421 DEP Report 7-22-19 (2) i
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs _
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100
Charles D.Baker Kathleen A.Theoharldes
Governor Secretary
Karyn E.Polito Martin Suuberg
Lieutenant Governor Commissioner
t
July 22, 2019
URGENT LEGAL MATTER:PROMPT ACTION NECESSARY
Mr.John Collins
VA Central Western Massachusetts Health Care System
421 North Main Street
Leeds,MA 01053 Re: Northampton,
VA Hospital Transformer#20
Release Tracking# 1-20888
RELEASE NOTIFICATION and
NOTICE OF!RESPONSIBILITY;
M.G.L.c.21E and
310 CMR 40:0000
Dear Mr.Collins:
On July 18,2019 at 6:03 P.M.,personnel from your general contractor,Ironclad Services,Inc.notified
the Department of Environmental Protection(the Department or"MassDEP")of a release of transformer
oil/mineral oil dielectric fluid(MODF)at the subject location(the site). As reported,Ironclad Services,
Inc.personnel were excavating in the area and accidentally caught an electric wire,damaging a
transformer bushing. An estimated 10 gallons of MODF was leaked from the damaged bushing to the
nearby paved surface and to the ground surface below the transformer vault. 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 further requires that a completed Release Notification Form(RNF)
be submitted to the'Department within 60 calendar days of the date of oral notification.
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 VA Central Western Massachusetts Health Care System)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 action costs incurred at a disposal site even if there are other liable parties. Please note
that the Department has also identified Ironclad Services,Inc.as a PRP for this release.
This information Is available In alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-6761.
TTY#MassRelay Service 1-600.439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper `
I
i I
Mr.John Collins
Vit Central Western Massachusetts Health Care System
Notice of Responsibility
RTN I-20888
Page 2
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.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 actions necessary to protect any such claims you may have against third parties.
At the time of notification and subsequent telephone conversations with your staff,the Department
approved the following response actions as Immediate Response Actions(IIIA): deployment of
absorbents;excavation of up to 25 cubic yards of contaminated soil; and,completion of assessment
activities.
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 Plan within 60
days of the date of notification,unless an IIIA.Completion Statement and/or a Permanent or Temporary .
Solution Statement has been filed prior to that date. IRA Status Reports are required to be submitted
within 120 days of the date of notification and every six months thereafter, unless an IRA Completion
Statement and/or a Permanent or Temporary Solution Statement has been filed prior to the IRA submittal
due dates. The MCP requires that a fee of$1470.00 be submitted to the Department when a Permanent or
Temporary Solution 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 LSP. You may
contact the LSP Board of Registration at 617/556-1091 or access the following internet link:
https://eeaonline.eea.state.ma.us/portal#1/search/Isp to obtain the current LSP list.
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 Permanent Solution
or Temporary Solution Statement;or(3.)a Downgradient Property Status Submittal. The deadline for these
submittals for this disposal site is July 18,2020
Please note that all submittals for this release that require an LSP Opinion must be submitted through e-DEP,
MassDEP's electronic document and form submittal repository. For more information on electronic
submittal of forms and reports,please visit MassDEP's website,
http:/Iwww.mass.p,ov/eea/agencies/massdep/service%online/edep-online-filing html.
' J .
Mr.John Collins
VA Central Western Massachusetts Health Care System
Notice of Responsibility
RTN 1-20888
Page 3
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 subject bIO&of this letter.
Inc *Slowic
avi
Section Chief
Emergency Response
DAS:AFK:afk
P:20888nor2.doc
ecc: Northampton
Fire Department
Mayor's Office
Health Department
Robert Earle,Western Mass Environmental,LLC
cc: Eric Siborg,Ironclad Services,Iric.
Rob Michalik,GEMS,VA Central Western Massachusetts Health Care System