The Massachusetts Chapter 21E Release Notification is the BWSC-103 form that any person who spills, finds, or becomes responsible for a release of oil or hazardous material in Massachusetts must file with the Massachusetts Department of Environmental Protection (MassDEP). It tells the state that a release happened, where it is, what was spilled, and who is responsible, so the cleanup process under the Massachusetts Contingency Plan (MCP) can begin.
You file this form because state law makes you. If you knew about a reportable release and stayed silent, you can face daily penalties, lose legal protections, and turn a small spill into a costly enforcement case. MassDEP has logged more than 35,313 two- and 72-hour release notifications through fiscal year 2023, so this is a high-volume, well-traveled process, not a rare event.
Here is what you will learn in this guide:
- 📋 What the BWSC-103 is, who must file it, and the exact deadlines that apply
- 🗂️ Every document and detail you need to gather before you open the form
- ✍️ A line-by-line walkthrough of all seven sections, with real example entries
- 👥 Three full filled-out scenarios for a homeowner, a gas station, and a property sale
- ⚠️ The most common mistakes that get forms rejected and trigger penalties
What the Form Is and Who Must File It
The BWSC-103, titled the Release Notification & Notification Retraction Form, is the official written notice that a release or threat of release of oil or hazardous material has occurred. It is issued by MassDEP’s Bureau of Waste Site Cleanup and is required under the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, found at M.G.L. Chapter 21E. The form carries a revision date of 3/1/95 printed in its lower corner, and it tells you it supersedes the older Form BWSC-003. Check that date before you start so you know you have the current version.
The people who must file are spelled out by the statute and the MCP. A Responsible Party (RP) or Potentially Responsible Party (PRP) must notify when they own or operate the source of the release. Owners and operators of property where the release sits must also notify, as must many people who simply gain knowledge of a reportable condition. The plain rule is this: if you have knowledge of a release at or above a reporting threshold, the duty to notify lands on you.
The form does three jobs. It submits a brand-new release notification, it revises a notice you already gave, or it retracts a notice you gave by mistake. Most filers use it for the first job. Consultants and Licensed Site Professionals (LSPs) often file on behalf of clients, but the legal duty still belongs to the responsible person, not the consultant.
A misconception worth clearing up early: many people think calling the MassDEP spill line is enough. The oral call satisfies the immediate duty for 2-hour and 72-hour conditions, but the written BWSC-103 is a separate, mandatory step that follows within 60 days. Skip the written form and you have still broken the rule.
Before You Start: Documents and Information You Need
Gather your facts before you open the form. The BWSC-103 asks for precise data, and guessing on any field can get your form returned as incomplete or, worse, expose you to a missed-deadline penalty. Here is your pre-filing checklist.
- Exact release address and city/town. The form opens by asking where the release is, and a wrong town routes your form to the wrong regional office and delays the file.
- Latitude and longitude or a location aid. MassDEP uses location data to map the site; without it, the agency cannot tie your notice to the right disposal site.
- Date and time you obtained knowledge. This single fact starts your legal clock, and the form will not accept a notification without it.
- Date and time the release occurred, if known. This helps MassDEP judge whether the release is sudden or historical, which changes the deadline category.
- The substance name and CAS number. You must name the oil or hazardous material released, and the CAS number removes any doubt about which chemical you mean.
- Estimated amount or concentration released. The form asks how much, because the quantity decides whether you crossed a Reportable Quantity or Reportable Concentration.
- Names and addresses of affected property owners. If other people’s land is hit, their names are a required attachment, and leaving them off makes the form incomplete.
- Your relationship to the release. You must check whether you are an Owner, Operator, RP, PRP, or another category, because this sets your legal status in the file.
- The Release Tracking Number (RTN), if MassDEP already gave you one. Adding it links your form to the existing case instead of opening a duplicate.
- A signer with authority. Section G requires a signature under the pains and penalties of perjury, so line up someone allowed to bind the responsible entity.
If any item is missing, do not file a half-finished form to beat the clock. Instead, make the oral notification first for 2-hour and 72-hour conditions, then complete the written form once you have the facts. The oral call protects your deadline while you gather the rest.
