126 Notice of Responsibility 2006 Mr.Jim Neveu
Notice of Responsibility
RTN 1-16202
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 field inspection by Department personnel, the Department
approved the following response actions as Immediate Response Actions (IRA), subject to your
retainment of a Licensed Site Professional (LSP):
1. Cleanup of the release using absorbents;
2. Remediate the transformer oil release by the excavation of up to 15 cubic yards of
contaminated soil if necessary;
3. Perform confirmatory sampling,as needed,to determine if further remedial action is
necessary; and
4. 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 ]RA Completion
Statement and/or Response Action Outcome (RAO) statement. The MCP requires that a fee of 51,200.00
be submitted to the Department when an RAO Statement is filed greater than 120 days from the date of
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 to obtain the current LSP list. Presently, the
Department has listed Paul Beaulieu as the LSP-of-record for this release.
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
Depanment one of the following submittals: (1) a completed Tier Classification Submittal; or(2) a RAO
Statement; or (3) a Downgradient Property Status Submittal. The one-year anniversary date for this
release is May 30, 2007.
MITT ROMNEY
Governor
KERRY HEALEY
Lieutenant Governor
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)7844149
June 2, 2006
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL
Mr. Jim Neveu
National Grid plc
P.O.Box 507
Northampton,MA 01061-0507
Dear Mr.Neveu:
STEPHEN R.PRITCHARD
Secretary
ROBERT W.GOLLEDGE,Jr.
Commissioner
Re: Northampton
126 Burts Pit Road,Pole 4100
Release Tracking# 1-16202
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L. c. 21E and
310 CMR 40.0000
On May 30, 2006, at 4:14 P.M., you provided notification to the Department of Environmental Protection
(the Department) of a release of transformer oil at the subject location (the site). As reported, a motor
vehicle accident resulted in a damaged pole and transformer. The transformer fell from the pole and
released approximately 15 gallons of PCB-containing transformer oil to the paved road surface and soil.
This condition 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 (ANY) 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 MCI'. The Department also has reason to believe that you (as used in this letter "you"
refers to National Grid plc) 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.
This informadon Is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Senice•l-800498-2107.
DEP on the World Wide Web http:IMww.mass.gov/des
0 Printed on Recycled Paper
Mr.Jim Neveu
Notice of Responsibility
RTN 1-16202
Page 3
If you have any questions relative to this notice, you should contact Stacey Dakai at the above letterhead
address or by telephone at 413-755-2149. All future communications regarding this release must
reference the Release Tracking Number(RTN)contained in the subject block of this letter.
Si lY,
I
�.
A. Slo ASS
Section Chief
Emergency Response
DAS:SAD:sad
P:16202nor.doc
Certified Mail No. 7004 0550 0000 4694 2420
cc: Northampton
Fire Department
Board of Health
Mayor's Office
Paul Beaulieu,Tighe&Bond
Attachments to addressee only:
Release Notification Form;BWSC-003 and Instructions
Summary of Liability under M.G.L.c.21E