reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0172 - Technical, Financial and Legal Inabilities

Current through Register 1525, July 5, 2024
(1)
General
				Requirements.
Each RP and PRP, and any Other Person when such
				person is performing response actions under
				310
				CMR 40.0000, who has reason to believe that
				one or more necessary response actions are beyond his or her technical,
				financial or legal ability to perform shall promptly notify the Department in
				writing upon gaining knowledge of such inability. Each RP and PRP shall
				complete those response actions and portions of response actions which are
				within his or her technical, financial and legal ability to perform. Each RP
				and PRP shall make reasonable efforts to pursue civil and administrative
				procedures available to remedy each such technical, financial or legal
				inability.
(2) No person may claim
				that any necessary response action is beyond his or her technical ability to
				perform unless he or she submits with such notice a Phase III Report prepared
				in accordance with
				310
				CMR 40.0850 which indicates that neither
				feasible Temporary Solutions, nor feasible Permanent Solutions, exist for the
				disposal site.
(3) Upon obtaining
				reason to believe that one or more response actions are beyond his or her
				financial ability to perform, an RP or PRP shall undertake, to the extent that
				he or she has sufficient assets available, reasonable steps to:
(a) implement one or more Temporary Solutions
				on all or portions of the site that will, at a minimum, prevent the exposure of
				persons to oil and/or hazardous materials and otherwise reduce the risks of
				harm posed by the disposal site to health, safety, public welfare and the
				environment;
(b) implement one or
				more Temporary Solutions that will contain the further release or threat of
				release of oil and/or hazardous material from a structure or container;
				and
(c) implement Immediate
				Response Actions to abate or prevent Imminent Hazards and/or to address a
				Condition of Substantial Release Migration.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0173 - Site Access Authorization

Current through Register 1525, July 5, 2024
(1) After
				making reasonable efforts to obtain reasonable access to any site or other
				location to be investigated as a possible site not owned by him or her, a RP,
				PRP or Other Person who is unable to obtain such access may request, in
				writing, that the Department authorize him or her, or his or her employees,
				agents, representatives or contractors, to enter such site or location for the
				purpose of performing one or more necessary response actions. Each such request
				for authorization shall include all of the following information:
(a) the identity of the person making the
				request and his or her relationship to the site or location;
(b) the nature and location of the response
				action(s) that he or she intends to undertake, the anticipated duration of the
				response action(s) and the reason(s) such access is necessary to perform the
				response action(s);
(c) the
				identity of the person or persons who own or operate the site or location to
				which the Department's authorization for access is sought;
(d) the results of any and all attempts to
				obtain such access; and
(e)
				certification that a copy of the request has been sent to each person or
				persons who own or operate such sites or locations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0180 - Downgradient Property Status

Current through Register 1525, July 5, 2024
310 CMR 40.0181 through
				  40.0189, cited collectively
				  as 310 CMR 40.0180, sets forth the requirements and procedures for asserting
				  and maintaining a Downgradient Property Status.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0181 - Purpose

Current through Register 1525, July 5, 2024
The purposes for enabling an owner or operator of property
				  which comprises a portion of a disposal site and which is located downgradient
				  of a property which is the source of the release of oil and/or hazardous
				  material located thereon to establish Downgradient Property Status are:
(1) to establish requirements, procedures and
				deadlines applicable to properties downgradient from a release of oil and/or
				hazardous material which comprise a portion of a disposal site;
(2) to limit the assessment of annual
				compliance assurance fees under
				310 CMR
				4.00 while the activities required by
				310
				CMR 40.0185 are on-going; and
(3) to facilitate access to properties which
				comprise a portion of a disposal site by persons undertaking response
				actions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0182 - Applicability

