Calling for "prompt action," a "Notice of Responsibility" from the Massachusetts Department of Environmental Protection's Emergency Response section of the Bureau of Waste Site Cleanup has been sent to Mark Saxl, owner of 25 Depot Road, who agreed to immediate measures to protect residents and employees on the site from contaminated water found in May sampling.

At its June 13 meeting the Board of Health reviewed the five-page document, which threatens legal action if remediation is not undertaken. According to the Massachusetts Oil and Hazards Material Release Prevention and Response Act, and the Massachusetts Contingency Plan, the owner has "potential liability for response action costs and damages."

At issue for the owner is the rapid treatment of the chemical perchloroethylene (PCE), found in a May inspection by Saxl's Licensed Site Professional Richard Doherty, who notified the DEP on May 12 that an "imminent hazard [IH] condition" exists on the site. The PCE concentration in a well water sample was found to be 88 parts per billion (ppb), which is more than 10 times the DEP's acceptable level of 5 ppb.