Submittal of request for information pursuant to section 104 of CERCLA for Massachusetts Military Reservation (MMR)

812 Pages·2000·42.4 MB·English

IVlassachusetts institute ofTechnology anuironinontpl Progrnmp Qffige 77 MassachusettsAy#pue
Environmental Management Office Cambridge,/vlassaehusetts
0213^.4307
a
April 13, 2Q00
National Guaj<J Bureau
Office ofthe ChiefCounsel
ATTN: NQB-JA (Ms. Senctek)
U
14 Jefferson Davis Avq,
Arlington, VA 22202-3231
Re: Request for Information Pursuant to Section 1Q4 qfCERCLA, for Massachusetts
Military Reservation
MIT
Dear Ms. Sendelc:
Enclosed please find the Response ofthe Massachusetts Institute ofTechnology
("MIT") to the United States Department ofDefense's Request for Information Regarding
f the Massachusetts Military Reservation in Cape Cod, Massachusetts ("MMR").
As you will see, MIT's presence at the Site was extremely limited. MIT conducted
observations and experiments on behalfof the United States government on a small portion
MMR
ofthe duringjust a few weeks ofthe sixty-year time period for which information is
sought, and MIT never had any lease or other real property rights to any portion ofthe
MMR.
Please feel free to call me at [phone] ifyou have any questions.
Very truly yours,
'vVuliam Van Schalkwyk, Director
Environmental Management Office
Massachusetts Institute ofTechnology
* I
birebtof
Suildmg" a-11(5
Phone [phone]
fix 317.4523110
^1
l
El
'
JLi.
sJ
(4;,«
H
HU
m
1
iii
I
a in •
•/-
.
''.IK,
H
H
*
^1
^H
I
Massachusetts Institute ofTechnology Environmental Programs Office 77 MassachusettsAvenue
Environmental Management Office Cambridge, Massachusetts
02139-4307
April 13, 2000
National Guard Bureau
Office ofthe ChiefCounsel
ATTN: NGB-JA (Ms. Sendek)
1411 Jefferson Davis Ave.
VA
Arlington, 22202-3231
Re: Request for Information Pursuant to Section 104 ofCERCLA, for Massachusetts
Military Reservation
MIT
Dear Ms. Sendek:
Enclosed please find the Response ofthe Massachusetts Institute ofTechnology
("MIT") to the United States Department ofDefense's Request for Information Regarding
the Massachusetts Military Reservation in Cape Cod, Massachusetts ("MMR").
As you will see, MIT's presence at the Site was extremely limited. MIT conducted
observations and experiments on behalfofthe United States government on a small portion
MMR
ofthe during just a few weeks ofthe sixty-year time period for which information is
sought, and MIT never had any lease or other real property rights to any portion ofthe
MMR.
Please feel free to call me at [phone] ifyou have any questions.
Very truly yours,
'M
/assist"
'
William Van Schalkwyk, Director
Environmental Management Office
Massachusetts Institute ofTechnology
Director
Building 4-110
Phone [phone]
Fax [phone]
Jordan
Bourne
Public Libary
1© Sandwich
R<j.
Bourn«, MA
02432
y
Response ofthe Massachusetts Institute ofTechnology to the
United States Department ofDefense's Request for Information Regarding the
Massachusetts Military Reservation in Cape Cod, Massachusetts
Introduction
This is the response ofthe Massachusetts Institute ofTechnology ("MIT") to the United
States Department ofDefense's ("DOD") two separate Requests for Information (collectively the
"Request") regarding the Massachusetts Military Reservation (the "Site"). The responses to the
Request were prepared based upon information, knowledge and beliefobtained from a review of
MIT's available records at its main campus and Lincoln Laboratory, and from interviews with
persons employed by MIT during the relevant period.
General Statement of Objections
MIT's presence at the Site was extremely limited and does not give rise to any liability
for hazardous waste contamination under federal or state law. The observations and experiments
it conducted on behalfof the United States government were conducted on a small portion ofthe
Site duringjust a few weeks ofthe sixty-year time period for which information is sought. MIT
never had any lease or other real property rights to any portion of the Site. The small number of
mortar and artillery shells, many of which were inert, that were fired by United States military
personnel and contractors as part ofMIT's government-sponsored experiments is dwarfed by the
millions ofrounds fired by the United States government during the period in question. MIT has
made its best efforts to thoroughly and accurately present all information concerning its activities
on the Site and to align those disclosures with the Request. However, MIT generally objects to
questions concerning activities ofMIT that did not involve hazardous substances, or which
involve the activities ofentities unrelated to MTT.
MIT also objects generally to DOD's characterization ofMIT as an operator at the Site.
First, all ofMIT's activities at the Site were conducted under government contract with the
DOD, specifically with the United States Air Force, and funded by the government through the
United States Defense Advanced Research Project Agency and the Aeronautical Systems
Division/AEI. Moreover, all ofthe military equipment was operated and ordnance fired by
DOD, either directly through DOD personnel or through a contractor working with DOD on the
Site. Thus, MTT's responses to any requests using the term "operations," "operate," or a
derivative may not be construed as an admission that MTT was an operator under CERCLA.
