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525 Mt. Tom Road DEP Nortificationf _ Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Western Regional Office >436 Dwight Street, Springfield MA 01103 ^413-784-1100 C:hades L'. Baker Governor Kathleen T. l'ileohaddes >ecretary Karyn r, 710ito 'Al Suatrem, Umitenrant Governor Commissioner MG Logistics, Inc. 10505 Delta Parkway Schiller Park, IL 60176 Attention: Claims Dear MG Logistics, Inc.: April 17,2020 Re: Northampton Packaging Corp of America Paved Parking Lot Diesel Fuel Release RTN 1-21079 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L. c. 21E and 310 CMR 40.0000 On April 16, 2020 at 5:43 AM, personnel from Packaging Corporation of America notified the Department of Environmental Protection (the Department or "MassDEP") of a release of diesel fuel at the subject location (the site). As reported approximately 14 gallons of diesel fuel leaked from a MG Logistics, Inc. tractor trailer truck's fuel system onto paved and unpaved areas of the parking lot at the site. This constitutes a reportable release as listed in the Massachusetts Contingency Plan, 310 CMR 40.0000 (the "MCP"). In addition to oral notification, 310 CMR 40.0333 further requires that completed Release Notification Form (RNF) be submitted to the Department within 60 calendar d1ys of the date of the oral notification. The Department has reason to believe that the release that was reported is or may be a disposal site as defined in the MCP. The Department also has reason to believe that you (as used in this letter "you" refers to Packaging Corporation of America) are a potentially responsible party (PRP) with liability under Section 5(a) of M.G.L. c. 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 5(a). 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. Please note that the Department has also identified the owner of the property, Packaging Corporation of America as a PRP for this release. Packaging Corporation of America has arranged for completion of response actions at the site. The Department encourages you to coordinate response actions with them. This Information Is available In alternate format. Contact Michelle Waters-Ekanem, Director of Diversity/Civil Rights at 617-292.5751. TTy', MassRelay service 1.800.439-2370 MassDEP Website: %v ",mass,govldep Printed on Recycled Paper MG Logistics, Inc. Notice of Responsibility RTN 1-21079 Page 2 of 3 The Department encourages PRPs to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking the necessary response actions, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for a complete description of potential liability. 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 actions necessary to protect any such claims you may have against third parties. At the time of notification, the Department approved the following response actions as Immediate Response Actions (IRA): deployment of absorbents; excavation and off-site recycling/disposal of up to 10 cubic yards of oil -contaminated soil; and, completion of assessment activities. Specific approval is required from the Department for the implementation of an IRA with the exception of assessment activities, the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA Plan within 60 days of the date of notification, unless an IRA Completion Statement and/or a Permanent or Temporary Solution Statement has been filed prior to that date. IRA Status Reports are required to be submitted within 120 days of the date of notification and every six months thereafter, unless an IRA Completion Statement and/or a Permanent or Temporary Solution Statement has been filed prior to the IRA submittal due dates. The MCP requires that a fee of $1470.00 be submitted to the Department when a permanent or temporary solution statement is filed greater than 120 days from the date of initial notification. 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 Permanent or Temporary solution statement; or (3) a Downgradient Property Status Submittal. The one-year anniversary date for this release is April 16, 2021. Please note that all submittals for this release that require an LSP opinion must be submitted through e -DEP. MassDEP's electronic document and form submittal repository. For more information on electronic submittal of fomts and reports, please visit MassDEP's website, http•//www mass-ov/eea/a eiicies/massdep/service/online/edep-online-filing litml. It is important to note that you must dispose of any Remediation Waste generated at the subject locations in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste 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. The LSP list is also available via the following link: https:Hecaoffline.eea.state.ma.us/portal#!