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53 Notice of Responsibility William F. Weld Governor Daniel S.Greenbaum commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Western Regional Office Kenneth J. Roberts 85 Prospect Street Hatfield, MA 01038 Dear Mr. Roberts : February 25, 1994 Re: Northampton Retail gasoline fa ilit- Main Street (g&( . , ;;v RTN #1-10213 RELEASE NOTIFICATION „J NOTICE OF RESPONSIBILITY MGL Ch 21E- 310 CMR 40 . 0000T'I On February 22 , 1994 at 9 :48 P.M. , the Department received oral notification of a release/threat of release of oil/hazardous material . In addition to oral notification, 310 CMR 40 . 0333 further requires that a completed Release Notification Form (attached) be submitted to the Department within 60 calendar days of the date of the oral notification. On the same date, the Department verbally approved an Immediate Response Action (IRA) in accordance with 310 CMR 40 . 0411. The approved IRA included the clean-up of approximately 20 gallons of gasoline . The IRA also includes the proper disposal of adsorbent media used in the clean up. Be advised that additional submittals to the Department _ floceccflry with regards to the approved TPA . The Department has reason to believe that the release/ threat of release you have reported is or may be a disposal site as defined in the Massachusetts Contingency Plan, 310 CMR 40 . 0000 (the "MCP" ) . The Department also has reason to believe that you (as used in this letter "you" refers to Kenneth Roberts ) are a potentially responsible party ( "PRP" ) with liability under Section 5A of MGL Ch. 21E . This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in said Section SA. This liability is also "joint and several" , meaning that you are liable for all response costs incurred at a disposal site even if there are other liable parties . 436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100 The Department encourages PRPs to take response actions at Disposal Sites. By taking the necessary response actions, you may avoid liability for costs incurred by the Department in taking such actions and any sanctions which may be imposed under M.G.L. c. 21E, M.G.L. c . 21A 5 16 or other laws for non compliance with the MCP. If you do not take the necessary response actions, or fail to perform them in compliance with the MCP, the Department is authorized by MGL Ch. 21E to perform the necessary work and recover up to three times its cost. Responsible parties have up to one year from the initial date of notification of a release/threat of release to the Department pursuant to 310 CMR 40 . 0300 or from the date the Department issues a Notice of Responsibility, whichever occurs earlier, to submit either a completed Tier Classification Submittal or a Response Action Outcome Statement to the Department . You must employ or engage a Licensed Site Professional ("LSP") since submission_ of these documents and actual response activities at the site require specific actions by an LSP. If you have any questions relative to this matter, you should contact the Emergency Response/Notification Section at the letterhead address or call John Bourcier (413) 784-1100 at extension 312 . All future communications regarding this release must reference the Release Tracking Number contained in the subject block of this letter. JSB/j sb/kml 10213 .RNF cc : Northampton Board of Health Fire Department Mayor' s Office Certified Mail # P 356 317 111 erely avid A. ck Section Chief Emergency Response ENVIRONMENTAL COMPLIANCE SERVICES, INC. October 29, 1996 File No. J11986.3 Document No. 12062 Via Certified Mail Mayor Mary L. Ford 210 Main Street Northampton, MA 01060 RE: Cumberland Farms, Inc. 53 Main Street Florence, MA Release Tracking #1-10018 Dear Mayor Ford: On behalf of Cumberland Farms, Inc. , Environmental Compliance Services, Inc. (ECS) submitted a Phase II Comprehensive Site Report and Completion Statement to the Massachusetts Department of Environmental Protection (DEP) on October 23, 1996. 