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What is this notice? (Informational Notice about Immediate Response Actions, BWSC124)
This notice provides information about actions taking place to assess and clean up environmental contamination at a location near you. These actions are called “Immediate Response Actions”.
Why did I receive this notice?
This notice is required to be given to anyone who is potentially affected by the environmental contamination being addressed by an Immediate Response Action. This includes people who live or work at the location where the actions are taking place, as well as the owners of the property if they are not the ones doing the work.
The Massachusetts Department of Environmental Protection (MassDEP) is the state agency that requires the notice be made available to you. MassDEP oversees assessment and cleanup actions required to address environmental contamination. The cleanup of such contamination is regulated by state law (Massachusetts General Law Chapter 21E) and regulations known as the Massachusetts Contingency Plan (310 CMR 40.0000).
These notices only apply to contamination related to releases of oil or hazardous material at locations known as “disposal sites” regulated under Chapter 21E and the Massachusetts Contingency Plan.
What are Immediate Response Actions?
Immediate Response Actions are used to assess the levels of contamination in soil, groundwater, drinking water or indoor air, and to take early action if it is determined to be necessary. Such early actions are designed to reduce the potential for exposure to the contamination by people or to prevent the degradation of the environment.
What are some examples of Immediate Response Actions?
The type of Immediate Response Actions that are taken a disposal site depend on factors such as:
- the types of contaminants that are present:
- the concentration of those contaminants:
- the potential risks that the contaminants pose to human health and the environment; and
- the measures that are appropriate and available for taking early action to reduce the potential for human or environmental exposure to the contaminants.
Depending on the problem they are intended to address, Immediate Response Actions can include activities such as:
- providing bottled water;
- installing filters to treat drinking water;
- excavating, covering or fencing contaminated soil;
- providing portable air purification units; and
- installing sub-slab depressurization systems (similar to radon treatment systems).
What Immediate Response Actions will be occurring at this location?
Section D of the notice provides information that is specific to the Immediate Response Action activities that are occurring (or will be occurring) at the location that is the subject of this notice. Because some parts of a large property may be unaffected, the notice also provides a description of the specific location(s) within the property where the activities will occur.
Is this notice given for all Immediate Response Actions?
No. This notice is given only when the Immediate Response Action is addressing contamination that is determined to be an “Imminent Hazard” or affect a “Critical Exposure Pathway”. These terms are defined by state law and regulation and are described further below.
What is an Imminent Hazard?
“Imminent Hazards” are conditions where the environmental contamination could pose a risk of harm to human health or the environment over a relatively short period of time. Imminent Hazards to health are usually associated with high concentrations of contamination coming into contact with people who may be drinking contaminated water, breathing contaminated air, or playing in contaminated soil. Once an Imminent Hazard is identified, MassDEP requires that the Imminent Hazard be eliminated as quickly as feasible. That is why an Immediate Response Action is used.
What is a Critical Exposure Pathway?
A Critical Exposure Pathway is a condition where there is (or will likely be) any amount of environmental contamination at a disposal site in either the drinking water supply well or indoor air of an occupied home, preschool, daycare or school.
Because clean air and drinking water are so important, MassDEP requires that this contamination is addressed quickly, where feasible, regardless of whether or not it poses an Imminent Hazard.
How do I determine whether the Immediate Response is addressing an Imminent Hazard, involves a Critical Exposure Pathway or both?
Section D.1. of the notice provides a description of the conditions that are being addressed by the Immediate Response Action and whether the condition is an Imminent Hazard, Critical Exposure Pathway or both.
The following questions apply to notices that are physically posted in a multi-unit building (e.g., residence) or in a commercial or industrial building.
Why was this notice posted in the building where I work or live?
If the Immediate Response Action is being conducted in a multi-unit residential building or in a commercial or industrial building, the building owner or manager (operator) is required to post both sides of the two-page notice in a central location where it will be visible and available to people who live in, work in or otherwise frequent the building.
Examples of appropriate locations for posting the notice include a shared mailbox location, a central bulletin board, or an employee sign-in area.
How long will this notice be posted?
The owner (or manager/operator) of the building where this notice is posted is required to keep it posted for the duration of the Immediate Response Action. Section D. of the posted notice provides information of the approximate start date and completion date for the Immediate Response Action.
Where can I find more information?
Documents about the assessment and cleanup of this disposal site, including documents specific to the Immediate Response Action, are available in MassDEP’s online files available at https://eeaonline.eea.state.ma.us/portal/dep/wastesite/.
Information may be found be searching using the “Release Tracking Number” (listed in the upper right hand copy of Form BWSC124) or by location address.
Once you find the disposal site, look for the “Supporting Documents” link to download detailed reports.
Contact information for the person who prepared the notice is also provided in Section E of the notice.
Are there other options for becoming more involved in the actions taking place at this disposal site?
The regulations provide additional opportunities for public involvement in the disposal site cleanup process. More information about how you can learn more about a contaminated site and become involved in the cleanup can be found here: https://www.mass.gov/lists/public-involvement-during-cleanup-of-contaminated-properties.