The chaos churning the auto industry led to a strategic decision on Beacon Hill to reschedule the legislative hearing on Right to Repair legislation until September given the current uncertainty surrounding the U.S. auto industry as it eliminates dealerships and jobs. While we certainly empathize with our colleagues in the dealer repair trade, it is important that the hearing be focused on the need to pass Right to Repair and to preserve the nearly 1 in 10 jobs in Massachusetts connected to the independent repair industry. 

Your active support and engagement even during the summer months will assure us of hitting the ground running, so please be sure to let your legislators know that passage of Right to Repair this year has never been more important.

Read the Boston Herald article about the ExxonMobil Dealers fight to gain the rights to purchase thier stations.

http://http//www.bostonherald.com/business/general/view/2009_05_14_Dealers_duel_with_oil_giant:_Seek_right_to_buy_their_properties/srvc=home&position=5

The Massachusetts Right to Repair Coalition will be holding an informational demonstration on Mon. May 11th @ 10:00 am at:

Direct Tire 126 Galen St. Watertown, MA 02472

We urge all NESSARA members who are interested in the Right to Repair legislation to attend.  The Joint Committe on Consumer Protection and Professional Licensure will be at the demonstration to learn more about the bill.  This is your chance to speak directly with the legislators about how importatn this bill is to the future of the industry.

The ExxonMobil Dealers in MA, NH, and RI have formed an LLC to protect their rights during the divestment process ExxonMobil has planned for it's remaining locations.  The next meeting of the LLC will be held:

Wed. May 20th @ 5:30

The Boxbough Holiday Inn, in Boxbough MA.

To attend this meeting you must be an LLC member, or join the LLC at the meeting.

If you sent waste oil or contaminated soil to the Beede site and have not paid, BEWARE!

See attached link for "Cleaning up Someone Else's Mess"

Boston Globe Article (3/17)

http://www.boston.com/bostonglobe/

The Federal EPA is forcing the “Performing Parties” to clean up the Beede Site and they are reaching out to all PRP’s to pay up or they will file suit against you.  The law firm hired by the “Performing Parties” has already begun to send out demand notices to the PRP’s who have not paid. They are demanding payment within 30 days or they will take you to federal court. 

The cost for the clean-up is approximately $48 million, the reimbursement for work already completed is $17 million and the cost to monitor the site is another $9 million.

Remember, under the Federal Superfund Law you are liable if you sent oil to the Beede site. If you haven’t notified your insurance carrier about this situation, you should do so immediately. Most stations had pollution liability coverage that could help.

As a reminder EPA started searching for PRP’s in 1996, sending out letters to approximately 7,400 potential generators. After several years of searching in June 2001 EPA sent General Notice letters of potential liability to just over 2000 PRP’s, which included about 2000 generators, about fifteen transporters and two current/former owner/operators. General Notice letter recipients have been identified as being potentially legally responsible under the Superfund Law for the release of hazardous waste at the site, and are expected to contribute to the costs associated with investigation and cleanup.

All EPA records have been turned over to the “Beede Group” and their intention is to seek reimbursement from all 7400 potential generators not just the PRP’s that received General Notice letters.

Current Beede Update as of October 1, 2008.

EPA issued general notices of liability to over 2,000 parties in June 2001. EPA has settled with over 1200 parties, primarily in 4 separate de minimus settlements, each under an administrative order of consent (“AOC”). These settlements netted over $18 million for costs associated with the Site. After completing the fourth de minimus settlement, the EPA pursued settlement negotiations with the largest volume contributors to the site, and on April 7, 2007 the Department of Justice lodged the Remedial Design/Remedial Action Consent Decree (RD/RA/CD) with the United States District Court for the District of New Hampshire. The Consent Decree includes settlement terms with 101 Beede Potentially Responsible Parties (PRP’s). Shortly after lodging, a group of major PRP’s who signed the consent decree (hereinafter, “Performing Parties”) commenced work associated with the $48 million comprehensive Beede site cleanup plan selected in the 2004 ROD. The Consent Decree was entered by the Court on July 22, 2008. 

The MA Joint Committee on Transportation will be holding a public hearing on Tues Mar. 10th @ 5:00 pm at the Tenney Grammar School 75 Pleasant St. Methuen, MA.  We urge all members and interested parties to attend and voice you opinion on the governor's proposed 19 cent gasoline tax increase.

NESSARA is spearheading the effort to protect the rights of the ExxonMobil Dealers of New England.  We have recently held a meeting where the Fairnees For Fuel Assocition LLC, was created.  The goal of this LLC is to unite the lessee dealers of New England in an effort to ensure they are given some control over their location during the ExxonMobil sales process.  Please contact our office to find out more details on how you can join this group and protect your rights.

After months of preparation, the new Mass Vehicle Check Program rolled out on Oct 1^st.  There were some initial problems with equipment delivery, initialization, program hotline, etc… but on the whole, the MVC Program seems to be working well for most of the industry.  The majority of NESSARA members are now up and running without trouble, and our goal is to help everyone get to that point.

If you are having any difficulty with your machine, or are unable to get answers to your questions, please do not hesitate to contact the NESSARA office at 978-667-7706.  There are also a few ways for you to contact Parsons directly:

   Hotline Phone #                                             877-834-4677

   Hotline E-Mail                                    info@massvehiclecheck.com

   Website Address                                www.massvehiclecheck.com

We are working on a daily basis with Parsons, Mass RMV, DEP, and other organizations in an effort to make this program as successful as possible.