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, E t IRON y NTAL COMPLIANCE SERVICES, INC. Kevin C. Sheehan, L.S.P. Principal KCS/dm cc: Board of Health - Via Certified Mail Massachusetts DEP - Via Certified Mail 588 Silver Street • Agawam. MA 01001 • 413-789-3530 • 203-291-9229 • FAX 413-789-2776 William F. Weld Governor Trudy Co,e s.ore(e,y. EOEA Thomas B. Powers commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Et ircnmentc:: Prote.t►an Western Regional Office Cumberland Farms, Inc. 777 Dedham Street Canton, MA 02021-9155 Attention: Andrew Beland May 12, 1994 RE: Northampton Cumberland Farms/Gulf 53 Main Street RTN#: 1-10018 IRA Plan Approval APPROVAL OF PROPOSAL Dear Mr. Deland: The Department of Environmental Protection, Bureau of Waste Site Cleanup, Emergency Response Section ("the Department") received a proposal on May 5, 1994 for the approval of an Immediate Response Action (IRA) Plan for the Cumberland Farms/Gulf Station located at 52 Main Street in Florence, Massachusetts. The IRA Plan was prepared and 'submitted in your behalf by Environmental Compliance Services (ECS) of Agawam. The IRA consists of the obtaining soil samples from beneath the fuel dispenser and field screening the samples with a Photoionization Detector (PID) for the presence of volatile organic compounds (VOC) . Based upon PID readings, soil will be excavated from beneath the fuel dispenser. A post excavation confirmatory soil sample will be obtained for laboratory analyses for Total Petroleum Hydrocarbons and EPA Method 8020 plus methyl tertiary butyl ether. Excavated soil will be stored in a 55 gallon drum until transport and disposal can be arranged per the Bill-of-Lading process. ECS will submit a follow-up report to the Department including recommendations for additional response actions, if warranted. The Department unconditionally approves of the IRA. If you have any questions regarding this letter, please contact Ben Fish of the Regional Emergency Response Section at the above address or 413-784-1100 ext. 285 tr .'Q .0. 4 Section Ch -AA Emergency Response BF/bf bar P:nhamp018.IRA CC: Nhamp Fire Department Nhamp Board of Health ECS, James Switzer 436 Dwight Street • Springlleld, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100 ENVIRONMENTAL COMPLIANCE SERVICES, INC. Mayor's Office City of Northampton City Hall 210 Main Street Northampton, Massachusetts 01060 October 19, 1994 File No. 11986.00 Document No. 8672 RE: Tier II Classification Cumberland Farms, Inc. 53 Main Street Florence, Massachusetts DEP Release No. 1-10018 Dear Sirs: On behalf of Cumberland Farms, Inc., Environmental Compliance Services, Inc. (ECS) has prepared the attached public notice, which is to be published in the Daily Hampshire Gazette. Pursuant to the requirements of the Massachusetts Contingency Plan, 310 CMR 40.0000, subsequent to classification of a location as a Tier II Disposal Site public notice of such classification is to made within the applicable local newspaper. Prior to this publication, the offices of the Mayor and Board of Health are to receive of copy of the proposed public notice. Publication is scheduled for October 26, 1994. If you have any questions concerning this matter, contact Mr. Andrew Beland of Cumberland Farms, Inc. 777 Dedham Street, Canton, Massachusetts, 02021-9155 at (617) 828-4900. Sincerely, ENVIRONMENTAL COMPLIANCE SERVICES, INC. F. James Sweitzer Senior Project Manager FJS/jm Atachment cc: Northampton Board of Health Mr. Andrew Beland, Cumberland Farms, Inc. Mr. Oliver Udemba, Cumberland Farms, Inc. Massachusetts Department of Environmental Protection, Springfield 588 Silver Street • Agawam. MA 01001 • 413-789-3530 • 103-191-9119 • FAX 413-789-1776 NOTICE OF AN INITIAL SITE INVESTIGATION AND TIER II CLASSIFICATION Cumberland Farms, Inc. 53 Main Street Florence, Massachusetts Release Tracking No. 1-10018 Pursuant to the Massachusetts Contingency Plan (310 CMR 40.0480), an Initial Site Investigation has been performed at the above referenced location. A release of oil and/or hazardous materials has occurred at this location which is a disposal site (defined by M.G.L. c. 21 E, Section 2). This site has been classified as Tier II, pursuant to 310 CMR 40.0500. Response actions at this site will be conducted by Cumberland Farms, Inc. who has employed Kevin C. Sheehan to manage response actions in accordance with the Massachusetts Contingency Plan (310 CMR 4.0000). M.G.L. c. 21 E and the Massachusetts Contingency Plan provide additional opportunities for public notice of and involvement in decisions regarding response actions at disposal sites: 1) the Chief Municipal Official and Board of Health of the community in which the site is located will be notified of major milestones and events, pursuant to 310 CMR 40.1403; and 2) Upon receipt of a petition from ten or more residents of the municipality in which the disposal site is located, or of a municipality potentially affected by a disposal site, a plan for involving the public in decisions regarding response actions at the site will be prepared and implemented, pursuant to 310 CMR 40.1405. To obtain more information on this disposal site and the opportunities for public involvement during its remediation, please contact Andrew S. Beland, Cumberland Farms, Inc., 777 Dedham Street, Canton, Massachusetts 02021-9155, at (617) 828-4900.