Where to Get the Form and How to Access It
You get the BWSC-103 from MassDEP in two ways, and the agency strongly prefers the electronic route. The Site Cleanup Transmittal Forms page hosts the official PDF and its instructions, and it links straight to the online filing system. Download the PDF only if you want to draft your answers offline or keep a paper copy for your records.
The main filing channel is MassDEP’s eDEP online portal. You create a free account, choose the BWSC-103 form, and the system walks you through each section on screen. The portal includes a built-in GIS Location Finder that fills in your latitude and longitude when you click the spill location on a map, which removes the most common location error.
There are two versions of the BWSC-103, and picking the wrong one slows your file. The standard version handles 2-hour and 72-hour notifications and is the one most filers need. A separate 120-Day version exists only for 120-day conditions where MassDEP has not yet assigned an RTN. When in doubt, the standard 2/72-hour form is the safe default for an active spill.
A misconception here is that paper is just as good as eDEP. MassDEP accepts the form, but eDEP is faster, gives you an instant receipt, and reduces the chance of a returned form. For questions about how the form behaves online, the agency directs filers to email BWSC.eDEP@state.ma.us.
Step-by-Step: How to Fill Out the BWSC-103 Line by Line
The BWSC-103 runs two pages and is organized into Sections A through G. Complete every relevant section, because the form warns in bold that MassDEP may return an incomplete document and that you may be penalized for missing a required deadline. Work through the sections in order.
Section A: Release or Threat of Release Location
What it asks in plain English. Section A wants the physical address of the spill: the street, a location aid, the city or town, and the ZIP code. It also has a field at the top right for a Release Tracking Number if MassDEP already gave you one.
How to answer it. Type the street address of the release, not your mailing address. Use the Location Aid line to describe a spot that has no street number, such as a highway mile marker or the corner of two roads. Enter the city or town exactly as it appears on official maps, then the ZIP code.
Example entry. Carlos Mendez writes 742 Pleasant Street in the Street box, rear loading dock, behind building as the Location Aid, Worcester in the City/Town box, and 01609 as the ZIP Code.
Nuance or edge case. If the release is in a remote spot with no address, lean on the Location Aid line and the eDEP GIS Location Finder. Clicking the map point gives MassDEP the latitude and longitude even when no street number exists.
Common mistake and its consequence. Filers often enter their home or office address instead of the release location. This sends your notice to the wrong MassDEP regional office and can delay assignment of your RTN, which delays the entire cleanup clock.
Misconception. Some people think the location only needs to be “close enough.” MassDEP maps each site precisely, and a vague location can detach your notice from the correct disposal site and force you to refile.
Section B: This Form Is Being Used To
What it asks in plain English. Section B asks why you are submitting the form. You check whether you are submitting a new Release Notification, or a Retraction of a notice you gave before.
How to answer it. For a fresh spill, check the box for Submit a Release Notification and complete all sections of the form. If you are pulling back a notice you should not have filed, check the Retraction box and complete only Sections A, B, E, F, and G, with the supporting documents required by 310 CMR 40.0335.
Example entry. Carlos Mendez, reporting a fresh diesel spill, checks Submit a Release Notification and leaves the retraction box blank.
Nuance or edge case. A retraction is not a do-over for a typo. You retract only when the reported condition turns out not to be a reportable release at all, and you must attach proof, such as lab results showing concentrations below reportable levels.
Common mistake and its consequence. Filers sometimes check retraction to “cancel” a form they filled out wrong. This creates a confusing record and can look like you are walking back a real release, which draws MassDEP scrutiny.
Misconception. People think a retraction erases the file. It does not; the agency keeps a record of both the original notice and the retraction.
Section C: Information Describing the Release or Threat of Release
What it asks in plain English. Section C is the heart of the form. It asks when you learned of the release, when it happened, whether you already called MassDEP, which notification thresholds apply, and what was spilled and how much.
