Notice of Rights of Affected Third Parties

The below Applicants have filed an application pursuant to M.G.L. c. 21E, § 3A(j)(3) & 940 CMR 23.00, to enter into an amended or expanded Brownfields Covenant Not to Sue Agreement to include the Site listed below.  Third parties who may have claims with regard to this Site are hereby notified that: 1)  the execution of the requested Agreement may affect such claims, and 2) third parties whose rights will be affected may seek to join the Agreement.  Parties who wish to do so must make such request to the Attorney General in writing and must either deliver such request to the Office of the Attorney General, Attn. Brownfields Director, Environmental Protection Division, 200 Portland Street, Boston, MA 02114, by October 31, 2003, or mail such request to the same address by first-class mail postmarked by that date.  

Name of Applicant(s):

	(1) 	Headwall Recovery Corp.		(2)	Michael R. Harkins
		      	17 Barnard Street			      	17 Barnard Street
		      	Andover, MA  01810				Andover MA   01810

Description of the Site [insert description from Section II.A. of the application form]:

Approximately 35,000 sq. ft. parcel of land located along Manchester Street, between Quebec Street and Gorham Street, including (i) a strip of land formerly used as a bed for railroad tracks, formerly owned by Boston & Maine Corp., and currently owned by Headwall (the “Railroad parcel”); and (ii) a parcel formerly used as an oil depot (Marchand Oil) and garage, and currently owned by Mr. Broome (the “Broome parcel”).  The property includes 125 Manchester Street (front and rear), Lowell, MA.  RTN 3-0020194 (125 Manchester Street)

	See Plan attached to Application
	See Book 7332, pg. 193 for Broome parcel, Middlesex North District Registry of Deeds
See Book 11116, pg. 250 for Railroad parcel, Middlesex North District Registry of Deeds
	
Description of the Release(s) at issue: 

1.	125 Manchester Street.  This parcel formerly housed an oil depot which may have used above and underground storage tanks.  The prior owner and operator was Marchand Oil.  Petroleum contaminated soils have been detected, largely in the area where the oil was formerly stored.

	2.	A strip of land to the rear of 77 and 125 Manchester Street formerly containing railroad tracks.  The locomotives were powered by coal and diesel.  The property was last owned by Boston and Maine Railroad.  PAHs associated with locomotive coal and diesel ash has been detected in the area of the former railroad tracks.

Summary of the terms of the proposed amended or expanded Covenant.

The applicants seek complete protection against all claims (direct or for contribution) under C.21E, whether brought by the Commonwealth or by a third party, and further seek property damage protection for claims by third parties.  Liability protection is to be effective as of the signature of the Covenant Not to Sue Agreement by the Attorney General (or his designee), albeit subject to the public notice comment period and process. 

A copy of the Application for Covenant Not to Sue Agreement and other additional information may be obtained by contacting Jeffrey B. Renton, Esq. at Gilbert & Renton LLC, 23 Main Street, Andover, MA 01810, (978) 475-7580, jrenton@gilbertandrenton.com.