11 Notice of Responsibility 1990 S. GREENBAUM
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V J. HIGGINS
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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