How to answer it. First enter the date and time you obtained knowledge; the date is always required. Then, if you know it, enter the date and time the release actually happened. Check the box confirming any prior oral notification and give its date and time. Next, check every applicable threshold under the 2-Hour, 72-Hour, or 120-Day columns, such as Sudden Release, Underground Storage Tank (UST) Release, or Release of Oil to Soil Exceeding Reportable Concentration(s) and Affecting More than 2 Cubic Yards. Finally, list the oils or hazardous materials, mark O or HM, add the CAS number if known, and record the amount or concentration with units.
Example entry. Carlos Mendez enters knowledge date 05/18/2026 and time 2:15 PM, checks Sudden Release under 2-Hour Conditions, lists Diesel fuel, marks O, and records roughly 80 gallons in the amount box.
Nuance or edge case. You can check more than one threshold. A single event can be both a Sudden Release and a UST Release, and you should mark every box that fits so MassDEP applies the shortest deadline.
Common mistake and its consequence. Filers leave the knowledge date blank or guess at it. This is the field that sets your legal deadline, and a missing or wrong date can make a timely filing look late and expose you to penalties.
Misconception. People believe they must know the exact spill date. The form only requires the date you gained knowledge; the actual release date is “if known,” because historical releases often have no certain start.
Section D: Additional Involved Parties
What it asks in plain English. Section D asks whether you are attaching the names and addresses of other affected property owners, and whether you are attaching an LSP’s name and address.
How to answer it. If the release has spread onto or affected property owned by someone other than the person filing, check the first box and attach those names and addresses; this attachment is required. If a Licensed Site Professional is involved, check the second box and attach the LSP’s name and address, which is optional.
Example entry. Carlos Mendez learns diesel migrated under the neighboring lot, so he checks the affected-owner box and attaches a page naming Riverside Auto Body, 750 Pleasant Street, Worcester, MA 01609.
Nuance or edge case. “Affected” includes property where contamination has migrated underground, not only the spill source. If groundwater carries the oil next door, that neighbor is an affected owner you must list.
Common mistake and its consequence. Filers skip affected neighbors because the spill started on their own land. Omitting required affected-owner names makes the form incomplete and can delay the case and damage your credibility with MassDEP.
Misconception. People think naming a neighbor accuses that neighbor of fault. It does not; the listing is informational and protects the neighbor’s right to know about contamination on their land.
Section E: Person Required to Notify
What it asks in plain English. Section E identifies who is legally giving this notice. It asks for the organization name, contact name, title, full address, telephone with extension, and an optional fax number.
How to answer it. Enter the legal name of the person or entity responsible for notifying, then the individual contact MassDEP can reach. Add that person’s title, the complete mailing address, and a working phone number. Use the entity’s legal name, not a nickname or “doing business as” label, because MassDEP files the case under this name.
Example entry. Carlos Mendez enters Organization Mendez Trucking LLC, Contact Carlos Mendez, Title Owner, address 742 Pleasant Street, Worcester, MA 01609, and Telephone (508) 555-0142.
Nuance or edge case. When a consultant files for a client, the client (the responsible party) goes in Section E, not the consultant. The consultant or LSP belongs in the Section D attachment, not here.
Common mistake and its consequence. Filers put the consultant’s firm in Section E. This misstates who holds the legal duty and can create confusion about who MassDEP holds accountable for deadlines.
Misconception. People think Section E is just a contact field. It actually names the legally responsible notifier, so the entry carries real liability weight.
Section F: Relationship of Person Required to Notify
What it asks in plain English. Section F asks how the notifier relates to the release. You check one category, such as RP or PRP, an exempt fiduciary or lender, an agency on a right of way, or any other person required to notify.
How to answer it. Check the single box that best fits your role. Under RP or PRP, you further mark whether you are the Owner, Operator, Generator, Transporter, or another RP/PRP. If none fit, check Any Person Otherwise Required to Notify and specify the relationship in the space provided.
Example entry. Carlos Mendez checks RP or PRP and then Owner, because his company owns the truck and the property where the diesel spilled.
Nuance or edge case. A fiduciary, secured lender, or municipality with exempt status under M.G.L. c. 21E, s. 2 checks the exempt box to preserve that status, so do not default to RP if an exemption truly applies.
