Last week the Press learned about three hazardous waste spills that took place at Evergreen Solar at Devens. The latest—a spill of a 30-percent hydrogen peroxide solution—took place in March. According to published reports, officials at the company said that the spill had been contained and that no further action was necessary.

The Press questioned officials at Devens and Evergreen Solar, as well as Harvard officials, to understand how Harvard officials and residents are notified when hazardous spills occur at Devens.

Companies like Evergreen Solar are required to notify the federal Environmental Protection Agency and the Massachusetts Department of Environmental Protection (MassDEP) about incidents on their sites that involve hazardous materials. They also must notify the Devens Fire Department, their designated first responder, and the Devens Enterprise Commission (DEC). Beyond these legally-mandated contacts, Evergreen Solar also maintains a local contact list, according to company representative Chris Lawson. The town of Ayer has requested that several boards and organizations be put on Evergreen Solar’s notification list, including the Fire Department, Board of Health, Water Commission, and the Department of Public Works. Harvard officials have not been notified previously, but officials are determined to ensure they will be in the future.

Harvard Fire Chief Bob Mignard and Board of Health Chairman Tom Philippou said they had not been contacted about the incidents at Evergreen Solar, but they will be contacting the Devens Enterprise Commission to become part of the notification process.

Harvard Town Administrator Tim Bragan said, “There ought to be some sort of communication to town officials saying how it [a hazardous material incident] affects us, whether we need to do something or not, whether it has environmental impact, for example at the Oxbow or the Nashua River. Then it’s up to the town to do due diligence to make sure that residents are notified if necessary.”

According to the Devens zoning bylaws, DEC acts on the state’s behalf as the board of health for Devens. When, in the course of doing business, health or safety problems arise, DEC is a primary point of contact. The hazardous waste incidents at Evergreen Solar are examples of events that Harvard citizens whose residences border the company might need to know about and for which communications protocols are only now emerging.

The general rule followed by first responders to a hazardous materials incident is to notify MassDEP, which notifies any municipal officials who might require information about the incident. Fire departments and boards of health in Harvard, Ayer, and Shirley are on MassDEP’s notification list, according to a representative of MassDEP’s Oil and Hazardous Materials Emergency Response Program.

Because Devens has its own fire department, public works, and other services, it has remained, until recently, self-contained. But now that companies like Evergreen Solar and Bristol-Meyers Squibb have begun operations there, the need for communications between Devens boards and departments and the three towns that comprise the property has become more important.

Peter Lowitt, land use administrator/director at DEC, said the commission plans to develop a notification protocol with towns that could be affected by incidents at Devens. Lowitt said that at “the end of May or the beginning of June, DEC plans to hold a one-time walk-through” for town officials in order to develop a communication protocol. This protocol will outline boards or departments in the towns that should be contacted. He said that “if Harvard is interested, they can participate.”