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THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ANNOUNCES THE SCHEDULING OF A PUBLIC HEARING AND PUBLIC COMMENT PERIOD ON THE
PROPOSED PLAN FOR THE ATLAS TACK CORPORATION SUPERFUND SITE FAIRHAVEN MASSACHUSETTS THIS PROPOSED PLAN ADDRESSES THE
CONTAMINATED SOILS SEDIMENTS AND GROUNDWATER AT THE SITE LOCATED AT 83 PLEASANT ST IN FAIRHAVEN
The United States Environmental Protection Agency recently completed a Proposed_PlanJp ___ __ _ address the Atlas Tack Superfund Site in Fairhaven EPA invites public comment on-thl 7V N ~r~
ltrVProposed Plan as well as the other cleanup alternatives which EPA evaluated ~ LJ r r
EPA has extended the public comment period from 30 to78 days The comment period^wiJI-run-i3 i from December 21998 through February 191999 to provide an opportunity for the public to participate in the selection of the cleanup plan During the comment period the public is invited to review the Proposed Plan which is available at the Information Repositories listed below and to offer written or verbal comments
EPA and the Massachusetts Department of Environmental Protection will conduct a public hearing at 700 pm on Thursday February 111999 to accept verbal comments on the preferred alternative as presented in the EPA Proposed Plan In the event of bad weather the Public Hearing will be held on February 18th at 700 pm Both events will be held at the Fairhaven Town Hall 40 Center St in Fairhaven The hearing will be transcribed and a copy of the transcript will be available at the Information Repositories Interested citizens may submit written statements or offer verbal comments on the Proposed Plan at the hearing
The Proposed Plan presents four cleanup alternatives for addressing contaminated soils and sediments at the site limited or no further action treating the contaminated soils and sediments combined with on-site disposal and off-site disposal of the contaminated soils and sediments The Proposed Plan presents two cleanup alternatives for addressing contaminated groundwater minimal action or groundwater treatment
EPAs preferred alternative for the contaminated soils and sediments is treatment with on-site disposal The treatment with on-site disposal alternative involves excavating contaminated soils and sediments treating them with a chemical agent and consolidating the treated soils and sediments in an on-site disposal area
EPAs preferred alternative for the contaminated groundwater is minimal action The groundwater will be allowed to improve naturally following the removal of the contamination sources Institutional controls and monitoring activities will be established to restrict the use of groundwater
If you would like to comment in writing on the Proposed Plan please mail your written comments (postmarked no later than February 11999) to Paul Craffey Remedial Project Manager 1 Congress St Suite 1100 (HBO) Boston MA 02114 617-918-1327 fax (617) 918shy1291 or by e-mail to craffeypaulepamailepagov
Millicent Public Library EPA Records Center 45 Center Street 90 Canal Street Fairhaven MA 02719 Boston MA 02114 (508) 992-5342 (617) 573-5729
Any general questions concerning the Atlas Tack Corporation Superfund Site should be directed to Angela Bonarrigo EPAs Community Involvement Coordinator at (617) 918-1034
US 108056
ADVOCATE PPOVINCETOWM HA
laquo jY 7000
MOV 19 1998
Attas weight of th j|sectp(| v-r
Removal of saw-tooth roof ByLORIREBELLO fclaquo2pound
gtvlaquo Editor rpTAlRHAVEN - Finally aftepound^ more man a decade of frmtorionX Fairhaven residents are watching me walls come down at Atlas Tack bull The century-old former nail and tack factory located on Pleasant Street has been the cetitef of Hebate since the state Department of Enshyvironmental Protection (DEP) disshycovered contaminants onlt the site in the late 1970s Further studies and entry on the National Priorities List for federal Superrund sites in 1990 has prompted more discussion inshyvestigations and legal maneuvering
Now due in part to the diligence of selectmen both past and present Town Counsel Thomas Crotty and DEP and Environmental Protection Agency (EPA) officials the town is seeing flJetfontractors remove the saw-tooth roof from the center build-mg
Its almost to the point of being
Aic iaid Selectman Bryan
turned tip the heat conshysiderably on the EPA and Atlati Tack to exshypedite the cleanup said Selectman Robert Hamilton and I think it has worked
channels There have been so many people involved especially Tom Crotty He has done an excellent job without his expertise wed be lost
The latest court order requires Atlas Tacks owner Great Northern
Industries to take down thereof and or structures flat may
i EPA workers during Removal of the
rea^mree-stoiybuiklingmayabobe necessary for safety reasons alshythough demolition is not scheduled
Its my understanding that the walls are collapsing1 Selectman Wood added while Selectman Win Eckenreiter noted Some of the roof is already caving in Theyneedto get in mere and look at it
Great Northern Industries has contracted the project to EMB Demolition of North Dartmouth Regional Industrial Services of Belshylingham MA under the supervision of Larry Hurley is subcontractor on the site
This is a good sized job Mr Hurley admitted noting they ve been taking the roof apart piece by piece for the past two weeks He expected
(Please continue on page 2)
US 168057
THIS CROSS-SECTION of a side wall at Adas Tack Fairhaven exshyposes the wooden beams and very little else that is keeping the old roof in place (Photo by Lori Rebello)
The popularity of the bike path helps fuel ideas he added such as pocket parks and rest stops for bicyclists It could be put to very good use he said
Ultimately the EPA will dictate how far to take the cleanup which will narrow the options down conshysiderably And cost as always plays into their decision
We will not know what were getting into until we start digging admitted Selectman Eckcnreiter but at least were going forward
As a group selectmen are shying away from leaving the contaminants covered on site even with regular monitoring Theyd prefer to have the hazardous materials removed and disposed off site And sensitivity 4ltJ bull the residents living in the neighbdrshyhood is also a priority
I know the neighbors are imshypatient and I agree with them but I think were a couple of years away from a complete cleanup Chairman Hamilton confessed Eventually theres light at the end of the tunnel and this is our first light
bullJ
US 108058
RETURN RECEIPT REQUESTED --SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis f
The United States Environmental Protection Agency (EPA) has information indicating that you or your company GNI Inc may have contributed tQ the contamination of the Atlas Tack Corporation Superfund Site (Site) located hi Fairhaven Massachusetts Specifically EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site And that during the period of operation there were releases of hazardous substances into the environment At this point EPA has made no determination concerning the information in its possession or the potential liability of you and your company for the contamination at the Site
EPA has incurred costs and anticipate incurring additional costs in the future to address the contamination at the Site EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) EPA would like to inform you and your company of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely US 108059
CONCURRENCES
|T I I r ajricia L Meaifey -Director-)
e of Site Remediation aid Restpratipi DATE
EPA Remedial Program Manager EPA OFFICIAL FILE COPY
GPO 1983 0 - 403-201 Dan Coughlin Section Chief EPA Marcia Lamel Senior Enforcement Counsel EPA
RETURN RECEIPT REQUESTED - SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis ^=rr
266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis
The United States Environmental Protection Agency (EPA) has information indicating that you may have contributed to the contamination of the Atlas Tack Corporation Superfund Site (Site) located in FairhaVen Massachusetts Specifically the EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site and thjt during the period of operation there were releases of hazardous substances into the environment At this point the EPA has made no determination concerning the information in its possession or your potential liability for the contamination at the Site
The EPA has incurred costs and anticipates incurring additional costs hi the future to address the contamination at the Site The EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) the EPA would like to inform you of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely
Patricia L Meaney Director Office of Site Remediation and Restoration US 108060
cc Paul Craffey Remedial Program Manager FPA nan fMinhli in Sprtinn fl of tTgtA CONCURRENCES
SYMBOL k Marcia Lam 1 Senior En prcernentCp WseJEPA MfO WNAME fe ftJin ^JMlU pmdash t -
-bullATE ^ lilfiE ltgt99laquo1 mdash ~ OFFICIAL FILE COHt EPA Perm 1320-1 (12-70)
GFO 1913 0 - 40J-201
