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On May 29, 2012, at about 7:30 a.m., a spill of an estimated 20 gallons of hydraulic fluid occurred when a hydraulic hose ruptured on a truck-mounted crane that was loading telephone poles at the facility. The hydraulic fluid impacted paved surfaces in the vicinity of the crane. According to MassDEP, personnel took steps to control the spill and retained contractor assistance in cleaning up the spill. A facility representative reported the spill to MassDEP that day at 1 p.m. Massachusetts State regulations require that MassDEP be notified as soon as possible, but in no case more than 2 hours after the responsible party became aware of a spill of greater than 10 gallons.
According to MassDEP, the facility appropriately performed a complete cleanup of the spill and submitted cleanup documentation to MassDEP. To resolve the outstanding violation, the facility entered into a consent order with the Agency. The company has agreed to retrain its personnel regarding response to spills of oil and hazardous materials that occur from its equipment and vehicles at locations in Massachusetts. In addition, the company has agreed to pay the penalty of $2,000.
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Massachusetts requires notification of any release or threat of release of oil or hazardous material that exceeds threshold amounts. Under the Massachusetts Contingency Planning (MCP) requirements, notification thresholds have been established for 2-hour, 72-hour, and 120-day-type releases.
The MCP rules establish reportable quantities (RQs) and reportable concentrations (RCs) for releases that trigger the notice requirement. RQs refer to quantities of oil or hazardous material, the release or threat of release of which requires notification. RCs refer to concentrations of oil or hazardous material contamination in soil or groundwater that requires notification. Notice must be given to DEP within 2 hours, 72 hours, or 120 days, depending on the type, location, and severity of the release or threat of release.
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Even if a release or threat of release does not require notice to MassDEP, MCP rules require that response action be taken if the release is a threat to health, safety, public welfare, or the environment. Such response action, however, is not subject to state rules for submittals, approvals, and fees.
The purpose of the MCP is to provide for the protection of health, safety, public welfare, and the environment by establishing requirements and procedures for the prevention of activities that may cause a release or threat of release of oil and/or hazardous material, to assess the nature and extent of any contamination, and to evaluate and implement appropriate remedial action. The law requires that the owner or operator of a facility or vessel, or any other liable person, including a secured lender or fiduciary, notify DEP of the release or threat of release of oil or hazardous material that exceeds regulated thresholds. The notice requirement applies to current releases and threats of releases as well as contamination resulting from past releases.
See tomorrow’s Advisor for more information on reporting oil spills in Massachusetts.