Common mistake and its consequence. Filers check the wrong category or check several boxes. Choosing RP when you qualify for an exemption can waive valuable liability protection that the statute would otherwise give you.
Misconception. People think checking RP is an admission of guilt. It identifies your statutory role and responsibility to notify; it is not a confession that you caused the spill.
Section G: Certification of Person Required to Notify
What it asks in plain English. Section G is the signature block. You certify under the pains and penalties of perjury that you examined the form, that the information is true to the best of your knowledge, and that you are authorized to sign.
How to answer it. Print the name of the person or entity recorded in Section E, then sign and date. Add the signer’s title, telephone, optional fax, and a separate address if it differs from Section E. In eDEP, this becomes an electronic signature tied to your account.
Example entry. Carlos Mendez prints Carlos Mendez, signs, dates 05/18/2026, lists Title Owner, and enters Telephone (508) 555-0142.
Nuance or edge case. If a manager signs for the company, the By and For lines must show the individual signing on behalf of the named entity, so authority is clear on the face of the form.
Common mistake and its consequence. Filers leave the signature or date blank, especially on paper forms. An unsigned form is legally incomplete, so MassDEP can return it and treat your deadline as missed.
Misconception. People think the perjury language is boilerplate. It is enforceable, and the form warns that willfully false or incomplete information can bring fines or imprisonment.
Three Filled-Out Examples Using Real Scenarios
The three scenarios below show how different filers complete the same form. Each follows one person from the top of the BWSC-103 to the signature.
Scenario 1: Maria Lopez, homeowner with a heating-oil spill (72-hour condition). Maria finds heating oil pooling in her basement after a fuel delivery overfilled her tank.
| Form Section | What Maria Enters |
|---|---|
| Section A: Location | 18 Maple Avenue, City/Town Springfield, ZIP 01108 |
| Section A: Location Aid | basement, northeast corner near furnace |
| Section B: Used To | Checks Submit a Release Notification |
| Section C: Knowledge date/time | 04/02/2026, 9:30 AM |
| Section C: Oral notice | Checks yes, 04/02/2026, 10:05 AM |
| Section C: Threshold | Release to Groundwater near School or Residence (72-Hour) |
| Section C: Substance | No. 2 heating oil, mark O, about 40 gallons |
| Section E: Person Notifying | Maria Lopez, Owner, (413) 555-0177 |
| Section F: Relationship | RP or PRP, then Owner |
| Section G: Certification | Signs and dates 04/02/2026 |
Scenario 2: Carlos Mendez, gas station owner with a sudden UST release (2-hour condition). Carlos sees gasoline surfacing on his lot from a failed underground tank.
| Form Section | What Carlos Enters |
|---|---|
| Section A: Location | 742 Pleasant Street, Worcester, ZIP 01609 |
| Section B: Used To | Checks Submit a Release Notification |
| Section C: Knowledge date/time | 05/18/2026, 2:15 PM |
| Section C: Threshold | Sudden Release and Underground Storage Tank (UST) Release |
| Section C: Substance | Gasoline, mark O, roughly 120 gallons |
| Section D: Involved Parties | Checks affected-owner box, attaches neighbor name |
| Section E: Person Notifying | Mendez Fuel LLC, Carlos Mendez, Owner |
| Section F: Relationship | RP or PRP, then Operator |
| Section G: Certification | Signs, dates 05/18/2026 |
Scenario 3: Janet Powell, buyer who finds historical contamination during a property sale (120-day condition). Janet’s due-diligence sampling shows soil contamination below the 2/72-hour thresholds.
| Form Section | What Janet Enters |
|---|---|
| Form version | Uses the 120-Day BWSC-103 (no RTN yet) |
| Section A: Location | 55 Industrial Way, Lowell, ZIP 01852 |
| Section B: Used To | Checks Submit a Release Notification |
| Section C: Knowledge date | 03/10/2026 (time not required for 120-day) |
| Section C: Threshold | Reportable Concentrations Exceeded (RCS-1) (120-Day) |
| Section C: Substance | Lead, mark HM, CAS 7439-92-1, concentration above RCS-1 |
| Section D: Involved Parties | Checks LSP box, attaches LSP name |
| Section E: Person Notifying | Janet Powell, prospective owner |
| Section F: Relationship | Any Person Otherwise Required to Notify, specify purchaser |
| Section G: Certification | Signs, dates 03/10/2026 |
A fourth filer worth picturing is Devon Pratt, an environmental consultant who prepares the form for a manufacturing client; Devon drafts every section but lists the client in Section E and his own firm in the Section D LSP attachment.
