. Your liability noted in (1) above may include up to three (3) times the cost of any and all response actions conducted by the Department due to the release/threat of release, including all contract, administrative, and personnel costs. In addition, you may be liable for all damages for any injury to, destruction, or loss of natural resources due to the release/threat of release. Additional liability may be imposed under M.G.L. ch. 21E section 11 in the form of fines or penalties for each violation of chapter 21E. Regardless of who performs the necessary work at the site, you may be liable for all the Department's response action costs. Response action costs include the cost of direct hours for work performed by Department employees in overseeing or arranging for response actions, any expenses incurred by the Department in support of those direct hours, as well as payments to the Department's contractors (for more detail see the cost recovery regulations at 310 CMR 40.600 et seq. ) . Your liability constitutes a debt to the Commonwealth. The debt, together with interest, constitutes a lien on all of your property in the Commonwealth. In addition to the foreclosure remedy provided by the lien, the Attorney General of the Commonwealth may recover that debt or any part of it in an action against you. You may be liable for additional penalties or damages pursuant to other statutes or common law. The Department is presently reviewing the Preliminary Assessment and Phase I- Limited Site Investigation for conformance with the requirements of the Massachusetts Contingency Plan (MCP) and will contact you when this review is completed. Please be advised that the PA and Phase I Investigation must be updated to reflect information attained from the upcoming underground storage tank removals. A tank removal report must be submitted to the Department within 30 days after the tank removal operation is complete. The need for Short Term Measures (310 CMR 40.542) should be evaluated throughout this process. You should be aware that this site may be eligible for a waiver of subsequent approvals, the Department determines that the site is not a priority site. To obtain information about the waiver process, please refer to the enclosed request form. If you intend to undertake the required actions, you must notify the Department in writing of your intent no later than seven (7) days from the date you receive this letter. Depending on the information generated by the above work, the Department may require additional investigations, studies, and actions. If you fail to take these actions or if you fail to perform these tasks in accordance with the Department's requirements, the Department may perform response actions in your stead and recover up to three (3) times its costs from you in accordance with the provisions described above. If the Department does not hear from you within the time specified above, the Department will assume that you have refused to accept responsibility for the site. The Department will soon thereafter commence response actions, and will expect to recover to the full extent of the liability set forth above. If you have any questions regarding this notice, please contact Bernard Fish of Emergency Response. Future correspondence and/or reports should be submitted to Alan Weinberg of Waste Site Clean-up. All correspondence and reports should reference the Department's Case Number, identified in the heading of this letter. Very truly yours, tephs / S h t F. Jo Regional Eng' eer Bureau of Waste Site Cleanup SFJ/BAF/bf wp:nhamp653.nor Certified Mail #P 822 034 769, Return Receipt Requested cc: Northampton Board of Health Northampton Fire Department Environmental Compliance Services