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[email protected] June 26, 2000 BY MESSENGER Richard Haworth United States Environmental Protection Agency Site Evaluation and Response Section II 1 Congress Street Suite 1100 Mail Code HBR Boston, Massachusetts 02114-2023 Re: EPA Notice Letter, Old Colony Railroad Site, East Bridgewater, MA Dear Mr. Haworth: This firm is counsel to the Massachusetts Bay Transportation Authority ("MBTA") with respect to the above matter. By letter dated June 5, 2000, the United States Environmental Protection Agency ("EPA") notified the MBTA of its potential liability regarding the Old Colony Railroad Site in East Bridgewater, MA ("Site") pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9607(a). The letter also informed the MBTA that EPA plans to conduct immediate removal activities involving installation of a perimeter fence, elimination of direct contact with contaminated soils and prevention of off-site migration via soil transport. EPA is asking the MBTA to perform or to finance these activities. Pursuant to conversations with Marcia Lamel, Senior Enforcement Counsel, EPA, the MBTA was given until today to respond to EPA's letter. As discussed below, even though the MBTA does not believe that it is a responsible party at this Site, it is willing to participate in fencing the perimeter of the Site and posting signage. The MBTA is also willing to discuss with EPA covering "hot spots" of contaminated soil on the Site with some sort of synthetic cover.