MIT further objects generally to the Request to the extent it seeks information not
currently in its possession or control, and to the extent the Request seeks information from MTT
about activities ofother entities on the Site that were directly responsible to the DOD. Similarly,
MTT objects to the Request to the extent that it seeks information outside the period which MTT
had any relationship or conducted activities on the Site.
Subject to these objections, and any specific objections noted below, MTT responds as
follows.
RESPONSE TO DEPARTMENT OF DEFENSE
INFORMATION REQUEST
I
1. General Information About Respondent:
Note: AH questions in this section refer to the present time unless otherwise
indicated.
Information Request 1(a):
Provide the full legal name and mailing address ofthe Respondent.
Response to Information Request 1(a):
Massachusetts Institute ofTechnology
77 Massachusetts Avenue
MA
Cambridge, 02139
Information Request 1(b):
For each person answering these questions on behalfof Respondent, provide:
full name;
i. title;
ii. business address;
v. business telephone number and FAX machine number.
Response to Information Request 1(b):
William Van Schalkwyk
Director, Environmental Management Office
77 Massachusetts Avenue
Building 4, Room 110
MA
Cambridge, 02139
617-253-9492
617-452-3110 (FAX)
Information Request 1(c):
IfRespondent wishes to designate an individual for all future correspondence concerning
this Site, including any legal notices, please so indicate by providing that individual's name,
FAX
address, telephone number, and number.
Response to Information Request 1(c):
Jamie Lewis Keith, Esquire
Managing Director ofEnvironmental Programs and Senior Counsel
Massachusetts Institute ofTechnology
77 Massachusetts Avenue
MA
Cambridge, 02139
Information Request 1(d):
State the dates during which Respondent conducted business at the Site.
Response to Information Request 1(d):
Without waiving any of its objections, see Response to Information Request 1(d) in
MIT's Response To Department OfDefense Information Request n.
Information Request 1(e):
List the Standard Industrial Classification (SIC) code for the business at each location.
Response to Information Request 1(e):
The MTT campus in Cambridge, MA, is SIC 8221. The MIT - Lincoln Laboratory,
Lexington, MA, is SIC 8733.
Information Request 1(f):
Describe the nature of the Respondent's business at the Site.
Response to Information Request 1(f):
MTT conducted a series of infrared and communications studies at the Site under contract
with, interalia, the United States Air Force. MTT's activities are more fully detailed in MIT's
Response To Department OfDefense Information Request n.
Information Request 1(g):
ForMMR, identify all surveys, studies, or collections ofdata for which Respondent has
submitted information to local, state, federal, or private entities about its waste disposal/recycling
practices.
Response to Information Request 1(g):
MIT objects to the scope of this request as being overbroad. Without waiving any of its
objections, with regard to the Site, MIT states none.
Information Request 1(h):
Provide acopy ofthe Information submitted by Respondent for such survey or study.
Response to Information Request 1(h):
See Response to Information Request 1(g).
Information Request l(i):
Provide a copy of the resulting, survey, study, or collection of data.
Response to Information Request l(i):
See Response to Information Request 1(g).
2. Respondent's Legal and Financial Status
Note: All questions in this section refer to the present time unless otherwise
indicated.
Information Request 2(a):
Ifthe Respondent has ever done business under any other name.
i. list each such name; and
ii. list the dates during which such name was used by Respondent.
Response to Information Request 2(a):
MIT has never done business under any other name.
Information Request 2(b):
<
I
If Respondent is, or was at any time during the period being investigated, a subsidiary of,
otherwise owned or controlled by, or otherwise affiliated with another corporation or entity, then
describe the nature ofeach such corporate relationship, including but not limited to:
i. a general statement of the nature ofthe relationship;
ii. the dates such relationship existed; "'
iii. the percentage ofownership ofRespondent that is held by such other entity; and
iv. foreach such affiliated entity provide the names and complete addresses ofits
parent, subsidiary, and otherwise affiliated entities.
Response to Information Request 2(b):
MIT has never been a subsidiary of, otherwise owned or controlled by, or otherwise
affiliated with another corporation orentity.
Information Request 2(c):
MMR
With regard to only: Identify all ofRespondent's predecessors-in-interest and
provide a description of the relationship between Respondent and each ofthose predecessors-in-
interest.
Response to Information Request 2(c):
MIT has no predecessors-in-interest.
Information Request 2(d):
IfRespondent no longer exists as a legal entity because ofdissolution provide:
i. a brief description of the nature and reason for dissolution;
ii. the date of dissolution;
iii. documents memorializing or indicating the dissolution ofthe entity; and
iv. a statement ofhow and to whom the entity's assets were distributed.
Response to Information Request 2(d):
MTT still exists as a legal entity.