60 Notice of Responsibility & RAO Et)PAUL CELLUCCI
E SWIFT
tenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
March 19, 2001
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
REGISTERED MAIL: RETURN RECEIPT REQUESTED
Mr. Wayne Feiden
Director of Planning and Development
City of Northampton
210 Main Street
Northampton,MA 01060
Dear Mr.Feiden:
BOB DURAND
Secretary
LAUREN A LISS
Commissioner
Re: Northampton
Former Fire Station
60 Masonic Street
RTN 1-13831
Release of Extractable Petroleum Hydrocarbons
NOTICE OF RESPONSIBILITY
M.G.L.c.21E,310 CMR 40.0000
Thank you for submitting the Release Notification Form received by the Department on March 12,2001.
The Release Notification Form indicates that soil at the subject location(the site)is contaminated with
extractable petroleum hydrocarbons(EPH). In light of this information,the Department wishes to ensure that
you are aware of your rights and responsibilities under the Massachusetts Oil and Hazardous Material
Release Prevention and Response Act,M.G.L.c.21 E,and the Massachusetts Contingency Plan(MCP),310
CMR 40.0000.
The information contained in your submittal indicates that the above-referenced property has been subject to
a release of oil/hazardous materials in excess of the applicable reportable quantity or reportable concentration.
Based on this information,the Department has reason to believe that the property,or portions thereof, is a
disposal site which requires a response action. The cleanup of disposal sites is governed by M.G.L.c.21E
and the MCP.
The information contained in your submittal also indicates that you(as used in this letter"you"refers to the
City of Northampton)are a party with potential liability for response action costs and damages under M.G.L.
c.21 E, § 5. The attached summary is intended to provide you with information about liability under Chapter
21E to assist you in deciding what actions to take in response to this notice.
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
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
936 Dwight Street•Springfield Massachusetts 01103•FAX(613)784-1149.TDD(413)746-8620•Telephone(413)784-1100
0 Printed on Recycled Paper
31r. Wayne Feiden
7iry of Northampton
Vallee of Responsibility
4 T 1-13821
nage 2
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.
ACTIONS UNDERTAKEN TO DATE AT THE SITE
Based on the Release Notification Form(RNF)and supporting information,a Targeted Brownfields
Assessment was completed at the site by Metcalf&Eddy(M&E)on behalf of the United States
Environmental Protection Agency(US EPA). A report entitled"Targeted Brownfields Assessment Final
Report,Old Fire Station,Northampton,Massachusetts, dated January 2001,and prepared by M&E was
submitted with the RNF. The RNF and supporting information indicates that soil on-site is contaminated
with C11 through C22 Aromatic Hydrocarbons at concentrations above applicable reportable concentrations.
These hydrocarbons were found in on-site soils at concentrations up to 270 parts per million(ppm). The
supporting information indicates that the presence of beryllium and several polycyclic aromatic hydrocarbons
at concentrations above applicable reportable concentrations is likely due to coal or wood ash and therefore
may be an exempt release. Additional sampling will be completed to support this statement. The excavation
or disturbance of such material is subject to the requirements of the Management Procedures for Remediation
Waste 310 CMR 40.0030 and/or the Massachusetts hazardous waste regulations(310 CMR 30.0000)and any
excavation or disturbance(management)of such contaminated material shall be conducted in accordance
with these regulations.
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
No disposal site will be deemed to have had all the necessary and required response actions taken for it unless
and until all substantial hazards presented by the release and/or threat of release have been eliminated and a
level of no significant risk exists or has been achieved in compliance with M.G.L.c.21E and the MCP.
The MCP requires persons undertaking response actions at a disposal site to submit to the Department a RAO
Statement prepared by a LSP upon determining that a level of no significant risk already exists or has been
achieved at the disposal site.
Unless otherwise provided by the Department,responsible parties have one year from the initial date notice
of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the date
the Department issues a Notice of Responsibility,whichever occurs earlier,to file with the Department one of
the following submittals:(1)a completed Tier Classification Submittal;or(2)a RAO Statement;or(3)a
Downgradient Property Status Submittal. The one-year anniversary date for this release is March 12.2002.
In addition,the MCP requires responsible parties and any other person undertaking response actions at a
disposal site to perform Immediate Response Actions in response to sudden releases,Imminent Hazards and
Conditions of Substantial Release Migration. Such persons must continue to evaluate the need for Immediate
Response Actions and notify the Department immediately if such a need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The Department encourages parties having liability under M.G.L.c.21E to take prompt action in response to
releases and threats of release of oil and hazardous materials. By taking prompt action,liable parties may
significantly lower cleanup costs and avoid the imposition of,or reduce the amount of,certain permit and/or
annual compliance assurance fees payable under 310 CMR 4.00(e.g.,no annual compliance assurance fee is
due for RAO Statements submitted to the Department within 120 days of the initial date of release
notification).
You must employ or engage a LSP to manage,supervise or actually perform all response actions which you
intend to undertake at this disposal site. You may obtain a list of the names and addresses of LSPs by
contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at
ryne Feiden
'Northampton
of Responsibility
-13821
') 556-1145 or in person or by mail at One Winter Street,6th Floor,Boston,Massachusetts 02108.
ru have any further questions,please contact Anthony Kurpaska at the letterhead address or at(413)755-
. ll
Nu future
ecs correspondence den e communic cations
this regarding the disposal site should reference the Release
Sincerely,
Alan Weinberg
Deputy Regional Director
Bureau of Waste Site Cleanup
W:AFK
3381nor.doc
nclosure
;ertified Mail No.7000 0600 0026 1472 9714;Return Receipt Requested
▪ Northampton
Fire Department
Board of Health
Mayor's Office
Richard Green,DEP WERO
Jim Byrne,US EPA New England Region
EnvironmentalSafetyHealthGeotechnical
Talbot & Okun 4—C01.
[ A S S O C I A T E S ] 1
3285-02-01
August 14, 2001
Northampton Board of Health
210 Main Street
Northampton,Massachusetts 01060
Attention: Mr.Peter Mc Erlain,Director
Re:
Former Northampton Fire Station
60 Masonic Street
Northampton,Massachusetts
Release Tracking No. 1-13831
293 Bridge 5tee:
Suite 500
Spi ngfela, MA 01103
MI 9.3 788 5222
Fax 413 788 8330
Frail olfiCeCioto narom
Dear Mr.Mc Erlain:
This letter is submitted to you on behalf of City of Northampton, Inc., the owner of the
above referenced property. Based on the work performed, a Response Action Outcome
Statement has been filed with the DEP. It is the conclusion of our final report that no
significant risk remains at the Site of the release and further response actions are not
warranted.
Copies of the referenced report is available at DEP's Western Regional office located at
436 Dwight Street in Springfield under release tracking No. 1-13831. The DEP office is
open to the public for review and copying of files on Wednesdays during normal business
hours.
If you have any questions in this matter,please contact the undersigned.
Very truly yours,
O'Reilly,Talbot &Okun
Kevin J. O'Reilly
Principal
cc Mayor Clare Higgins