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
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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