Instructions for Form 1, 2, 3, 4 "Newspaper Public Notices of Response Action Status" - Massachusetts

This document contains official instructions for Form 1, Form 2, Form 3, and Form 4. All forms are released and collected by the Massachusetts Department of Environmental Protection.

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Download Instructions for Form 1, 2, 3, 4 "Newspaper Public Notices of Response Action Status" - Massachusetts

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INSTRUCTIONS FOR MCP-RELATED PUBLIC NOTICES (NEWSPAPER NOTICES)
Introduction
The Massachusetts Contingency Plan (310 CMR 40.0000, the "MCP") requires that
the public be informed about specific response action milestones at disposal sites and
the opportunities to comment on such response actions through the publication of
notices (referred to as “public notices”) in a newspaper in general circulation in the
vicinity of the disposal site. The MCP states that these public notices “shall be in a
form established by the Department for such purpose.” This document contains the
forms MassDEP has established for the newspaper public notices required under the
MCP.
These notices must be used to announce:
1. Tier Classification of a site (as specified at 310 CMR 40.1403(6)(a))
2. Initial Public Involvement Plan Site Meeting (as specified at 40.1405(5))
3. Recording/Registering of an Activity and Use Limitation (AUL) (as specified
at 310 CMR 40.1403(7))
4.
Recording/Registering an AUL Amendment, Release or Termination (as
specified at 310 CMR 40.1403(7))
General Instructions for Newspaper Public Notices
For each notice, site-specific information must be inserted into the form at
specific locations. These locations are noted in prescribed forms in bold type.
Additional site-specific information must be entered into or selected from the
bolded brackets ([ ]), as appropriate. This information includes the site
classification, dates of submittals, deadlines for public comments, names and
addresses of the applicant, person conducting the response action and
Licensed Site Professional(s), and the location and contact information for the
appropriate
MassDEP
Regional
Office
(See
www.mass.gov/dep/about/regional.htm
for MassDEP regional office listings)
All public notices must be published in a newspaper that circulates in the
community(ies) in which the disposal site is located. Public notices must also
be published in newspapers that circulate in any other communities that are (or
are likely to be) affected by the disposal site. Either daily or weekly newspapers
may be selected.
Revised June 11, 2014
INSTRUCTIONS FOR MCP-RELATED PUBLIC NOTICES (NEWSPAPER NOTICES)
Introduction
The Massachusetts Contingency Plan (310 CMR 40.0000, the "MCP") requires that
the public be informed about specific response action milestones at disposal sites and
the opportunities to comment on such response actions through the publication of
notices (referred to as “public notices”) in a newspaper in general circulation in the
vicinity of the disposal site. The MCP states that these public notices “shall be in a
form established by the Department for such purpose.” This document contains the
forms MassDEP has established for the newspaper public notices required under the
MCP.
These notices must be used to announce:
1. Tier Classification of a site (as specified at 310 CMR 40.1403(6)(a))
2. Initial Public Involvement Plan Site Meeting (as specified at 40.1405(5))
3. Recording/Registering of an Activity and Use Limitation (AUL) (as specified
at 310 CMR 40.1403(7))
4.
Recording/Registering an AUL Amendment, Release or Termination (as
specified at 310 CMR 40.1403(7))
General Instructions for Newspaper Public Notices
For each notice, site-specific information must be inserted into the form at
specific locations. These locations are noted in prescribed forms in bold type.
Additional site-specific information must be entered into or selected from the
bolded brackets ([ ]), as appropriate. This information includes the site
classification, dates of submittals, deadlines for public comments, names and
addresses of the applicant, person conducting the response action and
Licensed Site Professional(s), and the location and contact information for the
appropriate
MassDEP
Regional
Office
(See
www.mass.gov/dep/about/regional.htm
for MassDEP regional office listings)
All public notices must be published in a newspaper that circulates in the
community(ies) in which the disposal site is located. Public notices must also
be published in newspapers that circulate in any other communities that are (or
are likely to be) affected by the disposal site. Either daily or weekly newspapers
may be selected.
Revised June 11, 2014
INSTRUCTIONS FOR MCP-RELATED PUBLIC NOTICES (NEWSPAPER NOTICES)
Pursuant to 310 CMR 40.1403(2)(b), the public notice must be published as an
advertisement in the local news section of the newspaper, unless 1) the
