I-91 WPA Emergency Certification Con CommImportant:
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
_ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _
A. Emergency Information
The Northampton Conservation Commission
Issuing Authorit
Shoulder o" Route 9 Southbound, near Oxbow
Issuance From:
1. Site Location:
2 Reason for Emergency:
Diesel Fuel Spill
3. Public agency ordering the work to be performed:
The Northampton Conservation Commission
4. Date of Site Visit:
May 5, 2004 May 6, 2004
5. Work to be allowed *:
Removal of approximately 50 CY of contaminated soil. Excavated area shall be backfilled with loam,
graded, and seeded with an erosion control seed mix.
* May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority.
Signatures:
' Ut3Pom1/4. (r)TrOc)
Chair an (or designee)
Start Date: End Date *:
May 5, 2004
Date
June 6, 2004
* no later than 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to address an oil /hazardous material release.
A copy _of_thisior_m _ m.ust_be_promided_ o_ the _appropriate_DEERegionaLOffice
WPA Emergency Certification Page 1 of 2
Rev 11/0 -1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 13 §40
C. General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Emergency Certification or
subject to enforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does
not authorize any injury to private property or invasion of property rights.
3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that
necessary to abate the emergency, shall require the filing of a Notice of Intent.
5. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any
data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without extension
by the Issuing Authority.
D. Special Conditions
8. All equipment shall remain on the roadway.
9. Trenched (dug by hand) filter fabric shall be used for erosion control.
10. Silt fence shall be installed in a "U" shape, beginning and ending at the guardrail, to completely
enclose work area.
11. Silt fence shall remain in place until vegetated cover is well established to prevent erosion.
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a
conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not
operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department's review shall be conducted within seven days of: issuance by a conservation
commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency
certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth, the Department may revoke
the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.
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