Current through Register 1525, July 5, 2024
Any person who is liable or potentially liable under M.G.L.
				  c. 21E, § 5(a)(1) or (2) for certain releases of oil and/or hazardous
				  material on Downgradient Property, and who satisfies the requirements and
				  procedures set forth in
				  310
				  CMR 40.0183 or
				  40.0187, may submit to the
				  Department a Downgradient Property Status Submittal in accordance with
				  310
				  CMR 40.0183(3), or a
				  Modification of a Downgradient Property Status Submittal in accordance with
				  310
				  CMR
				  40.0187(2).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0183 - General Requirements and Procedures for Asserting Downgradient Property Status

Current through Register 1525, July 5, 2024
(1)
General
. Any person who meets the requirements of, and
				complies with the procedures in, 310 CMR 40.0183 and
				40.0185 shall have
				Downgradient Property Status for purposes of
				310
				CMR 40.0184, unless and until such Status is
				terminated in accordance with
				310
				CMR 40.0186.
(2)
Criteria
. Any
				present or past owner or operator of a downgradient or downstream property
				where a release of oil and/or hazardous material has come to be located may
				provide a Downgradient Property Status Submittal to the Department if all of
				the following are met:
(a) such person has
				notified the Department of the release if notification is required by
				310
				CMR 40.0300;
(b) the source of the release of oil and/or
				hazardous material at the downgradient or downstream property is or was located
				on one or more upgradient or upstream location(s) and oil and/or hazardous
				material from that location(s) has come to be located at the downgradient or
				downstream property as a result of migration of the oil and/or hazardous
				material in or on groundwater or surface water, regardless of whether the
				upgradient or upstream location(s) which is the source has been identified as
				the source of the release(s);
(c)
				no act of such person has contributed to the release described in 310 CMR
				40.0183(2)(b), or caused such release to become worse than it otherwise would
				have been;
(d) such person is not,
				and was not at any time, affiliated with any other person:
1. who owned or operated the property from
				which the release described in 310 CMR 40.0183(2)(b) originated, or caused such
				release; and
2. who is potentially
				liable under M.G.L. c. 21E for the disposal site through any direct or indirect
				contractual, corporate or financial relationship other than:
a. that established by any instrument
				creating such person's interest in the downgradient property; or
b. that established by an instrument wholly
				unrelated to the disposal site and which would not otherwise render such person
				potentially liable as a result of the relationship; and
(e) to the extent such person has
				performed response actions at the disposal site, those response actions have
				been performed in compliance with the requirements and procedures in M.G.L. c.
				21E and
				310
				CMR 40.0000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0185 - Maintenance of Downgradient Property Status

Current through Register 1525, July 5, 2024
(1) Each person providing a Downgradient
				Property Status Submittal, or a Modification of a Downgradient Property Status
				Submittal, to the Department shall meet the following requirements to maintain
				such Downgradient Property Status:
(a) no act
				of such person causes the release, contributes to the release, or causes such
				release to become worse than it otherwise would be;
(b) to the extent that such person has
				ownership or possession of the downgradient property, such person provides
				reasonable access to the downgradient property which is the subject of the
				Downgradient Property Status Submittal to employees, agents, and contractors of
				the Department and to other persons conducting response actions;
(c) such person takes reasonable steps at the
				downgradient property that is subject to the Submittal to:
1. eliminate or prevent an Imminent Hazard by
				conducting an Immediate Response Action; and
2. prevent the exposure of human and
				environmental receptors to oil and/or hazardous material;
(d) if such person elects to undertake
				response actions after providing the Submittal to the Department, conducts such
				response actions in compliance with M.G.L. c. 21E, and
				310
				CMR 40.0000;
(e) such person makes reasonable efforts to
				identify persons who may be responsible or potentially responsible for the
				release and provides the notice required by
				310
				CMR 40.0183(5)  to such
				persons; and
(f) such person does
				not unreasonably impede or interfere with the implementation of current or
				likely response actions or the restoration of natural resources by any
				person.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0186 - Termination of Downgradient Property Status

