Pole #2 2000 ARGEO PAUL CELLUCCI
Governor
JANE SWIFT
Lieutenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
Massachusetts Electric Company
548 Haydenville Road
Northampton,MA 01089
Attn: Jim Neveu
Dear Mr.Neveu:
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
June 6, 2000
Re: Northampton
RTN: 1-13470
Cook Avenue, Pole# 1
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L. c. 21E and
310 CMR 40.0000
On June 2, 2000 at 8:01PM, you provided oral notification to the Department on behalf of
Massachusetts Electric Company of a release of approximately 17 gallons of non-PCB transformer
oil in the vicinity of pole #1, Cook Avenue, in Northampton, Massachusetts. 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 reported release 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 Massachusetts Electric
Company.) 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 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
This information is available in alternate format by calling our ADA Coordinator at(617)5744873.
436 Dwight Street•Springfield.Massachusetts 01103•FAX(413)784-1149•TDD(413)746-6620•Telephone(413)784-1100
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NECO-Cook Ave., Northampton
RTN 1-13470
Notice of Responsibility
2
description of potential liability. For your convenience,a summary of liability under M.G.L. c. 21E
is attached.
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 governed by laws which establish the time allowed for bringing litigation. The Department
encourages you to take any action necessary to protect any such claims you may have against third
parties.
You are reminded that, at the time of oral notification to DEP, the Department approved the
following response action as an Immediate Response Action (IRA): surficial cleanup including use
of a vacuum truck to cleanout the stormwater drainage system;
Specific approval is required from the Department for the implementation of all IRAs with the
exception of 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. The Department has recorded Evan Johnson of Tighe & Bond
Consulting Engineers as LSP of record for this release.
If you have any questions relative to this notice, you should contact John Bourcier at the letterhead
address or at (413) 755-2112 All future communications regarding this release must reference the
Release Tracking Number(RTN) contained in the subject block of this letter.
V • truly yours'
4/
David-
Section Chief
Emergency Response
O. MECO-Cook Ave., Northampton
RTN 1-13470
Notice of Responsibility
DAS/ds/kml
/:13470rnf
3
Enclosure: Release Notification Form,BWSC-103 and Instructions
Summary of Liability Under Chapter 21E
Certified Mail#P 153 713 625,Return Receipt Requested
cc: Northampton
Health Department
Board of Selectmen
Fire Department
Evan Johnson-Tighe& Bond
Ms.Mary Claire Higgins,Mayor
Town of Northampton
210 Main Street
Northampton,MA 01060
Tighe&Bond
Consulting Engineers
Environmental Specialists
N-437-1-58 (1160)
July 27, 2000
Re: Response Action Outcome
Massachusetts Electric Company
Pole#2
Cooke Avenue
Northampton,MA
RTN 1-13470
Dear Mayor Higgins:
In accordance with the Public Notification Procedures of the Massachusetts Contingency Plan
(MCP 310 CMR 40.1403(3)(f», we are writing to notify you of the submittal to the Massachusetts
Department of Environmental Protection (DEP) of a Response Action Outcome (RAO) Statement
for the above-referenced release. On June 2, 2000, a severe "microburst" windstorm caused a tree
to knock a 25 KVA transformer, (from Utility Pole # 2 located on Cooke Avenue), releasing 17.6
gallons of non-polychlorinated biphenyl (non-PCB) mineral oil dielectric fluid (MODE). DEP
assigned the incident a Release Tracking Number(RTN) of 1-13470. A Class A-1 RAO has been
prepared for the release, indicating that a condition of No Significant Risk of harm to health, safety,
public welfare and the environment exists at the site and no further response actions are required.
A copy of the RAO submittal can be obtained from the Western Regional Office of the DEP at 436
Dwight Street in Springfield, MA. Public file review sessions are held every Wednesday. For more
information about file review,please call the DEP Service Center at 413-784-1100. If you have any
questions or comments relative to this correspondence, please contact Paul Beaulieu or the
undersigned.
Evan T. Johnson,P.E., LSP
Vice President
F:PROJECTS\N\N043TLIR\RAO PUBNOT.DOC
Copy: Peter McErlain,Northampton Board of Health
James Neveu,MEC
John Bourcier,DEP Western Region
Westfield Executive Park 53 Southampton Road Westfield, MA 01085-5308 Tel. 413-562-1600 Fax. 413-562-5317
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