SENDER bullComplete Hams 1 andor 2 for additional services I also wish to receive the bullComplete items 34a and 4b following services (for an bull Print your name and address on the reverse of this form so that we can return this extra fee) card to you bullAttach this form to the front of the maflpiece or on the back If space does not 1 D Addressees Address
bullWriteReturn Receipt Requested on the mailptece below the article number 2 QbullThe Return Receipt win show to whom the article was delivered and the date
3 Artcto Addressed to 4a
^ Mr Leonard Lewis President 4b Service Type
GNI Inc D Registered SfCe recertified
D Express Mall D Insured 266 Beacon Street D Return Receipt (or Merchandise DjSOD Boston MA 02116 7 Date of Delivery
5 Received By (Print Name) 8 Addressees Addn and fee Is paid)
6 Signature orAgent)
X PS Form 3811 December 1894 102595-97-B-0179 Domestic Return-Receipt
Z S 3 M 70^ 302
US Postal Service bullbull Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See reverse) Sent to
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 021 16
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to Whom amp Date Delivered Return Receipt Showing to Whom Date amp Addressees Address
TOTAL Postage amp Fees $
Postmark or Date
US 108061
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY | REGION 1 JOHN F KENNEDY FEDERAL BUILDING f BOSTON MASSACHUSETTS 02203-0001
November 27 1998
Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject Site Visit Atlas Tack Corp
Dear Mr Lewis
The EPA is planning to visit the Atlas Tack Corp Superfund Site on December 1 1998 at 300 PM The purpose of the site visit is to inspect the work on the removal of the roof from the main building at the Atlas Tack Site and to make sure the Solid Hazardous Special andor TSCA (PCB) Wastes are be managed properly Any and all electrical transformers and light fixtures that contain or are suspected of containing PCBs must be managed according to the MA Hazardous Waste Regulation (310 CMR 30000) The flourescent light bulbs roofing materials and solid wastes must be managed according to the appropriate regulations The following parties will be involved with the site visit the US Army Corpss contractor (Roy F Weston Inc) and EPA representatives and possibly the MA DEP representatives
If you have any questions contact me at my new number (617) 918shy1327 Please note that the EPA has a new mailing address (US EPA Region I 1 Congress St Suite 1100 (HBO) Boston MA 02114-2023 Also all of the EPAs phone numbers are changed or will be changing shortly
Sincerely yours
Paul Craffey Remedial Project Manager
US 188062
Internet Address (URL) bull httpwwwepagov RecycledRecyclable bull Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25 Postconsumer)
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
December 21 1998
Paul Craffey Remedial Project Manager US EPA Region I 1 Congress Street Suite 1100(HBO) Boston MA 02114-2023
Dear Mr Craffey
The Fairhaven Conservation Commission membership has voted unanimously to express the Commissions concerns for the protection of resources identified in the Massachusetts Wetlands Protection Act as amended and CMR 310as they apply to the Superfund Clean-up Plan of Atlas Tack in Fairhaven Specifically we note that neither a valid Determination of Applicability or Valid Order of Conditions from the Fairhaven Conservation Commission have been issued within the last three (3) years
If perchance the Massachusetts DEP has issued a Determination or Order of Conditions it would be considered highly appropriate to share that information posthaste with the Fairhaven Conservation Commission so that the Commission as a body may comment within the designated comment period If in fact none of the above have occurred the Conservation Commissions position must be that the required process be completed prior to the Record of Decision taking effect It is strongly held that the Fairhaven Conservation Commission has a role to participate in the verification of Protected Resource areas as well as a voice in the Permit Process
The will of the Commission Members is to participate in the process both vital Wetlands Protection interests and to encourage ecologically minded Fairhavenites to support the Final EPA cleanup plan
We expect that DEP and EPA Project Officials will out of sensitivity to local environmental protection interest readily agree to cooperate with the Fairhaven Conservation Commission to assure local citizens that the actual clean up will not compromise Natural Resource values which the Town and its people are committed to protect
US 108063
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
ADVOCATE PPOVINCETOWM HA
laquo jY 7000
MOV 19 1998
Attas weight of th j|sectp(| v-r
Removal of saw-tooth roof ByLORIREBELLO fclaquo2pound
gtvlaquo Editor rpTAlRHAVEN - Finally aftepound^ more man a decade of frmtorionX Fairhaven residents are watching me walls come down at Atlas Tack bull The century-old former nail and tack factory located on Pleasant Street has been the cetitef of Hebate since the state Department of Enshyvironmental Protection (DEP) disshycovered contaminants onlt the site in the late 1970s Further studies and entry on the National Priorities List for federal Superrund sites in 1990 has prompted more discussion inshyvestigations and legal maneuvering
Now due in part to the diligence of selectmen both past and present Town Counsel Thomas Crotty and DEP and Environmental Protection Agency (EPA) officials the town is seeing flJetfontractors remove the saw-tooth roof from the center build-mg
Its almost to the point of being
Aic iaid Selectman Bryan
turned tip the heat conshysiderably on the EPA and Atlati Tack to exshypedite the cleanup said Selectman Robert Hamilton and I think it has worked
channels There have been so many people involved especially Tom Crotty He has done an excellent job without his expertise wed be lost
The latest court order requires Atlas Tacks owner Great Northern
Industries to take down thereof and or structures flat may
i EPA workers during Removal of the
rea^mree-stoiybuiklingmayabobe necessary for safety reasons alshythough demolition is not scheduled
Its my understanding that the walls are collapsing1 Selectman Wood added while Selectman Win Eckenreiter noted Some of the roof is already caving in Theyneedto get in mere and look at it
Great Northern Industries has contracted the project to EMB Demolition of North Dartmouth Regional Industrial Services of Belshylingham MA under the supervision of Larry Hurley is subcontractor on the site
This is a good sized job Mr Hurley admitted noting they ve been taking the roof apart piece by piece for the past two weeks He expected
(Please continue on page 2)
US 168057
THIS CROSS-SECTION of a side wall at Adas Tack Fairhaven exshyposes the wooden beams and very little else that is keeping the old roof in place (Photo by Lori Rebello)
The popularity of the bike path helps fuel ideas he added such as pocket parks and rest stops for bicyclists It could be put to very good use he said
Ultimately the EPA will dictate how far to take the cleanup which will narrow the options down conshysiderably And cost as always plays into their decision
We will not know what were getting into until we start digging admitted Selectman Eckcnreiter but at least were going forward
As a group selectmen are shying away from leaving the contaminants covered on site even with regular monitoring Theyd prefer to have the hazardous materials removed and disposed off site And sensitivity 4ltJ bull the residents living in the neighbdrshyhood is also a priority
I know the neighbors are imshypatient and I agree with them but I think were a couple of years away from a complete cleanup Chairman Hamilton confessed Eventually theres light at the end of the tunnel and this is our first light
bullJ
US 108058
RETURN RECEIPT REQUESTED --SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis f
The United States Environmental Protection Agency (EPA) has information indicating that you or your company GNI Inc may have contributed tQ the contamination of the Atlas Tack Corporation Superfund Site (Site) located hi Fairhaven Massachusetts Specifically EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site And that during the period of operation there were releases of hazardous substances into the environment At this point EPA has made no determination concerning the information in its possession or the potential liability of you and your company for the contamination at the Site
EPA has incurred costs and anticipate incurring additional costs in the future to address the contamination at the Site EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) EPA would like to inform you and your company of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely US 108059
CONCURRENCES
|T I I r ajricia L Meaifey -Director-)
e of Site Remediation aid Restpratipi DATE
EPA Remedial Program Manager EPA OFFICIAL FILE COPY
GPO 1983 0 - 403-201 Dan Coughlin Section Chief EPA Marcia Lamel Senior Enforcement Counsel EPA
RETURN RECEIPT REQUESTED - SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis ^=rr
266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis
