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453 Audubon Road DEP Notification 3-20-20Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Western Regional Office <436 Dwight Street, Springfield MA 01103.413-784-1100 Charles D. Baker Kathleen A. Theohandes Governor secretary Karyn E. Polito - Martin suuberg Lieutenant Governor Commissioner Mr. ,Joel Gorclon Nlavch 20. 2020 453 Audubon Road Lce(k v1A 01053 Re: Leeds '153 Audubon Road RfN 1-'_1061 RELEASE. NOTIFICATION and NOTICE OF RESPONSIBILITY: M.G.L. c. 21 E and 310 CNIR 40.0000 Dear Mr. Gordon: Oil March 16. 2020 at 12:45 PML notification 1\as provided to the Department cf 13tcironntental Protection (the Department) of a release of home heatin, oil. As reported. an unknovnl amount of home heatin, oil %vas obscrved emanating from it crack Nvithin the garage of the residence at 453 Audubon Road in Leeds. Massachusetts (tile site). The release is likely associated with fill pipes located under the sttvcture serving an above-groun(I storage Will, s.'stenl. ibis constitutes a reportable release as listed in he Massachusetts Conlin,oencc Plan. 310 CMR 40.0000 (the "MCP"). In addition to oral notilication. 310 CMR 40.0333 further requires that completed Release N(dification Form (RNP) be submitted to the Department lvithiu 60 calendar days of the (late of the oral notification. The Department has reason to bcliecc that the release that tvss reported is or nlay be it disposal site as defined in the MCT. The Department also has reason to believe that foo are it potentially responsible partv (PRP) kith liability under Section 5(a) of INCUL. c. 211:. I his liabiliqis "strict". meanillu that it is not based on fault. but so101}' on }our staRIS as omler, operator. generator. transporter. disposer or other person specilie(1 in said Section 5(a). This liability is also 'Joint and several". meaning that yoil are liable 1101 -all response costs IlICHIT'edl ala disposal site earn if there are other liable parties. The Department cncoura(_es PRPs to take prompt and appropriate actions in response to releases and tlueats of release of oil and/or hazardous materials. 13y takine the ncccssary response actions. you nrlc significantly lolcer N'our assessment and cleanup costs and/or avoid liability Ibr cost, incurred by the Department in taking such actions. You mac also avoid or reduce certain permit of- annual compliance fees pa)'able under 310 CNIR 4.00. Please refer to M.G.L. c. 21 E for it complete description of potential liabilit . This Information Is available In alternate formal. Conflict Michelle Waters•Ekanenl, Director of DiversitylCivil Rlal+ts at 617-292-5751. TTYtf Ma ssRetay Service 1.000.439.2370 MassnEP Weles0e. mm were gov/dep Printed on Recycled Paper Leed%, Gm don resldenve, til release ,153, lueluhon Rum! RKV 1-21003 PIe20/'.3 You should be at%are that you may have claims against third parties for damages, including claims Io,- contribution orcontribution or reimbursement liar the costs of cleanup. Such claims do not dist indclinitch but are governed by Ws "hich establish the time allo"ed kir bringing litigation. The Department encourages you to lake any actions necessary to protect any such claims you may We against third parties. At the time of oral notification to the Department, the Department approved the 1,61ION ing response actions as Immediate Response Actions (IRA): o I:)eploymcnl and collection of absorbonl and containment materials: ® Excavation and proper disposal of up to 50 cubic yards ofoil impacted soil. Specific approval is required from the Department for the implementation ol'an IRA %rith the c\ecption of assessment activities, the construction of a Bate and/or posting of signs. Additional submittals nre necessary v,ith regard to this notification including. but not limited lo. the filing oran IRA Plan \N 11hin 60 days of the date of notification, unless an IRA Completion Statement and/or a permanent or temporary solution stotentent has been filed prior to that date. The MCP requires that n be or S147WOU be submitted to the Department tyhen a permanent or temponny solution statement is filed greater than 120 days from the date of initial notilicalion. Unless other he proWd by the Department, responsible parties have one year from duo initial date notice ofa release or threat of release is provided to the Department pursuant to 310 CNIR 10.0300 or from the dart Me Department issues a Notice of Responsibility. "hichever occurs earlier to lilt with the Deparunenl one of the Pollotyin-, srbntittals: (I) a completed Thr Classification Submittal_ or (3) a permanent or lempomry solution statement: or (.i) a Dotrnpudient Properly Status Submittal. The 011e -year :vuticersary date for this release is March 16, 2021. Please note that all submittals fbr this release that require an LSP opinion must he submitted through c- AT. MassDf:P's electronic document and form submittal repository. Por more information on electronic submittal of forms and reports, please visit MassDEP's tyebsitc. http://www.naass. aov/eea/a�enci eshnassdep/service/online/edep-online-fi I it�t!.lriml. It is important to note that vat must dispose of any Remediation waste generated at the subject locations in accordance "ith 310 C'MR -10.0030 including. %%ithout limitation, contaminated soil and/or debris. Any Bill of lading accompanying such "astc must bear the seal and signature of a licensed Site Professional (LSP). You may contact the LSP Board of Registration at 617/556-1091 to obtain the current LSP list. I'he ISP list is also available via the follO"wg lint:: haps://ceaonline.eeastate.mst.us/porta.14!/search/lsn. Leede, Gordon revNeuce, oil release 453. nrduhou Rom! Rl Y 42I0M Page 3 0/'3 If you havc any questions relative to this notice. yOil should contact ,1001 Rees al the above letterhead address or h) telephone at 413-755-2114. All future conimin inions mgmAilig INS release must reference the Release lYacking Numbcr (R IN) contained in the subject bbclt of this letter. Sinecreh% David A. Sloevick � Section Chief Emergency Response ITOjgrknm P: 1-21061 Leets (Jordon nil jc1cazc NOR C-ccl Nol'lhalajaon: Maol's office I leallh Oepmv»enl Pile Deportment Denise F.ovuuns. Mas DIT :At tactunenb to addroasce oil lc: Release Notificmion Form: ItVA'SC 103 and in,ouetions Sunuuou_e of] hlbililc under AL(i.l.. C.21 1,