M.G.L. Chapter 21E, Section 3A(J)(2)

M.G.L. CHAPTER 21E, SECTION 3A(j)(2) NOTICE OF SETTLEMENT JACK’S GAS 100 ROUTE 6 TRURO, MA RELEASE TRACKING NUMBER 4-13690

NOTICE is hereby given on behalf of Richard L. Aiken and Jack and Jill’s Gas, Inc. of a settlement relative to the release of oil (gasoline) at the Jack’s Gas Site (Massachusetts Department of Environmental Protection [“DEP”] Release Tracking No. 4-13690), 100 Route 6, Truro, Massachusetts (“the Site”). Richard L. Aiken and Jack and Jill’s Gas, Inc. have resolved their liability to the Commonwealth of Massachusetts in a Consent Judgment regarding the Site that has been lodged in Suffolk Superior Court, Civil Action No. 03-5076G. The Consent Judgment requires Richard L. Aiken and Jack and Jill’s Gas, Inc. to perform and complete all necessary response actions at the Site to achieve a Permanent Solution, as defined in M.G.L. c.21E§ 3A(g) and the Massachusetts Contingency Plan, and to file a Response Action Outcome in accordance with the requirements and timelines set forth in the Tier 1C Permit, any approvals or conditional approvals issued by the DEP, the Consent Judgment and the Massachusetts Contingency Plan. As of the effective date of the Consent Judgment, Richard L. Aiken and Jack and Jill’s Gas, Inc. will be entitled to protection from claims brought pursuant to M.G.L. c. 21E for contribution, cost recovery or equitable share regarding matters addressed in the Consent Judgment, pursuant to Section 3A(j) (2) of M.G.L. c. 21E.

A copy of the Consent Judgment may be reviewed at the DEP Southeastern Regional Office, 20 Riverside Drive, Lakeville, MA. Normal DEP file review hours for the public are Tuesdays and Wednesdays from 9:00-11:30 a.m. and 2:00-4:30 p.m. Please contact Irene Mendoza of DEP at (508) 946-2718 to schedule an appointment.

In accordance with M.G.L. c. 21E, §3A(j)(2), the Consent Judgment is subject to a 90-day public comment period beginning on November 26, 2003. Written comments on the Consent Judgment may be submitted to the Commonwealth and Richard L. Aiken and Jack and Jill’s Gas, Inc., by delivering such comments to the persons listed below.

Comments must be received no later than 5:00 p.m. on February 24, 2004 and should be submitted in writing to the following addresses:

For the Commonwealth: Carol Iancu, Assistant Attorney General Office of the Attorney General Environmental Protection Division 200 Portland Street, Third Floor Boston, MA 02114

- and - Richard Packard, Section Chief Department of Environmental Protection Southeastern Regional Office 20 Riverside Drive Lakeville, MA 02347

For Richard L. Aiken and Jack and Jill’s Gas, Inc.: Thomas G. Fiore, Esq. Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110-1727