The United States Environmental Protection Agency (EPA) has information indicating that you may have contributed to the contamination of the Atlas Tack Corporation Superfund Site (Site) located in FairhaVen Massachusetts Specifically the EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site and thjt during the period of operation there were releases of hazardous substances into the environment At this point the EPA has made no determination concerning the information in its possession or your potential liability for the contamination at the Site
The EPA has incurred costs and anticipates incurring additional costs hi the future to address the contamination at the Site The EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) the EPA would like to inform you of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely
Patricia L Meaney Director Office of Site Remediation and Restoration US 108060
cc Paul Craffey Remedial Program Manager FPA nan fMinhli in Sprtinn fl of tTgtA CONCURRENCES
SYMBOL k Marcia Lam 1 Senior En prcernentCp WseJEPA MfO WNAME fe ftJin ^JMlU pmdash t -
-bullATE ^ lilfiE ltgt99laquo1 mdash ~ OFFICIAL FILE COHt EPA Perm 1320-1 (12-70)
GFO 1913 0 - 40J-201
SENDER bullComplete Hams 1 andor 2 for additional services I also wish to receive the bullComplete items 34a and 4b following services (for an bull Print your name and address on the reverse of this form so that we can return this extra fee) card to you bullAttach this form to the front of the maflpiece or on the back If space does not 1 D Addressees Address
bullWriteReturn Receipt Requested on the mailptece below the article number 2 QbullThe Return Receipt win show to whom the article was delivered and the date
3 Artcto Addressed to 4a
^ Mr Leonard Lewis President 4b Service Type
GNI Inc D Registered SfCe recertified
D Express Mall D Insured 266 Beacon Street D Return Receipt (or Merchandise DjSOD Boston MA 02116 7 Date of Delivery
5 Received By (Print Name) 8 Addressees Addn and fee Is paid)
6 Signature orAgent)
X PS Form 3811 December 1894 102595-97-B-0179 Domestic Return-Receipt
Z S 3 M 70^ 302
US Postal Service bullbull Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See reverse) Sent to
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 021 16
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to Whom amp Date Delivered Return Receipt Showing to Whom Date amp Addressees Address
TOTAL Postage amp Fees $
Postmark or Date
US 108061
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY | REGION 1 JOHN F KENNEDY FEDERAL BUILDING f BOSTON MASSACHUSETTS 02203-0001
November 27 1998
Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject Site Visit Atlas Tack Corp
Dear Mr Lewis
The EPA is planning to visit the Atlas Tack Corp Superfund Site on December 1 1998 at 300 PM The purpose of the site visit is to inspect the work on the removal of the roof from the main building at the Atlas Tack Site and to make sure the Solid Hazardous Special andor TSCA (PCB) Wastes are be managed properly Any and all electrical transformers and light fixtures that contain or are suspected of containing PCBs must be managed according to the MA Hazardous Waste Regulation (310 CMR 30000) The flourescent light bulbs roofing materials and solid wastes must be managed according to the appropriate regulations The following parties will be involved with the site visit the US Army Corpss contractor (Roy F Weston Inc) and EPA representatives and possibly the MA DEP representatives
If you have any questions contact me at my new number (617) 918shy1327 Please note that the EPA has a new mailing address (US EPA Region I 1 Congress St Suite 1100 (HBO) Boston MA 02114-2023 Also all of the EPAs phone numbers are changed or will be changing shortly
Sincerely yours
Paul Craffey Remedial Project Manager
US 188062
Internet Address (URL) bull httpwwwepagov RecycledRecyclable bull Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25 Postconsumer)
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
December 21 1998
Paul Craffey Remedial Project Manager US EPA Region I 1 Congress Street Suite 1100(HBO) Boston MA 02114-2023
Dear Mr Craffey
The Fairhaven Conservation Commission membership has voted unanimously to express the Commissions concerns for the protection of resources identified in the Massachusetts Wetlands Protection Act as amended and CMR 310as they apply to the Superfund Clean-up Plan of Atlas Tack in Fairhaven Specifically we note that neither a valid Determination of Applicability or Valid Order of Conditions from the Fairhaven Conservation Commission have been issued within the last three (3) years
If perchance the Massachusetts DEP has issued a Determination or Order of Conditions it would be considered highly appropriate to share that information posthaste with the Fairhaven Conservation Commission so that the Commission as a body may comment within the designated comment period If in fact none of the above have occurred the Conservation Commissions position must be that the required process be completed prior to the Record of Decision taking effect It is strongly held that the Fairhaven Conservation Commission has a role to participate in the verification of Protected Resource areas as well as a voice in the Permit Process
The will of the Commission Members is to participate in the process both vital Wetlands Protection interests and to encourage ecologically minded Fairhavenites to support the Final EPA cleanup plan
We expect that DEP and EPA Project Officials will out of sensitivity to local environmental protection interest readily agree to cooperate with the Fairhaven Conservation Commission to assure local citizens that the actual clean up will not compromise Natural Resource values which the Town and its people are committed to protect
US 108063
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
THIS CROSS-SECTION of a side wall at Adas Tack Fairhaven exshyposes the wooden beams and very little else that is keeping the old roof in place (Photo by Lori Rebello)
The popularity of the bike path helps fuel ideas he added such as pocket parks and rest stops for bicyclists It could be put to very good use he said
Ultimately the EPA will dictate how far to take the cleanup which will narrow the options down conshysiderably And cost as always plays into their decision
We will not know what were getting into until we start digging admitted Selectman Eckcnreiter but at least were going forward
As a group selectmen are shying away from leaving the contaminants covered on site even with regular monitoring Theyd prefer to have the hazardous materials removed and disposed off site And sensitivity 4ltJ bull the residents living in the neighbdrshyhood is also a priority
I know the neighbors are imshypatient and I agree with them but I think were a couple of years away from a complete cleanup Chairman Hamilton confessed Eventually theres light at the end of the tunnel and this is our first light
bullJ
US 108058
RETURN RECEIPT REQUESTED --SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis f
The United States Environmental Protection Agency (EPA) has information indicating that you or your company GNI Inc may have contributed tQ the contamination of the Atlas Tack Corporation Superfund Site (Site) located hi Fairhaven Massachusetts Specifically EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site And that during the period of operation there were releases of hazardous substances into the environment At this point EPA has made no determination concerning the information in its possession or the potential liability of you and your company for the contamination at the Site
EPA has incurred costs and anticipate incurring additional costs in the future to address the contamination at the Site EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) EPA would like to inform you and your company of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely US 108059
CONCURRENCES
|T I I r ajricia L Meaifey -Director-)
e of Site Remediation aid Restpratipi DATE
EPA Remedial Program Manager EPA OFFICIAL FILE COPY
GPO 1983 0 - 403-201 Dan Coughlin Section Chief EPA Marcia Lamel Senior Enforcement Counsel EPA
RETURN RECEIPT REQUESTED - SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis ^=rr
266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis
The United States Environmental Protection Agency (EPA) has information indicating that you may have contributed to the contamination of the Atlas Tack Corporation Superfund Site (Site) located in FairhaVen Massachusetts Specifically the EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site and thjt during the period of operation there were releases of hazardous substances into the environment At this point the EPA has made no determination concerning the information in its possession or your potential liability for the contamination at the Site
The EPA has incurred costs and anticipates incurring additional costs hi the future to address the contamination at the Site The EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) the EPA would like to inform you of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely
Patricia L Meaney Director Office of Site Remediation and Restoration US 108060
