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38A-067 f Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Emergency Certification Form 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A copy of this form must be provided to the appropriate DEP Regional Office. C. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent. 5. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Emergency Certification at reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. 6. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without extension by the Issuing Authority. D. Special Conditions Silt fencing will be installed for erosion control and to create a limit of work line. Any soil within 6" of grade, crossing the historic railroad right-of-way, be disposed of off site and in accordance with the Department of Environmental Protection regulations for coal ash contaminated waste. E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by'a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA Emergency Certification Page 2 of 2 Rev.11101 Massachusetts Department of Environmental Protection —0�7 a Bureau of Resource Protection -Wetlands WPA Emergency Certification Form 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Emergency Information Important: Northampton Conservation Commission From: When filling out Issuance Issuing Authority forms on the Earle Street from 25 Texas Road computer, use 1. Site Location: only the tab key to move 2 Reason for Emergency: your cursor- do not use the Existing septic system has been ordered off-line because it is cross corncted tQsform.dr�i�age { return key. pipe that empties into the Mill River 3. Applicant to perform work: O'Connell Oil Associates 4. Public agency to perform work or public agency ordering the work to be performed: e= Northampton Board of Health 5. Date of Site Visit: Start Date: End Date*: March 24, 2005 *no later than 30 days from start date or 60 days in the case of an Immediate Response Action approved by DEP to address an oil/hazardous material release. 6. Work to be allowed*: Installation of a 4" iron sewer pipe at approximately five feet below the surface beginning at an existing manhole on Earle Street and crossing the right of way onto O'Connell Oil property. The sewer pipe will be located outside of the buffer zone of an isolated wetland, but the excavation at the right of way will occur at the outer fringe of the 100' buffer. The work will cut off the existing sanitary sewer line from the old septic system/cesspool which is cross connected to the storm drainage system. The new pipe will run across the existing driveway/parking area en-route to a pump chamber. A portion of the pipe work will fall within the 200' Outer Riparian Zone of the Mill River Diversion Channel. The Mill River is separated from the work by the existing gravel driveway, Texas Road and a long vegetated/rip rap slope. *May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. Sign Chairm n(or designee— 1 yJ/yz t WPA Emergency Certification Page 1 of 2 Rev.11/0 1