421 Notice of Responsibility 1995 •
COmmonwealih of Massachusetts-.-
Executive Office of Environmental Affairs
Department of
Environmental Protection
Western Regional
William F.Weld Trudy Core
Governor Secretary
Alva.,Paul Celluccl David S. Siuus
u.Governor
August 25, 1995
Northampton Veterans Administration Hospital
421 North Main Street
Northampton, MA 01060
(Safety Office 0015)
Attention: Michael Safford
Re: Northampton
North Main Street
Release #1-11008
RELEASE NOTIFICATION AND
NOTICE OF RESPONSIBILITY;
M.G.L. c. 21E and 310 CMR 40.0000
Dear Mr. Safford:
On August 20, 1995 at 3:37 AM the Northampton Fire Department provided oral notification to the
Department, on your behalf, of a release/threat of release of oil/hazardous material. In addition to oral
notification, 310 CMR 40.0333 further requires that a completed Relense Notification Form (attached)
be submitted to the Department within 60 calendar days of the date of the oral notification.
The Department has reason to believe that the release/threat of release you have reported is or may
be a disposal site as defined in the Massachusetts Contingency Plan,310 CMR 40.0000(the"MCP").The
Department also has reason to believe that you (as used in this letter "you" refers to Northampton
Veterans Administration Hospital) 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 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 relenee 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.
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
NOTICE OF RESPONSIBILITY Page 2
Northampton Vetarns Administration
You are reminded that, at the time of oral notification to DEP, you were advised by the Department
that the following response actions were approved as an Immediate Response Action (IRA):
1. determine the extent of the oil contamination;
2. excavate and stockpile any contaminated soil on-site;
3. perform confirmatory sampling to determine if further excavation/removal of
contaminated soil is necessary; and
4. dispose of'the contaminated soil at a Department-approved disposal/recycling facility.
An LSP must be retained to oversee the proposed IRA. 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. 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 ISP list.
Oversight is being provided by Paul Hatch, LSP/P.B. Hatch Consulting Engineers.
If you have any questions relative to this notice, you should contact Robert Terenzi at the letterhead
address or (413) 784-1100 ext. 245. All future communications regarding this release must reference
the Release Tracking Number (RTN) contained in the subject block of this letter.
Ve truly
Dav d SI
Section Chef
Emergency Response
Certified Mail # Z 082 549 222
RPT/rpt /kml
RNF008.95
copy: Northampton
Mayor
Board of Health
Fire Department
Paul Hatch, LSP
Attachments: Release Notification Form; BWSC-003 and Instructions
Summary of Liability under M.G.L. c. 21E