Top 10 Problems with the Submittal of Waste Site Cleanup Forms

Admittedly, the BWSC forms are not the most exciting or necessary element in cleaning up sites. OK, they can be downright annoying. However, there is no way for BWSC to manage, route, and track the thousands of actions that occur at regional sites every year without the use of these forms. For a privatized system to work, MassDEP and the public have to be kept "in the loop", and these forms are a big part of how that is done. They are also the primary vehicle to establish and ensure accountability in private-sector response actions.

Beyond this program importance, the forms are also used to start and stop regulatory (and fee) clocks. If you submit a form that was not filled out correctly, the clock keeps ticking, and the fee meter keeps running.

Provided below are a list of the most common mistakes made in filling out these forms. See Acronyms for any needed translations.

Top Ten:

1. The Forms are not originals.

2. The PRP/LSP signature or the LSP signature and/or stamp are missing.

3. The appropriate boxes are not checked off, particularly:
   • Phase I on Tier Classification form
   • risk characterization and cleanup method on RAO form.
     
     
4. The Facility signature is missing on the Bill of Lading form.

5. The NRS scoresheet is missing signatures, UTM coordinates, all RTNs that the form covers, and/or the scores are added incorrectly.

6. The wrong RTN is provided.

7. A copy of the fee check is missing for RAMs, RAOs and/or DPS submittals.

8. An existing RTN is used for a DPS when there is a separate reportable condition warranting a new RTN.

9. A Partial RAO is incorrectly identified. (If there are multiple RTNs on a site, a full RAO can be submitted for each. However, if the RAO only covers a portion of the RTN, then it is a partial RAO and needs to reflect that in the 3rd box in section B of the RAO form).

10. The address on the submittal is different from the original site/release address. If there is a change/correction of address for a site, submit to BWSC/NERO a modified Release Notification Form with a letter of explanation for the reported release(s).

Honorable Mentions

• Linking RTNs: BWSC Form 107A filled out incorrectly.

• There is no chemical which exceeded RC/RQs listed on the RNF, or if there are multiple chemicals, the top 3 are not listed.

• An additional RNF is submitted for a condition already reported which has its own RTN.

• The PRP signs the wrong section on the DPS/RAO form (K vs L).

• The time and date are not filled out on RNFs for 2/72 hour notifications, or the wrong line is filled in.

• The wrong Tier Classification box is checked off (Tier I vs Tier II) on that form. Section G is missing a signature.

• The AUL Form 113 is not an original.

• A Bill of Lading is missing Section K, the shipment summary.

• The 2 boxes on the NRS that state "the site is Tier I because..." are not checked off.

• A Waiver Completion Statement is filed when no Phase II has been submitted.

• The "transferor" and "transferee" in a Tier II transfer sign the wrong sections of BWSC form 107A&107B. (Note: the "transferee" is the new party undertaking response actions. The "transferor" is the party on record at MassDEP as currently undertaking response actions).

• An LSP signs a form for the PRP without attaching a copy of the letter of authorization from the PRP.