Notice of Responsibility 2003 Mr. Red McDonald
East Coast Sand and Gravel,Inc.
Notice ojResponsibility
RTN 1-14791
Page 2
You should be aware that you may have claims against third parties for damages, including claims for
contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are
govemed by laws which establish the time allowed for bringing litigation. The Department encourages
you to take any actions necessary to protect any such claims you may have against third parties.
At the time of oral notification to the Department,the Department approved the following response
actions as Immediate Response Actions(IRA): cleanup of the release using absorbents;excavation and
proper disposal of up to 50 cubic yards of contaminated soil; and, completion of post-excavation
sampling.
Specific approval is required from the Department for the implementation of an IRA 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. The MCP requires that a fee of$750.00
be submitted to the Department when an RAO Statement is filed greater than 120 days from the date of
initial notification.
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 a Licensed Site
Professional (LSP). You may contact the LSP Board of Registration at 617/556-1145 to obtain the
current LSP list.
If you have any questions relative to this notice,you should contact Anthony Kurpaska at the above
letterhead address or by telephone at 413-755-2236. All future communications regarding this release
must reference the Release Tracking Number(RTN)contained in the subjec ,block of this letter.
Si9eGrely, x/
vid A. Siowick'
Section Chief
Emergency Response
DAS:AFK:afk
P:14791nor
Certified Mail# 7002 0860 0005 4379 4672
cc: Northampton
Board of Health
Fire Department
Mayor's Office
Doug Spink,Mass Highway,District 2
Attachments to addressee only:
Release Notification Fonn; BWSC-003 and Instructions
Summary of Liability under M.G.L. c. 21E
MITT ROMNEY
Governor
KERRY HEALEY
Lieutenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
March 31, 2003
CERTIFIED MAIL
URGENT LEGAL MA 1 1 ER: PROMPT ACTION NECESSARY
Mr. Red McDonald
East Coast Sand and Gravel, Inc.
90 Hanover Street
Newbury, MA 01951
ELLEN ROY HERZFELDER
Secretary
Re: Northampton
Mass Highway Depot
Mount Tom Road(Route 5)
Release Tracking# 1-14791
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L.c. 21E and
310 CMR 40.0000
EDWARD I' KUNCE
Acting Commissioner
Dear Mr.McDonald:
On March 31,2003,at 9:40 A.M.,personnel from the Massachusetts Highway Department(Mass
Highway)provided notification on behalf of East Coast Sand and Gravel,Inc.to the Department of
Environmental Protection(the Department)of a release of hydraulic oil at the subject location (the site).
As reported,a dump truck hydraulic hose failed,causing a release of approximately 20 gallons of
hydraulic oil to the mostly paved surface of the Mass Highway depot yard. This constitutes a reportable
release as listed in the Massachusetts Contingency Plan,310 CMR 40.0000(the"MCP"). In addition to
oral notification, 310 CMR 40.0333
be submitted to the Department within 60 calendar days of the date of the oral notification.Porm(RNF)
The Department has reason to believe that the release that was reported is or may be a disposal site as
defined in the MCP. The Department also has reason to believe that you(as used in this letter"you"
refers to East Coast Sand and Gravel,Inc.)are a potentially responsible party(PRP)with liability under
Section 5(a)of M.G.L.c.21E. This liability is "strict",meaning that it is not based on fault,but solely on
your status as owner,operator, generator,transporter,disposer or other person specified in said Section
5(a). 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. 21 E is attached.
This information is available in alternate format Call Aprel McCabe.ADA Coordinator at I-617456-1171.TDD Service-I-800-298-2207.
DEP on the World Wide Web: http://www.mass govfdep
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