25C-126 (2) Northampton
RTN I-16019
Notice of Responsibility
Page 3 of 3
Certified Mail No. 7000 0600 0026 8857 6887
cc: Northampton
Board of Health
Fire Department
Board of Selectmen
Attachments to Addressee only:
Release Notification Form; BWSC-003 and Instructions
Summary of Liability under M.G.L.c. 2 1 E
• Northampton
RTN 1-16019
Notice of Responsibility
Page 2 of 3
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.
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. As of the date of this Notice, the
following IRA activities have been approved:
• Assessment as necessary
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$1200.00 be submitted to the Department when an RAO Statement is filed greater than 120
days from the date of initial notification.
You must submit either a RAO Statement or a Tier Classification on or before December 7,2006,the
annual status date of the original release notification.If you submit a Tier Classification submittal,you
will be subject to an Annual Compliance Assurance Fee billing for the current billable year based on the
classification of the site on the annual status date.If you fail to submit either a Tier Classification or an
RAO Statement by the December 7, 2006 deadline,this site will be deemed Tier ID by default and you
will be subject to Annual Compliance Assurance Fee billing at the Tier ID fee rate of$4000 per year.
You may also be subject to further enforcement action if this deadline is not met.
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 an LSP. You may
contact the LSP Board of Registration at 617/556-1091 to obtain the current LSP list.
Please be advised that as of June 27, 2003, recently enacted amendments to the fee regulations have
reduced some permit and annual compliance fees for residential disposal sites.Homeowners that meet the
criteria set forth under the definition of homeowner can qualify for the reduced fees by submitting a
completed Homeowner Certification Form. For your convenience a copy of the certification form
(BWSC-120)has been attached to this NOR. Please send the completed form to:
MA DEP
BWSC-Cost Recovery,Fees&Revenue
1 Winter Street 7th Floor
Boston,MA 02108-4747
If you have any questions relative to this notice,you should contact Bob Terenzi at the above letterhead
address or by telephone at 413-755-2245. All future communications regarding this release must
reference the Release Tracking Number(RTN)contained in the subject block of this letter.Sinc y,
A. S
wick
Section Chief
Emergency Response
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100•FAX(413)784-1149
MITT ROMNEY STEPHEN R.PRITCHARD
Governor
Secretary
KERRY HEALEY ROBERT W.GOLLEDGE,Jr.
Lieutenant Governor Commissioner
December 9, 2005- --
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL
Deborah Dunphy
25 Lincoln Avenue
Northampton,MA 01060
Re: Northampton-RTN 1-15960
18 Elizabeth Street
RELEASE NOTIFICATION and
NOTICE of RESPONSIBILITY
M.G.L.c.21E and 310 CMR 40.0000
Dear Ms.Dunphy:
On December 7,2005 at 4:40 P.M.,notification was provided on your behalf to the Massachusetts
Department of Environmental Protection(the Department)of a release of an unknown quantity of oil from an
aboveground storage tank in the basement at the above-referenced location.The release,which resulted from
an underground feed line,was reported by Rick Cemak of Cernak Oil Company.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 the oral notification.
The Department has reason to believe that you(as used in this letter, "you"refers to Deborah Dunphy)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 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 40.00. 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
This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207.
DEP on the World Wide Web: http://www.mass.gov/dep
i� Printed on Recycled Paper
Northampton Fire Department Page: 2
Incident Report 05/19/2006
Incident #: 05-2641-IN Exp. 0
Call #: 05-26301
# Apparatus Type Dates/Times P- - Actions-Taken
1 Car 4 Mobile command post Disp 12/07/2005 @ 1633 1 Other Investigate
C4 Arr 12/07/2005 @ 1649
Clr 12/07/2005 @ 1659
InQt 12/07/2005 @ 1659
InSv 12/07/2005 @ 1659
Personnel - Statlon App
1 F432 Gagne, David D. 12/07/2005 @ 1632 12/07/2005 @ 1659 R
Critical incident: No
Northampton Fire Department Page: 1 �� /d �
Incident Report 05/19/2006 — -
Incident #: 05-2641-IN Exp. 0
Call #: 05-26301
Location: 16 ELIZABETH ST
NORTHAMPTON,MA 01060 -
Census Tract: 8219-02
District: Outlying Downtown s.►/1
Report By: Gagne, David D. on 12/07/2005
Approved By: Gagne, David D. on
Basic Incident information
i
Incident Type: Hazmat release investigation w/ no hazmat
Property Use: 1 or 2 family dwelling
Actions Taken: Investigate
Resources Used Summary
Alarm: 12/07/2005 @ 1632 Arrived: 12/07/2005 @ 1649
Cleared: 12/07/2005 @ 1659
Alarms: 1 Aid: None
Apparatus Personnel
Suppression: 0 Suppression: 0
EMS: 0 EMS: 0
Other: 1 Other: 1
Casualties Summary
Deaths Injuries
Fire Service: 0 Fire Service: 0
Civilian: 0 Civilian: 0
Arrived on scene without incident. Investigation revealed no apparent leak of oil. All
appeared secure. Homeowners daughter called a service technician to replace fuel line
should it need it. Original complaint was the possibility oil was leaking into ground
from a hole in the fuel line.
1