cc Paul Craffey Remedial Program Manager FPA nan fMinhli in Sprtinn fl of tTgtA CONCURRENCES
SYMBOL k Marcia Lam 1 Senior En prcernentCp WseJEPA MfO WNAME fe ftJin ^JMlU pmdash t -
-bullATE ^ lilfiE ltgt99laquo1 mdash ~ OFFICIAL FILE COHt EPA Perm 1320-1 (12-70)
GFO 1913 0 - 40J-201
SENDER bullComplete Hams 1 andor 2 for additional services I also wish to receive the bullComplete items 34a and 4b following services (for an bull Print your name and address on the reverse of this form so that we can return this extra fee) card to you bullAttach this form to the front of the maflpiece or on the back If space does not 1 D Addressees Address
bullWriteReturn Receipt Requested on the mailptece below the article number 2 QbullThe Return Receipt win show to whom the article was delivered and the date
3 Artcto Addressed to 4a
^ Mr Leonard Lewis President 4b Service Type
GNI Inc D Registered SfCe recertified
D Express Mall D Insured 266 Beacon Street D Return Receipt (or Merchandise DjSOD Boston MA 02116 7 Date of Delivery
5 Received By (Print Name) 8 Addressees Addn and fee Is paid)
6 Signature orAgent)
X PS Form 3811 December 1894 102595-97-B-0179 Domestic Return-Receipt
Z S 3 M 70^ 302
US Postal Service bullbull Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See reverse) Sent to
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 021 16
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to Whom amp Date Delivered Return Receipt Showing to Whom Date amp Addressees Address
TOTAL Postage amp Fees $
Postmark or Date
US 108061
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY | REGION 1 JOHN F KENNEDY FEDERAL BUILDING f BOSTON MASSACHUSETTS 02203-0001
November 27 1998
Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject Site Visit Atlas Tack Corp
Dear Mr Lewis
The EPA is planning to visit the Atlas Tack Corp Superfund Site on December 1 1998 at 300 PM The purpose of the site visit is to inspect the work on the removal of the roof from the main building at the Atlas Tack Site and to make sure the Solid Hazardous Special andor TSCA (PCB) Wastes are be managed properly Any and all electrical transformers and light fixtures that contain or are suspected of containing PCBs must be managed according to the MA Hazardous Waste Regulation (310 CMR 30000) The flourescent light bulbs roofing materials and solid wastes must be managed according to the appropriate regulations The following parties will be involved with the site visit the US Army Corpss contractor (Roy F Weston Inc) and EPA representatives and possibly the MA DEP representatives
If you have any questions contact me at my new number (617) 918shy1327 Please note that the EPA has a new mailing address (US EPA Region I 1 Congress St Suite 1100 (HBO) Boston MA 02114-2023 Also all of the EPAs phone numbers are changed or will be changing shortly
Sincerely yours
Paul Craffey Remedial Project Manager
US 188062
Internet Address (URL) bull httpwwwepagov RecycledRecyclable bull Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25 Postconsumer)
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
December 21 1998
Paul Craffey Remedial Project Manager US EPA Region I 1 Congress Street Suite 1100(HBO) Boston MA 02114-2023
Dear Mr Craffey
The Fairhaven Conservation Commission membership has voted unanimously to express the Commissions concerns for the protection of resources identified in the Massachusetts Wetlands Protection Act as amended and CMR 310as they apply to the Superfund Clean-up Plan of Atlas Tack in Fairhaven Specifically we note that neither a valid Determination of Applicability or Valid Order of Conditions from the Fairhaven Conservation Commission have been issued within the last three (3) years
If perchance the Massachusetts DEP has issued a Determination or Order of Conditions it would be considered highly appropriate to share that information posthaste with the Fairhaven Conservation Commission so that the Commission as a body may comment within the designated comment period If in fact none of the above have occurred the Conservation Commissions position must be that the required process be completed prior to the Record of Decision taking effect It is strongly held that the Fairhaven Conservation Commission has a role to participate in the verification of Protected Resource areas as well as a voice in the Permit Process
The will of the Commission Members is to participate in the process both vital Wetlands Protection interests and to encourage ecologically minded Fairhavenites to support the Final EPA cleanup plan
We expect that DEP and EPA Project Officials will out of sensitivity to local environmental protection interest readily agree to cooperate with the Fairhaven Conservation Commission to assure local citizens that the actual clean up will not compromise Natural Resource values which the Town and its people are committed to protect
US 108063
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
RETURN RECEIPT REQUESTED --SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis f
The United States Environmental Protection Agency (EPA) has information indicating that you or your company GNI Inc may have contributed tQ the contamination of the Atlas Tack Corporation Superfund Site (Site) located hi Fairhaven Massachusetts Specifically EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site And that during the period of operation there were releases of hazardous substances into the environment At this point EPA has made no determination concerning the information in its possession or the potential liability of you and your company for the contamination at the Site
EPA has incurred costs and anticipate incurring additional costs in the future to address the contamination at the Site EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) EPA would like to inform you and your company of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely US 108059
CONCURRENCES
|T I I r ajricia L Meaifey -Director-)
e of Site Remediation aid Restpratipi DATE
EPA Remedial Program Manager EPA OFFICIAL FILE COPY
GPO 1983 0 - 403-201 Dan Coughlin Section Chief EPA Marcia Lamel Senior Enforcement Counsel EPA
RETURN RECEIPT REQUESTED - SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis ^=rr
266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis
The United States Environmental Protection Agency (EPA) has information indicating that you may have contributed to the contamination of the Atlas Tack Corporation Superfund Site (Site) located in FairhaVen Massachusetts Specifically the EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site and thjt during the period of operation there were releases of hazardous substances into the environment At this point the EPA has made no determination concerning the information in its possession or your potential liability for the contamination at the Site
The EPA has incurred costs and anticipates incurring additional costs hi the future to address the contamination at the Site The EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) the EPA would like to inform you of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely
Patricia L Meaney Director Office of Site Remediation and Restoration US 108060
cc Paul Craffey Remedial Program Manager FPA nan fMinhli in Sprtinn fl of tTgtA CONCURRENCES
SYMBOL k Marcia Lam 1 Senior En prcernentCp WseJEPA MfO WNAME fe ftJin ^JMlU pmdash t -
-bullATE ^ lilfiE ltgt99laquo1 mdash ~ OFFICIAL FILE COHt EPA Perm 1320-1 (12-70)
GFO 1913 0 - 40J-201
SENDER bullComplete Hams 1 andor 2 for additional services I also wish to receive the bullComplete items 34a and 4b following services (for an bull Print your name and address on the reverse of this form so that we can return this extra fee) card to you bullAttach this form to the front of the maflpiece or on the back If space does not 1 D Addressees Address
bullWriteReturn Receipt Requested on the mailptece below the article number 2 QbullThe Return Receipt win show to whom the article was delivered and the date
3 Artcto Addressed to 4a
^ Mr Leonard Lewis President 4b Service Type
GNI Inc D Registered SfCe recertified
D Express Mall D Insured 266 Beacon Street D Return Receipt (or Merchandise DjSOD Boston MA 02116 7 Date of Delivery
5 Received By (Print Name) 8 Addressees Addn and fee Is paid)
6 Signature orAgent)
X PS Form 3811 December 1894 102595-97-B-0179 Domestic Return-Receipt
Z S 3 M 70^ 302
US Postal Service bullbull Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See reverse) Sent to
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 021 16
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to Whom amp Date Delivered Return Receipt Showing to Whom Date amp Addressees Address
TOTAL Postage amp Fees $
Postmark or Date
US 108061
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY | REGION 1 JOHN F KENNEDY FEDERAL BUILDING f BOSTON MASSACHUSETTS 02203-0001
November 27 1998
Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject Site Visit Atlas Tack Corp
Dear Mr Lewis