Current through Register 1525, July 5, 2024
(1) Downgradient Property Status shall
				terminate if:
(a) information indicates that
				the criteria in
				310
				CMR 40.0183(2)  are no
				longer being met;
(b) the person
				providing the Downgradient Property Status Submittal fails to meet the
				requirements in
				310
				CMR 40.0185 for maintaining such
				Status;
(c) the person providing
				the Downgradient Property Status Submittal notifies the Department in writing
				that such person intends to perform Comprehensive Response Actions in
				accordance with
				310
				CMR 40.0800;
(d) the Department establishes Interim
				Deadlines in accordance with
				310
				CMR 40.0167 for the person providing the
				Downgradient Property Status Submittal; or
(e) the Downgradient Property Status
				Submittal or Modification of a Downgradient Property Status Submittal is
				modified to terminate Downgradient Property Status.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0187 - Modification of a Downgradient Property Status Submittal

Current through Register 1525, July 5, 2024
(1)
General
. Any
				present or past owner or operator of a downgradient property with Downgradient
				Property Status may provide a Modification of a Downgradient Property Status
				Submittal to the Department if all of the following are met:
(a) the criteria specified in
				310
				CMR 40.0183(2);
(b) if a Modification of a Downgradient
				Property Status Submittal has not previously been submitted to the Department,
				the person seeking such Status obtains the written consent thereto of the
				person who previously submitted the Downgradient Property Status Submittal for
				the subject property; and
(c) if a
				Modification of a Downgradient Property Status Submittal has previously been
				submitted to the Department, the person seeking such Status obtains the written
				consent thereto of the person who most recently submitted a Modification of a
				Downgradient Property Status Submittal for the subject property.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0190 - General Requirements for Conducting Response Actions

Current through Register 1525, July 5, 2024
(1) For each release or threat of release of
				oil and/or hazardous materials at a disposal site, one or more Permanent
				Solutions to the extent feasible shall be implemented by the applicable
				deadline to achieve a level of No Significant Risk. No disposal site shall be
				deemed to have had all the necessary and required response actions taken for
				such site unless and until a level of No Significant Risk exists or has been
				achieved in compliance with M.G.L. c. 21E and
				310
				CMR 40.0000.
(2) Permanent Solutions shall be implemented
				if:
(a) a level of No Significant Risk does
				not yet exist at the disposal site;
(b) Permanent Solutions are feasible;
				and
(c) immediate implementation of
				one or more Permanent Solutions would be more cost-effective than phased
				implementation of Temporary Solutions and Permanent Solutions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0191 - Response Action Performance Standard (RAPS)

Current through Register 1525, July 5, 2024
(1) The Response Action Performance Standard
				(RAPS) is the level of diligence reasonably necessary to obtain the quantity
				and quality of information adequate to assess a site and evaluate remedial
				action alternatives, and to design and implement specific remedial actions at a
				disposal site to achieve a level of No Significant Risk for any foreseeable
				period of time, as defined at
				310
				CMR 40.1005, and where feasible, to reduce to
				the extent possible the level of oil and/or hazardous materials in the
				environment to background levels.
(2) RAPS shall be employed during the
				performance of all response actions conducted pursuant to
				310
				CMR 40.0000, and shall include, without
				limitation, the following:
(a) consideration
				of relevant policies and guidelines issued by the Department, EOEEA and
				EPA;
(b) use of accurate and
				up-to-date methods, models, standards and practices, equipment and technologies
				which are appropriate, available and generally accepted by the professional and
				trade communities conducting response actions in accordance with M.G.L. c. 21E,
				and 310 CMR 40.0000 under similar
				circumstances; and
(c)
				investigative practices which are scientifically defensible, and of a level of
				precision and accuracy commensurate with the intended use of the results of
				such investigations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0193 - Technical Justification

