421 DEP Notice of Responsibility 94 r • Commonwealth of Massachusetts
PP1011111111 Executive Office of Environmental Affairs
_ Department of
D E P Environmental Protection
Western Regional Office
William F. Weld
Govemot
Trudy Core
Secretary. ECEA
Thomas B. Powers
Acting Commissioner
Veterans Administration Hospital
421 North Main Street
Northampton, MA 01060
Attention: Ray Bellis
Re: Northampton
VA Hospital
421 North Main Street
Release 4: 1-10480
RELEASE NOTIFICATION
NOTICE OF RESPONSIBILITY
MGL Ch. 21E - 310 CMR 40.0000
Dear Mr. Bellis:
On August 22, 1994 at 8 :30 AM, Demo Ververis of All-State Boiler Works provided
oral notification to the Department of Environmental Protection, Bureau of Waste
Site Cleanup, Emergency Response Section ("the Department") of a release/threat
of release of oil/hazardous material. 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.
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 Veterans Administration
Hospital) are a potentially responsible party ("PRP") with liability under
Section SA of MGL Ch. 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.
On the same date, the Department verbally approved an Immediate Response Action
(IRA) in accordance with 310 CMR 40.0411. The approved IRA consisted of
excavation and stockpiling of oil-contaminated soil from around the underground
storage tanks. You are required to retain a Licensed Site Professional (LSP) to
oversee the IRA unless specifically exempted by the Department. Be advised that
additional submittals to the Department are necessary with regards to the
approved IRA.
The Department encourages PRPs to take response actions at Disposal Sites. By
taking the necessary response actions, you may avoid liability for costs incurred
by the Department in taking such actions and any sanctions which may be imposed
under M.G.L. c.21E, M.G.L. c. 21A 5 16 or other laws for non compliance with the
MCP. If you do not take the necessary response actions, or fail to perform them
in compliance with the MCP, the Department is authorized by MGL Ch. 21E to
perform the necessary work and recover up to three times its cost.
436 Dwight Street • Springfield, Massachusetts 01103 • FAX(413)784-1149 • Telephone(413)784-1100
•
-2-
Responsible parties have up to one year from the initial date of notification of
a release/threat of release to the Department pursuant to 310 CMR 40.0300 or from
the date the Department issues a Notice of Responsibility, whichever occurs
earlier, to submit either a completed Tier Classification Submittal or a Response
Action Outcome Statement to the Department. You must employ or engage a Licensed
Site Professional ("LSP") since submission of these documents and actual response
activities at the site require specific actions by an LSP. In order to encourage
timely response actions to address releases/threats of releases, the MCP requires
that a fee of $750.00 be submitted to the Department with any RAO filed greater
than 120 days from the date of initial notification.
If you have any questions relative to this matter, you should contact Ben Fish
of the Regional Emergency Response Section at the above letterhead address or
call 413-784-1100 ext. 285. All future communications regarding this release
must reference the Release Tracking Number contained in the subject block of this
letter.
ery, trul 11
David A. S o^ ' k
Section Chief
Emergency Response
BF/bf/kml
P:nhamp480.rnf
attached: RNF
Certified Mail Z 082 547 780, Return Receipt Requested
cc: Northampton Fire Department
Northampton Board of Health
Tighe and Bond Engineers, Evan Johnson