The EPA is planning to visit the Atlas Tack Corp Superfund Site on December 1 1998 at 300 PM The purpose of the site visit is to inspect the work on the removal of the roof from the main building at the Atlas Tack Site and to make sure the Solid Hazardous Special andor TSCA (PCB) Wastes are be managed properly Any and all electrical transformers and light fixtures that contain or are suspected of containing PCBs must be managed according to the MA Hazardous Waste Regulation (310 CMR 30000) The flourescent light bulbs roofing materials and solid wastes must be managed according to the appropriate regulations The following parties will be involved with the site visit the US Army Corpss contractor (Roy F Weston Inc) and EPA representatives and possibly the MA DEP representatives
If you have any questions contact me at my new number (617) 918shy1327 Please note that the EPA has a new mailing address (US EPA Region I 1 Congress St Suite 1100 (HBO) Boston MA 02114-2023 Also all of the EPAs phone numbers are changed or will be changing shortly
Sincerely yours
Paul Craffey Remedial Project Manager
US 188062
Internet Address (URL) bull httpwwwepagov RecycledRecyclable bull Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25 Postconsumer)
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
December 21 1998
Paul Craffey Remedial Project Manager US EPA Region I 1 Congress Street Suite 1100(HBO) Boston MA 02114-2023
Dear Mr Craffey
The Fairhaven Conservation Commission membership has voted unanimously to express the Commissions concerns for the protection of resources identified in the Massachusetts Wetlands Protection Act as amended and CMR 310as they apply to the Superfund Clean-up Plan of Atlas Tack in Fairhaven Specifically we note that neither a valid Determination of Applicability or Valid Order of Conditions from the Fairhaven Conservation Commission have been issued within the last three (3) years
If perchance the Massachusetts DEP has issued a Determination or Order of Conditions it would be considered highly appropriate to share that information posthaste with the Fairhaven Conservation Commission so that the Commission as a body may comment within the designated comment period If in fact none of the above have occurred the Conservation Commissions position must be that the required process be completed prior to the Record of Decision taking effect It is strongly held that the Fairhaven Conservation Commission has a role to participate in the verification of Protected Resource areas as well as a voice in the Permit Process
The will of the Commission Members is to participate in the process both vital Wetlands Protection interests and to encourage ecologically minded Fairhavenites to support the Final EPA cleanup plan
We expect that DEP and EPA Project Officials will out of sensitivity to local environmental protection interest readily agree to cooperate with the Fairhaven Conservation Commission to assure local citizens that the actual clean up will not compromise Natural Resource values which the Town and its people are committed to protect
US 108063
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
RETURN RECEIPT REQUESTED - SENT VIA CERTIFIED MAIL
November 19 1998
Mr Leonard Lewis ^=rr
266 Beacon Street Boston MA 02116
Re Atlas Tack Superfund Site
Dear Mr Lewis
The United States Environmental Protection Agency (EPA) has information indicating that you may have contributed to the contamination of the Atlas Tack Corporation Superfund Site (Site) located in FairhaVen Massachusetts Specifically the EPA has information indicating that between 1905-1985 the Atlas Tack Corporation (Atlas) operated a manufacturing plant at the Site and thjt during the period of operation there were releases of hazardous substances into the environment At this point the EPA has made no determination concerning the information in its possession or your potential liability for the contamination at the Site
The EPA has incurred costs and anticipates incurring additional costs hi the future to address the contamination at the Site The EPA expects to recover its past and future costs from persons which it has identified or it will identify as potentially responsible parties (PRPs) Costs include but are not limited to the costs of performing remedial actions at the Site investigations monitoring and pursuing enforcement actions Although this letter is not a notice of potential liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLASuperfund law) the EPA would like to inform you of its activities at the Site and encourage your participation in those activities
If you have any legal questions please have your attorney Kevin OConnor contact Ms Sandra Dupuy Enforcement Counsel Thank you for your attention to this very important matter
Sincerely
Patricia L Meaney Director Office of Site Remediation and Restoration US 108060
cc Paul Craffey Remedial Program Manager FPA nan fMinhli in Sprtinn fl of tTgtA CONCURRENCES
SYMBOL k Marcia Lam 1 Senior En prcernentCp WseJEPA MfO WNAME fe ftJin ^JMlU pmdash t -
-bullATE ^ lilfiE ltgt99laquo1 mdash ~ OFFICIAL FILE COHt EPA Perm 1320-1 (12-70)
GFO 1913 0 - 40J-201
SENDER bullComplete Hams 1 andor 2 for additional services I also wish to receive the bullComplete items 34a and 4b following services (for an bull Print your name and address on the reverse of this form so that we can return this extra fee) card to you bullAttach this form to the front of the maflpiece or on the back If space does not 1 D Addressees Address
bullWriteReturn Receipt Requested on the mailptece below the article number 2 QbullThe Return Receipt win show to whom the article was delivered and the date
3 Artcto Addressed to 4a
^ Mr Leonard Lewis President 4b Service Type
GNI Inc D Registered SfCe recertified
D Express Mall D Insured 266 Beacon Street D Return Receipt (or Merchandise DjSOD Boston MA 02116 7 Date of Delivery
5 Received By (Print Name) 8 Addressees Addn and fee Is paid)
6 Signature orAgent)
X PS Form 3811 December 1894 102595-97-B-0179 Domestic Return-Receipt
Z S 3 M 70^ 302
US Postal Service bullbull Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See reverse) Sent to
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 021 16
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to Whom amp Date Delivered Return Receipt Showing to Whom Date amp Addressees Address
TOTAL Postage amp Fees $
Postmark or Date
US 108061
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY | REGION 1 JOHN F KENNEDY FEDERAL BUILDING f BOSTON MASSACHUSETTS 02203-0001
November 27 1998
Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject Site Visit Atlas Tack Corp
Dear Mr Lewis
The EPA is planning to visit the Atlas Tack Corp Superfund Site on December 1 1998 at 300 PM The purpose of the site visit is to inspect the work on the removal of the roof from the main building at the Atlas Tack Site and to make sure the Solid Hazardous Special andor TSCA (PCB) Wastes are be managed properly Any and all electrical transformers and light fixtures that contain or are suspected of containing PCBs must be managed according to the MA Hazardous Waste Regulation (310 CMR 30000) The flourescent light bulbs roofing materials and solid wastes must be managed according to the appropriate regulations The following parties will be involved with the site visit the US Army Corpss contractor (Roy F Weston Inc) and EPA representatives and possibly the MA DEP representatives
If you have any questions contact me at my new number (617) 918shy1327 Please note that the EPA has a new mailing address (US EPA Region I 1 Congress St Suite 1100 (HBO) Boston MA 02114-2023 Also all of the EPAs phone numbers are changed or will be changing shortly
Sincerely yours
Paul Craffey Remedial Project Manager
US 188062
Internet Address (URL) bull httpwwwepagov RecycledRecyclable bull Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25 Postconsumer)
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
December 21 1998
Paul Craffey Remedial Project Manager US EPA Region I 1 Congress Street Suite 1100(HBO) Boston MA 02114-2023
Dear Mr Craffey
The Fairhaven Conservation Commission membership has voted unanimously to express the Commissions concerns for the protection of resources identified in the Massachusetts Wetlands Protection Act as amended and CMR 310as they apply to the Superfund Clean-up Plan of Atlas Tack in Fairhaven Specifically we note that neither a valid Determination of Applicability or Valid Order of Conditions from the Fairhaven Conservation Commission have been issued within the last three (3) years
If perchance the Massachusetts DEP has issued a Determination or Order of Conditions it would be considered highly appropriate to share that information posthaste with the Fairhaven Conservation Commission so that the Commission as a body may comment within the designated comment period If in fact none of the above have occurred the Conservation Commissions position must be that the required process be completed prior to the Record of Decision taking effect It is strongly held that the Fairhaven Conservation Commission has a role to participate in the verification of Protected Resource areas as well as a voice in the Permit Process
The will of the Commission Members is to participate in the process both vital Wetlands Protection interests and to encourage ecologically minded Fairhavenites to support the Final EPA cleanup plan
