Notice of Responsibility 1995 William F.Weld
Govemor
Argeo Paul Cellueei
LI.Go'emar
Commonweatth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional Office
November 27, 1995
Trudy Coxe
Sec,nary
David B.Struhs
Commissioner
Massachusetts Highway Dept . (MHD) Re: Northampton -
10 Park Plaza, Room 4260 Mount Tom
Boston, MA 02116 aintenance F cility
Release #1-11151
Attention: Mr. Ross B. Dindio,
Chief Engineer and
Mr. Gregory Prendergast,
Deputy Chief Environmental
Dear Gentlemen:
RELEASE NOTIFICATION
NOTICE OF RESPONSIBILITY:
MGL Ch. 21E -
310 CMR 40 . 0000
On November 22, 1995, Charles Tuttle, on behalf of MHD, provided
oral notification to the Department that a threat of release had
been identified as a result of tightness test failure of an
underground storage tank (UST) containing gasoline at the above-
mentioned site . Mr. Tuttle informed the Department that the UST' s
leak rate was greater than . 05 gallons per hour (gph) , a 72-hour
reportable release condition.
Based on the notification, the Department instructed MHD to engage
a Licensed Site Professional (LSP) to determine the extent of the
contamination. In addition to oral notification, 310 CMR 40 . 0333
further requires that a completed Release Notification Form
(attached) be submitted to the Department within 60 calendar days
of the date of the oral notification.
Mr. Tuttle stated that the MHD would not be able to retest the UST
within the required 72 hours, and therefore, the Department
instructed MHD to remove the remaining product from the tank to
prevent any further release from occurring. Mr. Tuttle also stated
that MHD is planning on removing the UST within the next couple of
weeks .
The Department has reason to believe that the release/threat of
release which has been reported to you by the Department is or may
be a disposal site as defined in the Massachusetts Contingency Plan
(the "MCP" ) , at 310 CMR 40 . 0000 . The Department also has reason to
believe that you (as used in this letter "you" refers to
Massachusetts Highway Department) are a potentially responsible
party (PRP) with liability under Section 5A of M.G.L. c . 21E. This
liability is "strict" , meaning that it is not based on fault, but
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone (413)784-1100
NOTICE OF RESPONSIBILITY
RTN: #1-11151
Mount Tom Maintenance Facility
Northampton, MA
Page 2
solely on your status as owner, operator, generator, transporter,
disposer or other person specified in said Section 5A. This
liability is also "joint and several" , meaning that you are liable
for all response costs incurred at a disposal site even if there
are other liable parties.
The Department encourages PRPs to take prompt and appropriate
actions in response to releases and threats of release of oil
and/or hazardous materials . By taking the necessary response
actions, you may significantly lower your assessment and cleanup
costs and/or avoid liability for costs incurred by the Department
in taking such actions . You may also avoid or reduce certain
permit or annual compliance fees payable under 310 CMR 4 . 00 .
Please refer to M.G.L. c. 21E for a complete description of
potential liability. For your convenience, a summary of liability
under M.G.L. c . 21E is attached.
You are reminded that at the time of the oral notification of the
Department, the Department advised you that the following IRAs were
necessary at the site :
• excavate and remove the UST;
• determine if a release of gasoline to the environment has
occurred;
• if a release has occurred, determine the extent of the
gasoline contamination;
• excavate and remove up to 200 cubic yards of gasoline
contaminated soil, and stockpile on-site until proper
disposal can be arranged; and
• perform confirmatory sampling after excavation to
determine if further excavation/removal of contaminated
soil is necessary; and
• dispose of the contaminated soil at a Department approved
recycler.
Be advised that additional submittals are necessary with respect to
the approved IRAs .
NOTICE OF RESPONSIBILITY
RTN: #1-11151
Mount Tom Maintenance Facility
Northampton, MA
Page 3
Specific approval is required from the Department for the
implementation of all IRAs with the exception of assessment
activities, the construction of a fence and/or posting of signs .
Additional submittals are necessary with regard to this
notification including, but not limited to, the filing of an IRA
Completion Statement and/or Response Action Outcome (RAO)
statement .
It is important to note that you must dispose of any Remediation
Waste generated at the subject location in accordance with 310 CMR
40 . 0030 including, without limitation, contaminated soil and/or
debris . Any Bill of Lading accompanying such waste must bear the
seal and signature of an LSP.
If you have any questions relative to this notice, you should
contact Steven Cooperman at the letterhead address or (413) 784-
1100 ext . 314 . All future communications regarding this release
must reference the Release Tracking Number (RTN) contained in the
subject block of this letter.
..`Sin erel
SLC/s1 c/kml
p:\scooperm\letters\11151mhd.rnf
cc : Northampton
Fire Department
Board of Health
Mayor' s Office
Charles Tuttle, MHD
Certified #Z 082 549 329
Da id A. °wick
Section Chief
Emergency Response
Attachments : Release Notification Form; BWSC-103 and Instructions
Summary of Liability under M.G.L. c . 21E