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Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner This information is available in alternate format. Please contact Melixza Esenyie at [PHONE REDACTED]. TTY# MassRelay Service 1-[PHONE REDACTED] MassDEP Website: www.mass.gov/dep Printed on Recycled Paper URGENT LEGAL MATTER: PROMPT ACTION NECESSARY Certified Mail No: 7022 2410 0000 7501 3453 October 10, 2023 Prolerized New England Company, LLC RE: SALEM- 299 SW Clay Street 14 Barnes Road, Portland, OR 97214 12 Cedar Road, & 14 Cedar Road Notice of Responsibility RTN 3-38273 NOTICE OF RESPONSIBILITY PER M.G.L. c.21E & 310 CMR 40.0000, the MASSACHUSETTS CONTINGENCY PLAN THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Sir/Madam, On August 7, 2023, at 5:11 p.m., the Massachusetts Department of Environmental Protection (MassDEP) received oral notification of a release/threat of release of Oil/Hazardous Material at the subject location, which requires one or more Response Actions. Based on this information, MassDEP has reason to believe that the subject properties or portion(s) thereof are a disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. M.G.L. c.21E and the MCP govern the assessment and cleanup of Disposal Sites. Analytical results of soil testing indicate total chromium and biphenyls (PCB) are present in soil at concentrations exceeding a Could Pose Imminent Hazard condition, as described in 310 CMR40.0321(2)(b). According to information in MassDEP’s files, 12 Cedar Road, 14 Cedar Road, and 14 Barnes Road, Salem, Massachusetts (collectively, the Site) were the location of the disposal of automotive shredder residue (ASR). MassDEP files contain information indicating that ASR, dumped at the Site in or about the 1970s, was from Prolerized ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 2 of 7 New England Company, LLC (Prolerized)1. Through environmental testing, ASR has been identified in several areas across the Site at ground level and to depths of up to 35 feet below grade. The purpose of this notice is to inform you (as used in this letter "you" refers to Prolerized New England Company, LLC) of your legal responsibilities under state law for assessing and/or remediating the subject release. For purposes of this notice, the terms and phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates otherwise. STATUTORY LIABILITIES MassDEP also has reason to believe that you are a Potentially Responsible Party (PRP) with liability under M.G.L. c. 21E, Section 5, for Response Action Costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or 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 which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. This liability is “strict” meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter or disposer. It 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. The MCP requires responsible parties to take necessary Response Actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the necessary Response Actions or fail to perform them in an appropriate and timely manner, MassDEP is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such actions, you can avoid liability for Response Action Costs incurred by MassDEP and its contractors in performing these actions, and any sanctions, which may be imposed, for failure to perform Response Actions under the MCP. You may be liable for up to three times all Response Action Costs incurred by MassDEP. Response Action Costs include, without limitation, the cost of direct hours spent by MassDEP employees arranging for response actions or overseeing work performed by persons other than MassDEP or its contractors, expenses incurred by MassDEP in support of those direct hours, and payments to MassDEP's contractors. (For more detail on cost liability, see 310 CMR 40.1200.) 1 According to your July 7, 2023 Response to MassDEP’s May 30, 2023 Request for Information: “Prolerized New England Company, LLC (“PNE”) was formerly a New York General Partnership organized on October 3, 1965 which was converted to a Delaware limited liability company in March 2006. PNE is an indirect wholly-owned subsidiary of Schnitzer Steel Industries, Inc. an Oregon corporation.” ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 3 of 7 MassDEP may also assess interest on costs incurred at the rate of twelve percent compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your liability for up to three times all response action costs incurred by MassDEP, 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 M.G.L. c. 21E, § 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21E, the MCP, or any order, permit or approval issued hereunder. NECESSARY RESPONSE ACTIONS The subject site shall not be deemed to have all the necessary and required Response Actions taken unless and until all Substantial Hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking Response Actions at Disposal Sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify MassDEP immediately if such a need exists. MassDEP has determined that an IRA is necessary to respond to a Could Pose Imminent Hazard condition at the subject site. Pursuant to 310 CMR 40.0426(2), an Imminent Hazard Evaluation shall be initiated within 14 days of obtaining knowledge of a Could Pose Imminent Hazard Condition. MassDEP reminds you that IRAs must include site assessment activities necessary to evaluate potential Imminent Hazard (IH), Substantial Release Migration (SRM), and Critical Exposure Pathway (CEP) conditions. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site submit to MassDEP a Permanent Solution Statement prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1091 or http://www.mass.gov/eea/agencies/lsp/. There are several other submittals required by the MCP which are related to release notification and/or Response Actions that may be conducted at the subject site in addition to a Permanent Solution Statement that, unless otherwise specified by MassDEP, must be provided to MassDEP within specific regulatory timeframes. The submittals are as follows: A Release Notification Form (RNF) must be submitted to MassDEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300 or from the date MassDEP issues a ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 4 of 7 Notice of Responsibility (NOR), whichever occurs earlier. The RNF can either be submitted electronically or using the PDF Form at http://www.mass.gov/eea/docs/dep/cleanup/approvals/bwsc-103.pdf ; Documentation of an Imminent Hazard Evaluation, completed in accordance with 310 CMR 40.0950, must be submitted to MassDEP within 60 days of obtaining knowledge of the Could Pose Imminent Hazard condition pursuant to 310 CMR 40.0426(2). The IH Evaluation must include an LSP Opinion as to whether an Imminent Hazard exists at the site and must document all Method 3 Risk Characterization equations and factors used to make such a determination. If a conclusion on the existence of an IH cannot be made within the 60-day timeline, the IH Evaluation must include the following information: a description of investigative efforts that have been made and remain to be taken in order to determine whether an Imminent Hazard to human health actually exists at the site, as well as a timetable for the remaining activities; or a plan to undertake removal and/or containment actions at the site to address those conditions that could pose an Imminent Hazard to human health. Unless a Permanent Solution Statement or Downgradient Property Status Submittal is provided to MassDEP earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (310 CMR 40.0427) must be submitted to MassDEP within 60 calendar days of the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300 or from the date MassDEP issues an NOR, whichever occurs earlier; and Unless a Permanent Solution Statement or Downgradient Property Status Submittal is provided to MassDEP earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510 must be submitted within one year of the initial date of notification of a release pursuant to 310 CMR 40.0300 or from the date MassDEP issues an NOR, whichever occurs earlier or as otherwise specified by the Department in an Interim Deadline or order issued pursuant to 310 CMR 40.0501 Pursuant to MassDEP's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, the appropriate fee must be included with a Permanent Solution Statement that is submitted to MassDEP more than 120 calendar days after the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300, or more than 120 calendar days after the date MassDEP issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for a Permanent Solution Statement submitted to MassDEP within 120 days of the date of oral notification to MassDEP, or within 120 days of the date MassDEP issues an NOR, whichever date occurs earlier, or after Tier Classification. It should be noted that asbestos and asbestos containing material (ACM) have been reported to be present in soil at nearby properties located at 355-373 Highland Avenue and within areas of “dumping/landfilling” of automotive shredder waste at 373 Highland Avenue (Lot 300B) and 10 Cedar Road (Lot 308B). In addition, during a Site inspection by MassDEP on August 28, 2023, ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 5 of 7 asbestos-containing vinyl floor tiles were identified within the wooded area of 16 Barnes Road. As such, MassDEP believes there is the likelihood that ACM may be present in soils elsewhere at the Site. It will be necessary to have a licensed asbestos inspector present during preliminary Response Actions to assess for the presence of ACM throughout the Site. If ACM is detected, you must comply with all MCP requirements and all other applicable regulatory requirements, including, but not limited to the Massachusetts Clean Air Act, G.L. c. 111, 142A-O (“CAA”) and its regulations at 310 C.M.R. § 7.15 (“Asbestos Regulations”). It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of MassDEP, the signature of an authorized representative of MassDEP. IDENTIFICATION OF ADDITIONAL POTENTIALLY RESPONSIBLE PARTIES MassDEP has identified J.L. Realty Trust and Barnes Road Trust as additional Potentially Responsible Parties (PRPs) associated with the subject Disposal Site. M.G.L. c.21E liability is "strict," meaning it is not based on fault, but solely on a person's status as an owner, operator, generator, transporter or disposer. It is also joint and several, meaning that a person may be liable for all response action costs incurred at the Site, regardless of the existence of any other liable parties. In light of this, similar Notices of Responsibility have been sent to J.L. Realty Trust and Barnes Road Trust. MassDEP encourages all PRPs referenced in this Notice to contact one another and take prompt action to respond to this Notice. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain annual compliance fees for response actions payable under 310 CMR 4.00. If you have any questions relative to this notice, you should contact Erik Johnson by email at [EMAIL REDACTED], at the letterhead address or by calling (781) 400-4378. All future communications regarding this release should reference the Release Tracking Number contained in the subject block of this letter. Sincerely, Joanne Fagan Section Chief, Brownfields/Risk Reduction Bureau of Waste Site Clean-up – MassDEP Northeast Regional Office ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 6 of 7 CC: CT Corporation System, 155 Federal St, Ste. 700, Boston MA 02110 Certified Mail No: 7022 2410 0000 7501 3460 eCC: David Greenbaum, RS., Public Health Agent, Board of Health, City of Salem, [EMAIL REDACTED] Elizabeth Rennard, City Solicitor, City of Salem, [EMAIL REDACTED] Peter Durning, Esq., Burns & Levinson LLP, [EMAIL REDACTED] Jamy Madeja, Esq., Buchanan & Associates, [EMAIL REDACTED] Michael Bricher, LSP of Record, Blackstone Environmental Solutions, [EMAIL REDACTED] MassDEP data entry/file (NOR / Issued) ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 7 of 7