We expect that DEP and EPA Project Officials will out of sensitivity to local environmental protection interest readily agree to cooperate with the Fairhaven Conservation Commission to assure local citizens that the actual clean up will not compromise Natural Resource values which the Town and its people are committed to protect
US 108063
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
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contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
SENDER bullComplete Hams 1 andor 2 for additional services I also wish to receive the bullComplete items 34a and 4b following services (for an bull Print your name and address on the reverse of this form so that we can return this extra fee) card to you bullAttach this form to the front of the maflpiece or on the back If space does not 1 D Addressees Address
bullWriteReturn Receipt Requested on the mailptece below the article number 2 QbullThe Return Receipt win show to whom the article was delivered and the date
3 Artcto Addressed to 4a
^ Mr Leonard Lewis President 4b Service Type
GNI Inc D Registered SfCe recertified
D Express Mall D Insured 266 Beacon Street D Return Receipt (or Merchandise DjSOD Boston MA 02116 7 Date of Delivery
5 Received By (Print Name) 8 Addressees Addn and fee Is paid)
6 Signature orAgent)
X PS Form 3811 December 1894 102595-97-B-0179 Domestic Return-Receipt
Z S 3 M 70^ 302
US Postal Service bullbull Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See reverse) Sent to
Mr Leonard Lewis President GNI Inc 266 Beacon Street Boston MA 021 16
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to Whom amp Date Delivered Return Receipt Showing to Whom Date amp Addressees Address
TOTAL Postage amp Fees $
Postmark or Date
US 108061
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY | REGION 1 JOHN F KENNEDY FEDERAL BUILDING f BOSTON MASSACHUSETTS 02203-0001
November 27 1998
Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject Site Visit Atlas Tack Corp
Dear Mr Lewis
The EPA is planning to visit the Atlas Tack Corp Superfund Site on December 1 1998 at 300 PM The purpose of the site visit is to inspect the work on the removal of the roof from the main building at the Atlas Tack Site and to make sure the Solid Hazardous Special andor TSCA (PCB) Wastes are be managed properly Any and all electrical transformers and light fixtures that contain or are suspected of containing PCBs must be managed according to the MA Hazardous Waste Regulation (310 CMR 30000) The flourescent light bulbs roofing materials and solid wastes must be managed according to the appropriate regulations The following parties will be involved with the site visit the US Army Corpss contractor (Roy F Weston Inc) and EPA representatives and possibly the MA DEP representatives
If you have any questions contact me at my new number (617) 918shy1327 Please note that the EPA has a new mailing address (US EPA Region I 1 Congress St Suite 1100 (HBO) Boston MA 02114-2023 Also all of the EPAs phone numbers are changed or will be changing shortly
Sincerely yours
Paul Craffey Remedial Project Manager
US 188062
Internet Address (URL) bull httpwwwepagov RecycledRecyclable bull Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25 Postconsumer)
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
December 21 1998
Paul Craffey Remedial Project Manager US EPA Region I 1 Congress Street Suite 1100(HBO) Boston MA 02114-2023
Dear Mr Craffey
The Fairhaven Conservation Commission membership has voted unanimously to express the Commissions concerns for the protection of resources identified in the Massachusetts Wetlands Protection Act as amended and CMR 310as they apply to the Superfund Clean-up Plan of Atlas Tack in Fairhaven Specifically we note that neither a valid Determination of Applicability or Valid Order of Conditions from the Fairhaven Conservation Commission have been issued within the last three (3) years
If perchance the Massachusetts DEP has issued a Determination or Order of Conditions it would be considered highly appropriate to share that information posthaste with the Fairhaven Conservation Commission so that the Commission as a body may comment within the designated comment period If in fact none of the above have occurred the Conservation Commissions position must be that the required process be completed prior to the Record of Decision taking effect It is strongly held that the Fairhaven Conservation Commission has a role to participate in the verification of Protected Resource areas as well as a voice in the Permit Process
The will of the Commission Members is to participate in the process both vital Wetlands Protection interests and to encourage ecologically minded Fairhavenites to support the Final EPA cleanup plan
We expect that DEP and EPA Project Officials will out of sensitivity to local environmental protection interest readily agree to cooperate with the Fairhaven Conservation Commission to assure local citizens that the actual clean up will not compromise Natural Resource values which the Town and its people are committed to protect
US 108063
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY | REGION 1 JOHN F KENNEDY FEDERAL BUILDING f BOSTON MASSACHUSETTS 02203-0001
November 27 1998
Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject Site Visit Atlas Tack Corp
Dear Mr Lewis
The EPA is planning to visit the Atlas Tack Corp Superfund Site on December 1 1998 at 300 PM The purpose of the site visit is to inspect the work on the removal of the roof from the main building at the Atlas Tack Site and to make sure the Solid Hazardous Special andor TSCA (PCB) Wastes are be managed properly Any and all electrical transformers and light fixtures that contain or are suspected of containing PCBs must be managed according to the MA Hazardous Waste Regulation (310 CMR 30000) The flourescent light bulbs roofing materials and solid wastes must be managed according to the appropriate regulations The following parties will be involved with the site visit the US Army Corpss contractor (Roy F Weston Inc) and EPA representatives and possibly the MA DEP representatives
If you have any questions contact me at my new number (617) 918shy1327 Please note that the EPA has a new mailing address (US EPA Region I 1 Congress St Suite 1100 (HBO) Boston MA 02114-2023 Also all of the EPAs phone numbers are changed or will be changing shortly
Sincerely yours
Paul Craffey Remedial Project Manager
US 188062
Internet Address (URL) bull httpwwwepagov RecycledRecyclable bull Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25 Postconsumer)
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
December 21 1998
Paul Craffey Remedial Project Manager US EPA Region I 1 Congress Street Suite 1100(HBO) Boston MA 02114-2023
Dear Mr Craffey
The Fairhaven Conservation Commission membership has voted unanimously to express the Commissions concerns for the protection of resources identified in the Massachusetts Wetlands Protection Act as amended and CMR 310as they apply to the Superfund Clean-up Plan of Atlas Tack in Fairhaven Specifically we note that neither a valid Determination of Applicability or Valid Order of Conditions from the Fairhaven Conservation Commission have been issued within the last three (3) years
If perchance the Massachusetts DEP has issued a Determination or Order of Conditions it would be considered highly appropriate to share that information posthaste with the Fairhaven Conservation Commission so that the Commission as a body may comment within the designated comment period If in fact none of the above have occurred the Conservation Commissions position must be that the required process be completed prior to the Record of Decision taking effect It is strongly held that the Fairhaven Conservation Commission has a role to participate in the verification of Protected Resource areas as well as a voice in the Permit Process
The will of the Commission Members is to participate in the process both vital Wetlands Protection interests and to encourage ecologically minded Fairhavenites to support the Final EPA cleanup plan
We expect that DEP and EPA Project Officials will out of sensitivity to local environmental protection interest readily agree to cooperate with the Fairhaven Conservation Commission to assure local citizens that the actual clean up will not compromise Natural Resource values which the Town and its people are committed to protect
US 108063
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
December 21 1998
Paul Craffey Remedial Project Manager US EPA Region I 1 Congress Street Suite 1100(HBO) Boston MA 02114-2023
Dear Mr Craffey
The Fairhaven Conservation Commission membership has voted unanimously to express the Commissions concerns for the protection of resources identified in the Massachusetts Wetlands Protection Act as amended and CMR 310as they apply to the Superfund Clean-up Plan of Atlas Tack in Fairhaven Specifically we note that neither a valid Determination of Applicability or Valid Order of Conditions from the Fairhaven Conservation Commission have been issued within the last three (3) years