cost of the advertisement exceeds the cost of a legal notice of comparable size
by 20% or more OR 2) the newspaper refuses to publish the notice as an
advertisement.
As specified in 310 CMR 40.1403(2)(c), copies of all public notices must be
sent to the appropriate MassDEP Regional Office (the Office that covers the
community in which the disposal site is located).
It is important that you consult the MCP at 310 CMR 40.1403 and 310 CMR 40.1405
for detailed information about the public notices covered in this package.
Revised June 11, 2014
INSTRUCTIONS FOR MCP-RELATED PUBLIC NOTICES (NEWSPAPER NOTICES)
(FORM 1)
NOTICE OF TIER CLASSIFICATION
[SITE NAME]
[SITE ADDRESS]
[RELEASE TRACKING NUMBER]
A release of oil and/or hazardous materials has occurred at this location, which is a disposal
site as defined by M.G.L. c. 21E, § 2 and the Massachusetts Contingency Plan, 310 CMR
40.0000. To evaluate the release, a Phase I Initial Site Investigation was performed pursuant
to 310 CMR 40.0480. The site has been classified as [TIER I or TIER II] pursuant to 310
CMR 40.0500. On [DATE], [NAME OF PERSON CONDUCTING RESPONSE ACTIONS]
filed a [TIER I or TIER II] Classification Submittal with the Department of Environmental
Protection (MassDEP). To obtain more information on this disposal site, please contact
[NAME OF PERSON CONDUCTING RESPONSE ACTIONS or SUCH PERSON’S
REPRESENTATIVE, NAME OF ORGANIZATION, ADDRESS, TELEPHONE NUMBER].
The Tier Classification Submittal and the disposal site file can be viewed at MassDEP
website using Release Tracking Number (RTN) [RTN] at
http://public.dep.state.ma.us/SearchableSites2/Search.aspx
or at [MassDEP, REGIONAL
OFFICE ADDRESS, TELEPHONE NUMBER]. Additional public involvement opportunities
are available under 310 CMR 40.1403(9) and 310 CMR 40.1404.
Revised June 11, 2014
INSTRUCTIONS FOR MCP-RELATED PUBLIC NOTICES (NEWSPAPER NOTICES)
(FORM 2)
NOTICE OF INITIAL PUBLIC INVOLVEMENT PLAN SITE MEETING
[SITE NAME]
[SITE ADDRESS]
[RELEASE TRACKING NUMBER]
A release of oil and/or hazardous materials has occurred at this location, which is a disposal
site as defined by M.G.L. c. 21E, § 2 and the Massachusetts Contingency Plan, 310 CMR
40.0000. On [DATE], [NAME OF PERSON CONDUCTING RESPONSE ACTIONS] received
a petition from residents in [NAME OF COMMUNITY(IES)] requesting that this disposal site
be designated a Public Involvement Plan site, in accordance with M.G.L. c. 21E §14(a) and
310 CMR 40.1404. As a result, a public meeting will be held at [NAME OF LOCATION,
ADDRESS] on [DATE/TIME] to present the draft Public Involvement Plan, to solicit public
comment on the draft Public Involvement Plan, and to provide information about disposal
site conditions. Copies of the draft Public Involvement Plan will be made available at the
meeting.
Any questions regarding this meeting or the draft Public Involvement Plan should be
directed to [NAME OF PERSON CONDUCTING RESPONSE ACTIONS OR SUCH
PERSON’S REPRESENTATIVE, NAME OF ORGANIZATION, ADDRESS, TELEPHONE
NUMBER].
The disposal site file can be can be viewed at MassDEP website using Release Tracking
Number (RTN) [RTN] at
http://public.dep.state.ma.us/SearchableSites2/Search.aspx
or at [MassDEP, REGIONAL OFFICE ADDRESS, TELEPHONE NUMBER].
Revised June 11, 2014
INSTRUCTIONS FOR MCP-RELATED PUBLIC NOTICES (NEWSPAPER NOTICES)
(FORM #3)
[NOTICE OF ACTIVITY AND USE LIMITATION]
or [GRANT OF ENVIRONMENTAL RESTRICTION]
[SITE NAME]
[SITE ADDRESS]
[RELEASE TRACKING NUMBER]
A release of oil and/or hazardous materials has occurred at this location, which is a disposal
site as defined by M.G.L. c. 21E, § 2 and the Massachusetts Contingency Plan, 310 CMR
40.0000. On [DATE], [NAME OF PERSON RECORDING AND/OR REGISTERING THE
NOTICE or GRANT] [recorded with the __________ County Registry of Deeds and/or
registered with the Land Registration Office of the ____________ Registry District] a
[NOTICE OF ACTIVITY AND USE LIMITATION] [GRANT OF ENVIRONMENTAL
RESTRICTION] on the disposal site, pursuant to 310 CMR 40.1070 through 40.1080.
The [GRANT OF ENVIRONMENTAL RESTRICTION] [NOTICE OF ACTIVITY AND USE
LIMITATION] will limit the following site activities and uses on the above property:
[ List inconsistent/restricted activities and uses
]
Any person interested in obtaining additional information about the NOTICE OF ACTIVITY
AND USE LIMITATION] [GRANT OF ENVIRONMENTAL RESTRICTION] may contact
[NAME OF PERSON RECORDING AND/OR REGISTERING THE GRANT OR NOTICE OR
SUCH PERSON’S REPRESENTATIVE, NAME OF ORGANIZATION, ADDRESS,
TELEPHONE NUMBER].
The [NOTICE OF ACTIVITY AND USE LIMITATION] [GRANT OF ENVIRONMENTAL
RESTRICTION] and the disposal site file can be can be viewed at MassDEP website using
Release Tracking Number (RTN) [RTN] at
http://public.dep.state.ma.us/SearchableSites2/Search.aspx
or at [MassDEP, REGIONAL
OFFICE ADDRESS, TELEPHONE NUMBER].
Revised June 11, 2014
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