How to File the Completed Form
MassDEP gives you more than one way to file, but the channels are not interchangeable. Choose based on the situation and keep proof of whatever you submit.
Oral notification by phone (first step for 2-hour and 72-hour conditions). Call the MassDEP Emergency Response line at 1-888-304-1133, which runs 24 hours a day. There is no fee, and you should write down the date, time, and the name of the person you spoke with as your proof. This call must happen within 2 hours or 72 hours of obtaining knowledge, depending on the condition.
Online through eDEP (the main written channel). File the written BWSC-103 through the eDEP portal. For new releases there is generally no filing fee with the notification itself, and the system accepts the submission electronically. eDEP gives you an instant confirmation and a transaction record, which is your proof of filing, and the typical processing step is the assignment of an RTN by the regional office.
By mail or in person (backup channel). You may mail or hand-deliver a completed paper BWSC-103 to the MassDEP regional office that covers the release town. Send it certified mail with return receipt so you have proof of the filing date, and keep a stamped copy. Processing is slower than eDEP because staff must enter the form by hand.
The written form is due within 60 days of the oral notification for 2-hour and 72-hour conditions, and within 120 days of knowledge for 120-day conditions. Whichever channel you use, save your confirmation, because the burden of proving you filed on time falls on you.
What Happens After You File
After MassDEP receives your BWSC-103, the agency assigns a Release Tracking Number that follows your case for its entire life. The RTN is how the state, your consultant, and future buyers find the file, so write it down and use it on every later form. Expect the number shortly after an eDEP submission and somewhat later for a mailed form.
Next, your release enters the MCP cleanup process. You generally must take Immediate Response Actions for urgent conditions and then assess the site, and many releases require a Licensed Site Professional to direct the work. The goal is reaching a Permanent or Temporary Solution, documented later on the BWSC-104 form.
A misconception is that filing the notice ends your duty. The notice only opens the case; the law then expects you to investigate and clean up the release on a set schedule, with deadlines that carry their own penalties. Ignoring those next steps is where many filers get into real trouble.
Mistakes to Avoid When Filling Out the Form
Each error below has a direct cost, so check your form against this list before you submit.
- Entering your mailing address instead of the release location, which routes the file to the wrong regional office.
- Leaving the “date you obtained knowledge” blank, which removes the anchor for your legal deadline.
- Guessing the release amount wildly, which can misclassify your threshold and the response that follows.
- Forgetting to check any notification threshold in Section C, which makes the agency unable to categorize your release.
- Omitting required affected-property-owner names in Section D, which renders the form incomplete.
- Putting the consultant instead of the responsible party in Section E, which misstates who holds the legal duty.
- Checking RP when an exemption applies in Section F, which can waive your liability protection.
- Checking multiple relationship boxes in Section F, which the form allows only as one choice and creates confusion.
- Using the 120-day version for an active 2-hour spill, which signals the wrong urgency to MassDEP.
- Leaving the Section G signature or date blank, which makes the form legally incomplete and returnable.
- Filing the written form but skipping the oral call for 2/72-hour conditions, which misses the urgent deadline entirely.
- Treating the perjury certification as boilerplate, which risks fines or imprisonment for false statements.
Do’s and Don’ts
Do: – Do call the 1-888-304-1133 line first for 2-hour and 72-hour conditions, because the oral notice protects your deadline. – Do use the eDEP GIS Location Finder, because it fills in accurate coordinates and prevents location errors. – Do check every threshold that applies in Section C, because the shortest deadline governs your case. – Do list the responsible party in Section E, because that is who the law holds accountable. – Do save your eDEP confirmation or certified-mail receipt, because you must be able to prove you filed on time. – Do keep your RTN handy, because every future cleanup form needs it.
