Notification Conditions - Part 2: 72 hour and 120 day Reporting
The Massachusetts Contingency Plan, Section 40.0300 presents conditions which require notification to the MA DEP within 2 hours, 72 hours or 120 days. Releases and Threats of Release which require notification of the MA DEP within 72 hours include:
A release to the environment of oil or hazardous material (OHM) that is indicated by the presence of:
• non-aqueous phase liquid (NAPL) with a measured thickness greater than 1/2 inch;
• a soil sample with equal to or greater than 100 parts per million of total organic vapors from within 10 feet of the exterior wall of a underground storage tank (UST) and is greater than 2 feet below grade and collected as part of the assessment or removal of a UST;
• concentration greater than the reportable concentration within the Zone I of a public water supply or 500 feet of a water supply well;
• concentration in groundwater greater than 5 mg/l total volatile organic compounds within 30 feet of a school or occupied residential structure, where the groundwater table is less than 15 feet below grade; or
• a condition of Substantial Release Migration, associated with a release for which notification is required.
A threat of release to the environment of OHM from a UST of a leak equal or greater than 0.05 gallons per hour:
• in a single wall UST;
• in the inner wall of a double wall UST; or
• in the outer wall of a double wall UST.
Notification of the MA DEP within 120 days is required if:
• OHM in soil or groundwater is equal to or greater than the appropriate reportable concentration;
• Oil in soil equal to or greater than the reportable concentration, where the total continuous volume of the contaminated soil is equal to or greater than two cubic yards; or
• a release results in subsurface NAPL having a thickness of greater than 1/8 inch and less than 1/2 inch.
There are exemptions, timing, and actions that may affect notification requirements. Several exemptions are: gasoline releases from passenger car accidents; releases from coal, coal ash, or wood ash; and releases associated with building materials in good repair. Previous cleanup work or cleanup by a Limited Removal Action may eliminate the need to make notification.