FEE ay Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Western Regional Office +436 Dwight Street, Springfield MA 01103 + 413-784-1100 CChavles D. Baker Matthew. Beaton Governor Secretary Karyn E. Polo Martin Suuberg LUeutenant Governor Commissioner CERTIFIED MAIL: Ms. Cynthia S, Scarano, Executive Vice President Pan Am Railways 1700 Iron Horse Park North Billerica, Massachusetts 01862-1692 RE: BAW-Waste Rail Ties - Hatfield DEMAND FOR PAYMENT OF STIPULATED PENALTIES ENR. No, 00005474 NOTICE OF DEMAND FOR PAYMENT OF STIPULATED PENALTY Dear Ms, Scarano: ‘You (“you” or “your” refers to Pan Am Railways and Boston & Maine Railroad Corporation) are hereby notified of the Department of Environmental Protection's (“MassDEP") intent to assess a Demand for Payment of Stipulated Penalties against you for failing to comply with the terms and conditions of an Administrative Consent Order (ACOP-WE-13-4003) entered into between you and MassDEP on March 18, 2013. ‘The reasons for the issuance of the Demand are explained in the enclosed documents. Please note that the attached Demand pertains only to the waste rail ties described in the Demand; specifically, the waste rail tie piles in Hatfield. MassDEP expects you to return to compliance at this site within 30 days of the date of issuance of this Demand and will exercise enforcement discretion during this time period. If you have not returned to compliance with the Administrative Consent Order at this location, within the timeframe stipulated, additional penalties will accrue from this date forward for which MassDEP may issue further Demand For Payment. MassDEP has inspected other locations along the ral lines that you operate in the Commonwealth and ‘may, either in response to complaints or fires, or at its own discretion, initiate additional enforcement if Pan Am does not come into compliance with Administrative Consent Order. ‘These documents contain appeal provisions, so please read them carefully. Failure to take adequate action in response to this notice will result in serious legal consequences. Additionally, be advised that MassDEP may issue a press release for this enforcement action. ‘This Information is avalalenallrnato format. Contact Michele Walers-Ekanem, Director of Diversy/Civ Rights at 617.292.5754, TrveMassRelay Service 1-600-438-2370 MaseDEP Website woe mass gouSep Pte on Recyed PaperIf you have any questions concerning this matter please feel free to contact Daniel Hall at (413)755-2212. Sincerely, he mee Steven B. Ellis Deputy Regional Director Western Regional Office Department of Environmental Protection Date: _F ie Certified Mail: 7016 0340 0000 4822 7297 ce: Daniel Hall, MassDEP/WERO Peter Czapienski, MassDEP/WEROTRANSMITTAL FORM PAYMENT OF STIPULATED PENALTY Penalty issued to: Pan Am Railways and Boston & Maine Corporation (Hatfield) _ ACOP #: 00005474 (ACOP-WE-13-4003) Date of Demand for Payment: Amount of Demand for Payment: $30,000.00 SS# or FEIN#: = = (Social Security/Federal Employee Identification Number) Payment enclosed: $ by certified or cashier's check or money order made out to the Commonwealth of Massachusetts. I understand that payment alone may not constitute compliance. Signed this___day of 2018, (Signature) Print Name: Title: Address: Phone: ( Send this form with your payment to: Commonwealth of Massachusetts, Department of Environmental Protection, Commonwealth ‘Master Lockbox, P.O. Box 3982, Boston, MA 02241-3982. Please carefully read and follow the instructions for payment set forth in the Demand for Payment, as it may require additional actions not described in this form.