If perchance the Massachusetts DEP has issued a Determination or Order of Conditions it would be considered highly appropriate to share that information posthaste with the Fairhaven Conservation Commission so that the Commission as a body may comment within the designated comment period If in fact none of the above have occurred the Conservation Commissions position must be that the required process be completed prior to the Record of Decision taking effect It is strongly held that the Fairhaven Conservation Commission has a role to participate in the verification of Protected Resource areas as well as a voice in the Permit Process
The will of the Commission Members is to participate in the process both vital Wetlands Protection interests and to encourage ecologically minded Fairhavenites to support the Final EPA cleanup plan
We expect that DEP and EPA Project Officials will out of sensitivity to local environmental protection interest readily agree to cooperate with the Fairhaven Conservation Commission to assure local citizens that the actual clean up will not compromise Natural Resource values which the Town and its people are committed to protect
US 108063
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
FAIRHAVEN CONSERVATION COMMISSION Town Hall 40 Centre Street Fairhaven MA 02719
Paul Craffey December 21 1998 Page 2
We are looking forward to working with you on this important project Please contact Wayne Fostin Conservation Agent at 508 979-4019 to make arrangements or any questions you may have
Very truly yours
FAIRHAVEN CONSERVATION COMMISSION
Marinus VanderPol Jr Chairman
US 108064
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I
JOHN F KENNEDY FEDERAL BUILDING BOSTON MASSACHUSETTS 02203-0001
Certified Mail
December 301998 Mr Leonard Lewis President Atlas Tack Corp 266 Beacon St Boston MA 02116
Subject PCB StorageRoof Removal bdquo -^ Atlas Tack Superfund Site
Dear Mr Lewis
During the Atlas Tack Site visit of December 119981saw several problems at your Site that need to be addressed immediately
First I observed improper storage of the electrical transformers removed during the roof demolition Unless tested and proven otherwise it must be assumed that these transformers have PCBs in them PCBs in concentrations greater than 50 parts per million are considered a State Hazardous Waste (see DEP regulations 310 CMR 30000 and EPA regulations 40 CFR Part 700) and therefore must be properly stored transported and disposed of hi accordance with these regulations The light fixtures removed may also contain capacitors that may have PCBs in them This would make these materials a Hazardous Waste as well If these PCBmaterial are not removed by a licenced Hazardous Transporter or proven not to be PCB wastes within ten day of receipt of this letter this apparent violation will be reported to the DEP Please send Transporter Manifests to me as proof that the PCB wastes were properly disposed of Any additional light fixtures with PCB containing capacitors taken down must also be properly disposed
Second during the site visit I observed that there were two holes hi the fence on east side of the Site These were shown to Mr Martin Legg and Mr Paul Leikhim of your staff Mr Legg said that the fence wouldbe fixed Also it was observed that there is a hole in the fence hi the area next to the bike path This need to be repaired as well This is not the first tune that the holes in the fence have been observed at these locations This is the third time the hole hi the fence by the bike path has been observed by myself andor EPAs contractor Since this is an ongoing problem that is not resolving itself please submit to me hi writing a schedule that the fence is inspected The Atlas Tack Corp is under an existing Order (dated September 281993) to maintain the fence The holes in the fence constitutes a violation of theobligation
US 188065
RecyclftdTtecyclabla X laquo SoylCaralargt PrintePrintedd Mfthh Soy6onollaquoInInkk on paper that
contains laquoleast 75 recycled fiber
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
Page 2 Atlas Tack Roof Removal December 301998
I wrote a letter (see attached) on October 191998 regarding the roof removal building at the Atlas Tack Site I received a response (see attached) from Mr Martin Legg dated November 31998 stating Atlas Tacks plan is to cover all four (4) of the impacted Areas with plywood as well as a plasticvinyl tarp to prevent contact and water infiltration11 During the site visit of December 1st I observed only one area (the Plating Pit) that only had plywood and no plasticvinyl tarp The Tack Wash and Pickling Room Area and Manholes did not have any covering These and all areas with contamination (see Figure in letter dated October 191998) that are now open to the environment need to be appropriately covered immediately Also the contaminated areas should be clearly marked with the appropriate warning signs Please contact me when the contaminated areas are cover so an inspection can be done shy
If you have any questions regarding this letter please contact me at (617) 918-1327
Sincerely yours
Paul Craffey Remedial Project Manager
cc Sandra Dupuy EPA
US 108666
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
A R - O r 0 2 ( F R I ) 15 18 DEP-BWSC TEL617-292-5530 P 002
SITE
COMMONWEALTH OF MASSACHUSETTS OTHER
BRISTOL ss SUPERIOR COURT DEPARTMENTBRISTOL ss op THE TRIAL COURT
DAVID CROWLEY FIRE CHIEF for the Town of Fairhaven
Plaintiff
v -)) Civil Action
No 21424 ATLAS TACK CORPORATION )
Defendant )
JUDGMENT
bullBy agreement of the parties judgment shall enter as follows
1 The defendant shall restore if necessary and maintain in good working order the sprinkler and
The defendant shall maintain the front office
building either by guard or by a workingmechanicalelectrical security system certified by a security engineer
2 The defendant shall remove Jhlaquo J0 Jn lJons-jriJsiWTJSss rKT asectslt i^ion shall remove all debris from the exterior of the nrooertv taking all roof wood and debris material IffPof the prSSIrty The defendant may leave brick walls standing provided that it and the plaintiff building aSomSfssSoSer shall each cause an engineer hired by each of them to determine he^eLhowpoundrk is mav be safely left standing and what if any work is SuiedtS maintain the stability of ltlaquoraquolaquo 1 order to e them safely standing In theoraer to leavleave mcm onij -r 2-laquolaquo +hgt di^ the two engineers cannot reach agreement the dis shall be rlsolved by Decision of a third engineer chosen by the two of them The defendant shall perform all work (including demolition work if any) required by the final engineering report
The defendant shall submit plans for a demolition
US 108067
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
1518 DEP-BWSC TEL617-292--5530 P 003
andor building permit to the building commissioner not later than September 4 1998 and shall commence work no later than ten days after issuance of the permit The defendant shall submit plans for work required by the engineers within 21 days of issuance of that report and shall commence that work within ten days of issuance of that permit
The defendant shall maintain security at the site of demolition work at all times when the demolition contractor is not present
In the event any portions of the middle section of the building are left standing with the engineers approval the defendant shall maintain those portions in stable condition This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to those remaining portions if they constitute a threat to public health or safety
3 The defendant shall restore if necessary and maintain in good working order the sprinkler and fire alarm system throughout the rear three-floor factory building section on its property at Pleasant Street Fairhaven
The defendant shall close all openings in that building from ground level to 15 feet above grade in order to prevent unauthorized entry and shall maintain 24-hourday security in that building either by guard or by a working mechanicalelectricalsecurity system certified by a security engineer
This judgment shall not be a bar to further action by the Town to require demolition or other action with regard to the three-story factory building if it has not been demolished or rebuilt by March 1 2000
4 The contempt actions commenced on or about September 25 1997 and February 11 1998 are herewith dismissed without costs
5 The defendant represents to the Court that it is financially capable of performing the work contemplated by this agreement for judgment except with regard to the removal of brick walls as to which the cost is unknown and as to which no representation is made
6 The parties hereto aasent to entry of this judgment and waive all rights of appeal therefrom
US 188868
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
T E L 6 1 7 - 2 9 2 - - 5 5 3 0 P 004 RAR-flr02(FRI) 1519 DEP-BWSC
f^tbTTTaint i f f
Counsel for the Defendant
Dated August 13 1998
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
COMMONWEALTH OF MASSACHUSETTS mdash -~-shyEXECUTIVE OFFICE OF ENVIRONMENTAL AFEAiBS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET BOSTON MA 02108 617-292-5500 ~-mdashraquo
ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary
DAVID B STRUHS Commissioner
URGENT LEGAL MATTER PROMPT ACTION KECESSARY CERTIFIED MML RETURN RECEIPT REQUESTED
NOTICE OF RESPONSIBILITY PURSUANT TO MGL c 21E S 310 CWR 400000
January 11 1999
Jame-3 Hoi den ltgtnRralManager Re FAIRHAVEN Hathaway-Braley Wharf Company Inc Atlas Tack Superfund Site 12-14 Main Street RTN 4-0068 Fairhaven MA 02719
Dear Mr Holden
The Department of Environmental Protection (the Department) has determined that a release andor threat of release of oil andor hazardous material has occurred and is continuing to occur at and from property located at the end of Church Street in Fairhaven Massachusetts (the Property) The Property is shown as Lot 46 on Town Tax Assessors Map 6 and is approximately 317 acres in area For further description of the Property reference- is made to the instrument recorded in the Bristol County Registry of Deeds at Book 1035 Page 381 The Massachusetts Oil and Hazardous Material Release Prevention and Response Act MGL c 21E (Chapter 21E) and the Massachusetts Contingency Plan 310 CMR 400000 (the MCP) govern the prevention and mitigation of such a release andor threat of release Chapter 2IE also provides for the Department to coordinate with the U S Environmental Protection Agency (USEPA)under applicable federal law including the Comprehensive Environmental Response Compensation and Liability Act of 1980 42 USC 9601 et seq (CERCLA)
The Property is situated within the Atlas Tack Superfund Site which comprises approximately 35 acres with a northerly boundary approximately 06 miles south of the intersection of Route 6 and Green Street and southerly extent to the shores of Buzzards Bay and the Atlantic Ocean all in Fairhaven Massachusetts (the Site)
STATUTORY LIABILITIES
Based on information currently available to the Department the Department has reason to believe that the Hathaway-Braley Wharf Company Inc (the Company or you) is a potentially responsible party (PRP) under Section 5 of Chapter 21E andor under CERCLA for response action costs and
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872
DEP on the World Wide Web httpwwwmagnetstatemausdep
poundJj Printed on Recycled Paper US 108070
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 2
damages to natural resources caused by the release of hazardous materials which were detected in the soils sediments and groundwater at the Property The Department has identified you as a PRP because it believes you fall within one or more of the following categories of persons made potentially liable by Subsection 5(a) of Chapter 21E current owners or operators of a site from or at which there is or has been a release or threat of release of oil andor hazardous material any person who owned or operated a site at the time hazardous material was stored or disposed of any person who arranged for the transport disposal storage or treatment of hazardous material to or at a site any person who transported hazardous material to- a transport disposal storage or treatment site from or at which there is or has been a release or threat of release of such material and any person who otherwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a site
Liability under Chapter 21E is strict meaning it is not based on fault but solely on ones status as an owner operator generator transporter or disposer Liability is also joint and several meaning that you may be liable for all response action costs incurred at the Site regardless of the existence of any other liable parties
You may voluntarily undertake response actions under the MCP as described1 below without having your liability under Chapter 21E formally adjudicated by the Department- If you-do not take necessary-response-a-ctiorrs-shyor fail to performthemin an~appr6priate and timely manner the Department is authorized by MGL c 21E to perform the necessary work or have the work performed by its contractors
The Department and EPA are coordinating their activities in connection with negotiations with PRPs identified for this Site and other matters related to the Site The purpose of the negotiations is to seek an agreement in which settling parties (1) pay the United States and the Commonwealths past and future response costs plus any interest that has or will accrue and (2) perform or finance the remaining response action necessary at the Site The Department encourages you to participate voluntarily in these negotiations
By taking necessary response actions you can avoid potential liability for response action costs incurred by the Department in performing these actions If you are a responsible party and you fail to perform necessary response actions at the Site you may be held liable for up to three (3) times all response action costs incurred by the Department and sanctions may be imposed on you for failure to perform response actions required by the MCP
Response action costs include without limitation the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or its contractors expenses incurred by the Department in support of those direct hours and payments to the Departments contractors The Department may also assess interest on costs incurred at the rate of twelve percent (12) compounded annually
Any liability to the Commonwealth under Chapter 21E constitutes a debt to the Commonwealth To secure payment of this debt the Commonwealth may place liens on all of your property in the Commonwealth To recover this debt the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you
US 108071
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 3
In addition to your potential liability for up to three (3) times all response action costs incurred by the Department you may also be liable to the Commonwealth for damages to natural resources caused by the release Civil and criminal liability may also be imposed under MGL c 21E sect 11 and civil administrative penalties may be assessed by the Department under MGL c 21A sect 16 for each violation of MGL c 21E the MCP or any order permit or approval issued thereunder
Liability to the Commonwealth for injury to natural resources includes damages for any injury to destruction of or loss of natural resources including the costs of assessing and evaluating such injury destruction or loss incurred or suffered as a result of a release
By this letter the Department notifies you in your capacity as the General Manager of the Company of the Companys potential liability with regard to this matter and encourages the Company as a potentially responsible party to voluntarily perform or finance the response activities described below that are required at the Site
FUTURE RESPONSE ACTIONS
The Department - anticipates expending_ unds for response activities at the Site _under the authority_oFCliapter2lE~CERCIiA arid otKer lawsV including but not limited to the following response activities
(1) Design and implementation of the remedial action selected and approved for the Site and
(2) Operation maintenance and monitoring necessary at the Site
In addition to those enumerated above the Department may pursuant to its authorities under Chapter 21E and other laws determine that other clean-up activities are necessary to protect public health welfare or the environment
ADMINISTRATIVE RECORD
The Department may review and comment on proposed EPA response actions for the Site The Department understands that EPA will establish an administrative record for the Site available for public inspection and comment at the EPA Records Center at 90 Canal Street Boston MA and at the Millicent Public Library in Fairhaven MA
PRP RESPONSE AND PEP CONTACT PERSON
You have thirty (30) calendar days from receipt of this notice to notify the Department in writing of your willingness to negotiate the performance or financing of the future response actions If the Department does not receive a timely response the Department will assume that you do not wish to negotiate a resolution of your liabilities in connection with the Site and that you have declined any involvement in performing the response activities
Your response to this notice letter and any questions about this letter should be sent directly to the Departments Project Manager for this Site
Dorothy Allen Bureau of Waste Site Cleanup Department of Environmental Protection
US 108672
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
James Holden General Manager Hathaway-Braley Wharf Company Inc January 11 1999 Page 4
One Winter Street 7th Fl Boston MA 02108 (617) 292-5795
ATTN Atlas Tack Superfund Site
The factual and legal content in this notice is intended solely to provide notice and information and it should not be construed as the Departments final position on any matter set forth herein Due to the seriousness of the environmental and legal problems posed by the conditions at the Site the Department urges that immediate attention and a prompt response be given to this notice
Sincerely
6-y y aparstek sstant Deputy Division Director esponse and Remediation
cc Dorothy Allen DEP BWSC Andy Cohen Esq DEP OGC Millie Garcia-Surette SERO
US 108073
