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83 DEP Letter 2000 ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE The Clarke School for the Deaf 47 Roundhill Road Northampton, MA 01060 Attn: Dan Clogston Dear Mr. Clogston: BOB DURAND Secretary LAUREN A.LISS Commissioner June 12, 2000 Re: Northampton RTN: 1-13485 83 Bancroft Street RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L. c.21E and 310 CMR 40.0000 On June 9, 2000 at 1:38PM, Brian Snow of Cyn Environmental Services provided oral notification to the Department on behalf of The Clarke School for the Deaf of release of#2 fuel oil discovered after removal of an underground storage tank at 83 Bancroft Street, 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 The Clarke School for the Deaf) 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)574-6872. 436 Dwight Street•Springfield,Massachusetts 01103•FAX(413)704-1149•TDD(413)746-6620•Telephone(413)784-1100 0 Printed on Recycled Paper 83 Bancroft Street- Clarke School RTN 1-13485 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 govemed 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): excavation and off-site disposal of up to 200 cubic yards of petroleum-contaminated soil and dewatering of the tank excavation with a vacuum truck; 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 Phil McBain of Cyn Environmental Services as LSP of record for this release. If you have any questions relative to this notice, you should contact the undersigned at the letterhead address or at (413) 755-2246. All future communications regarding this release must reference the Release Tracking Number(RTN) contained in the subject block of this letter. Very truly yours, David A. Slowic Section Chief Emergency Response B3 Bancroft Street- Clarke School RCN 1-13485 Notice of Responsibility DAS/ds/kml /:13485mf 3 Enclosure: Release Notification Form; B WSC-103 and Instructions Summary of Liability Under Chapter 21E Certified Mail#P 153 713 627, Return Receipt Requested cc: Northampton Health Department Board of Selectmen Fire Department Cyn Environmental, Brian Snow/Phil McBain