DEP NOR
Charles D. Baker
Governor
Karyn E. Polito
Lieutenant Governor
Bethany A. Card
Secretary
Martin Suuberg
Commissioner
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Printed on Recycled Paper
November 10. 2022
Massachusetts Division of Capital Asset Management and Maintenance
1 Ashburton Place, 15th Floor
Boston, MA 02108 Re: Northampton
Former Family Court
33 King Street
Attn: Susan Ruch, Director of Env. Services RTN 1-21683
Release of Petroleum
NOTICE OF RESPONSIBILITY
M.G.L. c. 21E, 310 CMR 40.0000
Dear Ms. Ruch:
On November 4, 2022, the Massachusetts Department of Environmental Protection (the “Department”)
received a Release Notification Form (RNF) for property at 33 King Street in Northampton, Massachusetts (the
site). The RNF indicates that soil at the site is contaminated with petroleum hydrocarbons. In light of this
information, the Department would like to make you (as used in this Notice, “you” refers to Massachusetts
Division of Capital Asset Management and Maintenance (DCAMM)) aware of your rights and responsibilities
under the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E,
and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000.
The information contained in your submittal indicates that the above-referenced property has been subject to a
release of petroleum hydrocarbons in excess of the applicable reportable quantity or reportable concentration.
Based on this information, the Department has reason to believe that the property, or portions thereof, is a
disposal site which requires a Response Action. The cleanup of disposal sites is governed by M.G.L. c. 21E
and the MCP.
The information contained in your submittal also indicates that you are a party with potential liability for
response action costs and damages under M.G.L. c. 21E, § 5. The attached summary is intended to provide
you with information about liability under Chapter 21E to assist you in deciding what actions to take in response
to this notice.
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
DCAMM
33 King Street, Northampton
RTN 1-21683
Page 2 of 3
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.
ACTIONS UNDERTAKEN TO DATE AT THE SITE
The Release Notification Form (RNF) indicates that soil at the site is contaminated with petroleum
hydrocarbons.
NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES
No disposal site will be deemed to have had all the necessary and required Response Actions taken for it
unless and until all substantial hazards presented by the release and/or threat of release have been eliminated
and a level of no significant risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP.
The MCP requires persons undertaking Response Actions at a disposal site to submit to the Department a
Permanent Solution or Temporary Solution Statement prepared by a Licensed Site Professional upon
determining that a level of no significant risk already exists or has been achieved at the disposal site.
Unless otherwise provided by the Department, responsible parties have one year from the initial date which
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
Department one of the following submittals: (1) a completed Tier Classification Submittal; or (2) a Permanent
Solution or Temporary Solution Statement; or (3) a Downgradient Property Status Submittal. The deadline
for these submittals for this disposal site is November 4, 2023.
In addition, the MCP requires responsible parties and any other person undertaking Response Actions at a
disposal site to perform Immediate Response Actions in response to sudden releases, Imminent Hazards and
Conditions of Substantial Release Migration. Such persons must continue to evaluate the need for Immediate
Response Actions and notify the Department immediately if such a need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The Department encourages parties having liability under M.G.L. c. 21E to take prompt action in response to
releases, to lower cleanup costs, and to avoid the imposition of or reduce the amount of annual compliance
assurance fees payable under 310 CMR 4.00 (e.g., no annual compliance assurance fee is due for Permanent
or Temporary Solution Statements submitted to the Department within 120 days of the initial date of release
notification).
You must employ or engage an LSP to manage, supervise or actually perform all Response Actions which
you intend to undertake at this disposal site. You may obtain a list of the names and addresses of LSPs by
contacting the Board of Registration of Hazardous Waste Site Cleanup Professionals by telephone at (617)
556-1091 or via the following internet link: https://eeaonline.eea.state.ma.us/portal#!/search/lsp.
All submittals for this release that require an LSP Opinion must be submitted through eDEP, MassDEP’s
electronic document and form submittal repository. For more information on electronic submittal of forms and
reports, please visit MassDEP’s website, http://www.mass.gov/eea/agencies/massdep/service/online/edep-
online-filing.html.
DCAMM
33 King Street, Northampton
RTN 1-21683
Page 3 of 3
If you have any questions relative to this notice, you should contact David Slowick 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.
Sincerely,
/s/ John Ziegler
John Ziegler
Acting Deputy Regional Director
Bureau of Waste Site Cleanup
JZ/das
/:1-21683 Northampton DCAMM 120-day
Enclosure: Summary of Liability Under 21E
e-cc: Northampton:
Mayor
Health Department
Denise Emmons, DEP WERO