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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 Certified Mail No: 7022 2410 0000 7501 3439 October 10, 2023 Prolerized New England Company, LLC RE: SALEM- 299 SW Clay Street 16 Barnes Road and Portland, OR 97214 9, 12, 14, 15, and 16 Cedar Road Notice of Responsibility RTN 3-38210 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, Information contained in a Release Notification Form submitted to the Massachusetts Department of Environmental Protection (MassDEP) on July 19, 2023, by Kathleen Ingemi, as Trustee of John M. Ingemi Realty Trust, indicates that there is or has been a release of Oil and/or Hazardous Material at the above-referenced properties which exceeds a "120 day" reporting threshold (310 CMR 40.0315) and which requires one or more Response Actions. According to information in MassDEP’s files, the properties located at 9, 12, 14, 15, 16 Cedar Road and 16 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 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. Analytical results of soil testing indicate the presence of biphenyls (PCBs), aromatic 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 2 of 6 hydrocarbons (PAHs), and heavy metals at the Site at concentrations exceeding Reportable Concentrations listed at 310 CMR 40.1600. Based on this information, as well as materials submitted to MassDEP in response to multiple Requests for Information regarding the above-referenced properties, MassDEP has reason to believe that the subject properties or portion(s) thereof is 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, 310 CMR 40.0000 (the MCP). M.G.L. c. 21E and the MCP govern the assessment and cleanup of Disposal Sites. The purpose of this notice is to inform you 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 has reason to believe that you (as used in this letter, “you” refers to Prolerized New England Company, LLC) are a Potentially Responsible Party with liability under M.G.L. c. 21E, § 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 it is not based on fault, but solely on your status as an 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 Response Actions, you can avoid liability for Response Action Costs incurred by MassDEP and its contractors in performing these actions, and for possible sanctions, which may be imposed for failure to perform necessary 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.) ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 3 of 6 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 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 thereunder. 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. 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 to 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 http://www.mass.gov/eea/agencies/lsp/ or (617) 556-1091.] MassDEP has determined that initial site investigation activities, in accordance with 310 CMR 40.0405, are necessary. In addition, unless a Permanent Solution Statement is submitted earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, must be submitted to MassDEP within one year of the initial notice of a release provided to MassDEP pursuant to 310 CMR 40.0300 or from the date MassDEP issues a Notice of Responsibility, whichever occurs earlier. 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, 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 confirm whether ACM is or is not present throughout the Site. If ACM is detected, you must comply with all MCP requirements and all other applicable regulatory requirements, ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 4 of 6 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 Site 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 John M. Ingemi Realty Trust, 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 John M. Ingemi Trust, 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 the undersigned by email: [EMAIL REDACTED], at the letterhead address or (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 Northeast Regional Office CC: CT Corporation System, 155 Federal St, Ste. 700, Boston MA 02110 Certified Mail No: 7022 2410 0000 7501 3446 ---PAGE BREAK--- Prolerized New England Company, LLC Notice of Responsibility Page 5 of 6 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 6 of 6