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,