255 Septic Letters 2002 JANE SWIFT
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
January 16, 2002
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL:RETURN RECEIPT REQUESTED
Jeffrey Comenitz
87 Ferrante Street
Greenfield,Massachusetts 01301
e: Northampton
255 Coles Meadow Road
NEW RELEASE TRACKING NUMBER
RTN 1-14255
C11-C22 Aromatic Hydrocarbon Release
NOTICE OF RESPONSIBILITY
M.G.L.c.21E,310 CMR 40.0000
Dear Mr.Comenitz:
BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
On January 8, 2002, the Department received a Release Notification Form (RNF)for property at 255 Coles
Meadow Road, in Northampton, Massachusetts. The RNF indicates that soil at the subject location(the site)
has been impacted by a release consisting of the C11-C22 aromatic hydrocarbons. In light of this information,
the Department wishes to ensure that you are aware of your rights and responsibilities under the
Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, and the
Massachusetts Contingency Plan(MCP),310 CMR 40.0000.
The information contained in your submittal indicates that the above-referenced property has been subject to
a release of petroleum hydrocarbons in excess of the applicable reportable quantity or reportable
concentration that affected the soil at the site Based on this information, the Department has reason to
believe that the property, or portions thereof, is a disposal site which requires a response action. The cleanup
of disposal sites is governed by M.G.L.c.21 E and the MCP.
The information contained in your submittal also indicates that you (as used in this letter"you" refers to the
Jeffrey Comenitz.)are a party with potential liability for response action costs and damages under M.G.L. c.
21E, § 5. The attached summary is intended to provide you with information about liability under Chapter
21 E to assist you in deciding what actions to take in response to this notice.
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
435 Dwight Street•Springfield.Massachusetts 01103•FAX(413)784-1149•TM)(413)748-6620•Telephone(413)784-1100
0 Printed on Recycled Paper
255 Coles Meadow Road,Northampton,Massachusetts
Notice of Responsibility
RTN 1-14255
Page 2
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.
ACTIONS UNDERTAKEN TO DATE AT THE SITE
The Release Notification Form(RNF) indicates that soil at the site is contaminated with the Cli C22 aromatic
hydrocarbon. Please submit to the Department a summary of any environmental assessment activities
conducted on site within the next 30 days of the date of this letter.
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
No disposal site will be deemed to have had all the necessary and required response actions taken for it
unless and until all substantial hazards presented by the release and/or threat of release have been eliminated
and a level of no significant risk exists or has been achieved in compliance with M.G.L. c. 2IE and the
MCP.
The MCP requires persons undertaking response actions at a disposal site to submit to the Department a
Response Action Outcome Statement prepared by a Licensed Site Professional upon determining that a level
of no significant risk already exists or has been achieved at the disposal site.
Unless otherwise provided by the Department, responsible parties have one year from the initial date notice
of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the
date the Department issues a Notice of Responsibility,whichever occurs earlier,to file with the Department
one of the following submittals: (1) a completed Tier Classification Submittal; or (2) a Response Action
Outcome Statement;or(3)a Downgradient Property Status Submittal. If required by the MCP,a completed
Tier I Permit Application must also accompany a Tier Classification Submittal. The deadline for these
submittals for this disposal site is January S,2003.
In addition, the MCP requires responsible parties and any other person undertaking response actions at a
disposal site to perform Immediate Response Actions in response to sudden releases,Imminent Hazards and
Conditions of Substantial Release Migration. Such persons must continue to evaluate the need for
Immediate Response Actions and notify the Department immediately if such a need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The Department encourages parties having liability under M.G.L. c. 21E to take prompt action in response
to releases and lower cleanup costs and avoid the imposition of, or reduce the amount of, certain permit
and/or annual compliance assurance fees payable under 310 CMR 4.00 (e.g., no annual compliance
assurance fee is due for Response Action Outcome Statements submitted to the Department within 120 days
of the initial date of release notification).
You must employ or engage a Licensed Site Professional to manage, supervise or actually perform all
response actions which you intend to undertake at this disposal site. You may obtain a list of the names and
addresses of Licensed Site Professionals by contacting the Board of Registration of Hazardous Waste Site
Cleanup Professionals by telephone at (617) 556-1145 or in person or by mail at One Winter Street, 6th
Floor,Boston,Massachusetts 02108. The Department has recorded Kevin Sheehan as LSP for this site.
255 Coles Meadow Road,Northampton,Massachusetts
Notice of Responsibility
RTN 1.14255
Page 3
If you have any questions relative to this notice, you should contact Caprice G. Shaw at the letterhead
address or (413) 755-2125. All future communications regarding this release must reference the Release
Tracking Number(RTN)contained in the subject block of this letter.
Sincerely,
Alan Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup
AW:CGS/kml
Enclosure
Certified Mail No. 7001 1940 0005 9875 8066, Return Receipt Requested
cc: Northampton:
Board Of Health
Board of Selectmen
Fire Department
Kevin Sheehan,LSP
ENVIRONMENTAL COMPLIANCE SERVICES, INC.
May 15,2002
File No. 14390
Document No.22325
Via Certified Mail
Mayor Mary Clare Higgins
210 Main Street
Northampton, MA 01060
RE: 255 Coles Meadow Road
Northampton,MA
Release Tracking#1-14255
Dear Mayor Higgins:
On behalf of Mr. Jeffrey Comenitz, Environmental Compliance Services, Inc. (ECS) submitted a
Response Action Outcome Statement to the Massachusetts Department of Environmental Protection(DEP)
on May 14, 2002. A copy of the report can be obtained by contacting the Department of Environmental
Protection,Bureau of Waste Site Cleanup,436 Dwight Street, Springfield,Massachusetts,01103.
If you should have any questions concerning this submittal, please do not hesitate to contact our
office.
Sincerely,
ENVIRONMENTAL COMPLIANCE SERVICES,INC.
SH/lt
cc: Board of Health-Via Certified Mail
Massachusetts DEP-Via Certified Mail
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tephen Herzog
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