/searcb/Isp The Department has listed Jeffrey Arps of Tighe & Bond, Inc. as the LSP for this release. MG Logistics, Inc. Notice of Responsibility RTY 1-21079 Page 3 of If you have any questions relative to this notice, you should contact Anthony Kurpaska at 413-755-2236 or write to the above letterhead address. All future communications regarding this release must reference the Release Tracking Number (RTN) contained in the subject block of this letter. Sit cerely, David A. Slowick Section Chief Emergency Response AFK/DAS/kmn P:1 -21079 -Northampton -NOR -2 e -cc: Northampton: Fire Department Health Department Mayor's Office Denise Andler. DFP WERO Jeffrey Arps, Tighe & Bond, Inc., LSP of Record Dave Nelson, Clean Harbors Tont Dougherty, Packaging Corporation of America Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs \ Department of Environmental Protection Western Regional Office o 436 Dwight Street, Springfield MA of 1 o3 e 413-784-1100 atr,ri't;, D Baker Kath!ean A Theehor:ies Governor ac crctz:r tQ:rtin F. politc talar[❑ S;IW> r c ,.ic:utF:n.ant Governor Ccmrnitstoner Tom Dougherty Packaging Corporation of America 525 Mount Tom Road Northampton, MA 01060 Dear Mr. Dougherty: April 17, 2020 Re: Northampton Packaging Corp of America Paved Parking Lot Diesel Fuel Release RTN 1-21079 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L. c. 21E and 310 CMR 40.0000 On April 16, 2020 at 5:43 AM, Ron Russel of your office notified the Department of Environmental Protection (the Department or "MassDEP") of a release of diesel fuel at the subject location (the site). As reported approximately 14 gallons of diesel fuel leaked from a tractor trailer truck's fuel system onto paved and unpaved areas of the parking lot at the site. This constitutes a reportable release as listed in the Massachusetts Contingency Plan, 310 CMR 40.0000 (the "MCP"). In addition to oral notification, 310 CMR 40.0333 further requires that completed Release Notification Form (RNF) be submitted to the Department within 60 calendar days of the date of the oral notification. The Department has reason to believe that the release that was reported is or may be a disposal site as defined in the MCP. The Department also has reason to believe that you (as used in this letter "you" refers to Packaging Corporation of America) are a potentially responsible party (PRP) with liability under Section 5(a) of M.G.L. c. 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 5(a). 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. Please note that the Department has also identified the owner of the truck, MG Logistics, Inc. as a PRP for this release. The Department encourages PRPs to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking the necessary response actions, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the This information is available In alternate format. Contact Michelle Waters-Ekanem, Director of DlversitylGivil Rights at 617-292.5751. TTY# MassRelay Service 1.800.439.2370 MassDEP Website: %v .mass.govldep Printed on Recycled Paper hb•. Tom Dougherty Packaging Corporation offLnerica :Notice of Responsibility RTN 1-21079 Page 2 of 3 Department in taking such actions. You may also avoid or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for a complete description of potential liability. 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 actions necessary to protect any such claims you may have against third parties. At the time of notification, the Department approved the following response actions as Immediate Response Actions (IRA): deployment of absorbents; excavation and off-site recycling/disposal of up to 10 cubic yards of oil -contaminated soil; and, completion of assessment activities. Specific approval is required from the Department for the implementation of an IRA with the exception of assessment activities, the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA Plan within 60 days of the date of notification, unless an IRA Completion Statement and/or a Permanent or Temporary Solution Statement has been filed prior to that date. IRA Status Reports are required to be submitted within 120 days of the date of notification and every six months thereafter, unless an IRA Completion Statement and/or a Permanent or Temporary Solution Statement has been filed prior to the IRA submittal due dates. The MCP requires that a fee of $1470.00 be submitted to the Department when a pernianent or temporary solution statement is filed greater than 120 days from the date of initial notification. 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 Permanent or Temporary solution statement; or (3) a Downgradient Property Status Submittal. The one-year anniversary date for this release is April 16, 2021. Please note that all submittals for this release that require an LSP opinion must be submitted through e -DEP, MassDEP's electronic document and form submittal repository. For more information on electronic submittal of forms and reports, please visit MassDEP'S website, http://www.mass.gov/eea/agencies/massdgQlservice/online/edea-online-filing.hbnl. It is important to note that you must dispose of any Remediation Waste generated at the subject locations in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste 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. The LSP list is also available via the following link: haps://eeaonline.ee&state.ma.us/portal#!/search/lsp. The Department has listed Jeffrey Arps of Tighe & Bond, Inc. as the LSP for this release. Mr. Tom Dougherty Packaging Corporation ofAmerica Notice ofResponsibitity RTN 1-21079 Page 3 of If you have any questions relative to this notice, you should contact Anthony Kurpaska at 413-755-2236 or write to the above letterhead address. All future communications regarding this release must reference the Release Tracking Number (RTN) contained in the subject block of this letter. Sincerely, V4-9 'L . I1J�Siv,ti. ��.z [>U-7 David A. Slowick Section Chief Emergency Response AFIUDAS/kmn P:1 -21079 -North ampton-NOR e -cc: Northampton: Fire Department Health Department Mayor's Office Denise Andlee DEP WERO Jeffrey Arps, Tighe & Bond, Inc., LSP of Record Dave Nelson, Clean Harbors cc: MG Logistics, Inc., 10505 Delta Parkway, Schiller Park, IL 60176