Don’t: – Don’t wait to gather perfect data before the oral call, because the clock runs on knowledge, not on certainty. – Don’t enter a “doing business as” nickname in Section E, because MassDEP files the case under the legal name. – Don’t use a retraction to fix a typo, because retraction is only for conditions that are not reportable. – Don’t omit affected neighbors, because their names are a required attachment. – Don’t alter the form layout, because the form states Do Not Alter This Form. – Don’t assume the notice ends your duty, because cleanup obligations and deadlines follow.
Pros and Cons of Filing on Your Own vs. With Help
Some filers, especially homeowners with small heating-oil spills, complete the BWSC-103 themselves, while businesses and complex sites usually hire a Licensed Site Professional. The table weighs the trade-offs.
| Filing on Your Own | Filing With a Consultant or LSP |
|---|---|
| Saves money, because you avoid professional fees on a simple spill | Costs more, because LSP time is billed, but reduces risk on complex sites |
| Faster to start for a clear-cut homeowner oil release | Slower to engage, but the LSP catches threshold and classification errors |
| You control the timeline directly, with no scheduling around a firm | The LSP manages deadlines for you, lowering the chance of a missed step |
| Higher risk of misclassifying the threshold, which can misdirect cleanup | Accurate classification, because the LSP knows the MCP reporting rules cold |
| You bear full responsibility for a returned or incomplete form | The professional drafts to MassDEP standards, reducing returned forms |
Pros of filing on your own: lower cost, faster start, direct control, simpler for small spills, and a learning experience for routine cases. Cons of filing on your own: higher error risk, no expert review, full personal liability for mistakes, harder for complex releases, and easier to miss a follow-up deadline.
FAQs
Do I have to call MassDEP before I file the written BWSC-103? Yes. For 2-hour and 72-hour conditions you must call 1-888-304-1133 first, then file the written form within 60 days. The 120-day condition does not require an oral call.
Do I write the release address or my home address in Section A? Yes, write the release location. Section A asks for where the spill is, not your mailing address; an address mismatch routes your form to the wrong regional office.
Do I need a Release Tracking Number before I file? No. MassDEP assigns the RTN after you file. You only enter an RTN in Section A if the agency already gave you one for the same release.
Do I have to know the exact date the release happened? No. Section C requires the date you obtained knowledge; the actual release date is “if known,” because historical releases often have no certain start date.
Do I check more than one threshold in Section C? Yes, check every threshold that applies. A single event can be both a Sudden Release and a UST Release, and the shortest deadline then governs.
Do I list my consultant in Section E? No. Section E names the responsible party who must notify. The consultant or LSP goes in the Section D attachment, not the Section E notifier block.
Do I write the CAS number if I do not know it? No. The CAS number is “if known,” so leave it blank if you are unsure rather than guessing, but always name the substance and mark whether it is oil or hazardous material.
Do I have to name affected neighboring property owners? Yes, if the release affects property other than the filer’s, those owner names are a required Section D attachment, and omitting them makes the form incomplete.
Do I use the standard form or the 120-day version? No single answer fits all; use the standard 2/72-hour BWSC-103 for active spills, and the 120-day version only for 120-day conditions with no RTN yet.
Do I have to sign Section G myself? Yes, the person or entity in Section E must certify under the pains and penalties of perjury. A manager may sign for a company using the By and For lines.
Do I face penalties for filing late or not at all? Yes. Failing to notify can bring daily penalties under M.G.L. c. 21E, loss of liability protections, and enforcement action, which is far costlier than timely notice.
Do I have to file online through eDEP? No, but MassDEP strongly prefers it. eDEP gives instant proof of filing and fewer returned forms; mail and in-person delivery remain available as backups.
Do I check RP in Section F even if the spill was not my fault? Yes, if you are an owner or operator, you usually qualify as an RP or PRP regardless of fault, because Chapter 21E ties responsibility to your role, not blame.
Do I use a retraction to cancel a form with a typo? No. Retraction is only for conditions that turn out not to be reportable, and it requires supporting documentation under 310 CMR 40.0335.
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