Current through Register 1525, July 5, 2024
(1) A
				Licensed Site Professional may provide technical justification for forgoing any
				specific activity required by
				310
				CMR 40.0000, related to Initial Site
				Investigation Activities performed in accordance with
				310
				CMR 40.0405(1), Phase I
				Initial Site Investigation Activities performed in accordance with
				310
				CMR 40.0480 through
				310
				CMR 40.0483, Phase II Comprehensive Site
				Investigation Activities performed in accordance with
				310
				CMR 40.0830, and Phase III Identification and
				Evaluation of Response Action Alternatives performed in accordance with
				310
				CMR 40.0850 through
				310
				CMR 40.0860, if in his or her professional
				judgment any particular requirement is unnecessary or inappropriate based upon
				the conditions and characteristics of a disposal site. The LSP shall employ
				RAPS in determining whether any such activity is unnecessary or
				inappropriate.
(2) When forgoing
				any particular activity in accordance with 310 CMR 40.0193(1), the LSP shall
				identify such activity, and shall set forth the basis for such technical
				justification, in the pertinent submittal.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0300 - Notification of Releases and Threats of Release of Oil and Hazardous Material; Identification and Listing of Oil and Hazardous Material

Current through Register 1525, July 5, 2024
310 CMR 40.0301 through
				  40.0399, cited collectively
				  as 310 CMR 40.0300, contain requirements and procedures for notifying the
				  Department of releases and threats of release of oil and/or hazardous
				  material.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0301 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1) The purpose of
				310
				CMR 40.0300 is to identify oil and hazardous
				material which are subject to the provisions of this Contingency Plan, to
				identify those releases and threats of release of such oil and hazardous
				material that require notification to the Department, to set forth the time
				periods and procedures for notification, and to set forth provisions to allow
				limited removal of such oil and hazardous material under certain
				circumstances.
(2) Nothing in
				310
				CMR 40.0300 shall relieve any person
				described in M.G.L. c. 21E, § 5(a)(1) through (5) from any liability which
				that person would otherwise possess in connection with a release or threat of
				release of any oil or hazardous material that is listed at
				310
				CMR 40.1600, identified by characteristic in
				310
				CMR 40.0347 or otherwise meets either the
				definition of oil or the definition of hazardous material, which are set forth
				in 310 CMR 40.0006.
(3) The Department may take response actions,
				seek any reimbursement or compensation to which the Commonwealth is entitled,
				and/or pursue enforcement actions in connection with any release or threat of
				release of oil and/or hazardous material, provided, however, that the
				Department shall not seek penalties for failure to provide notification to the
				Department of any release or threat of release:
(a) unless notification is required pursuant
				to the provisions of
				310
				CMR 40.0300, or
(b) for which notification is exempted
				pursuant to the provisions of
				310
				CMR 40.0317.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0302 - Applicability

Current through Register 1525, July 5, 2024
(1) The provisions
				of 310 CMR 40.0300 shall apply
				to all releases and threats of release of oil and/or hazardous material to the
				environment, except as set forth in 310 CMR 40.0302(2).
(2) The notification requirements set forth
				in 310 CMR 40.0300 shall only
				apply to:
(a) releases and threats of release
				that commence on or after October 1, 1993; and
(b) releases and threats of release of which
				knowledge is possessed or obtained on or after October 1, 1993, by any person
				listed at
				310
				CMR 40.0331.
Notwithstanding any other provision hereof, the applicable "2
				  Hour", "72 Hour" and "120 Day" notification time periods which arise solely as
				  a result of
				  310
				  CMR 40.0300 shall commence no earlier than
				  October 1, 1993.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0303 - Role of Licensed Site Professional

Current through Register 1525, July 5, 2024
Persons required to provide oral and/or written notification
				  to the Department of releases and threats of release of oil and/or hazardous
				  material to the environment pursuant to the provisions of
				  310
				  CMR 40.0300 may wish to retain the services
				  of competent individuals, time permitting, or as circumstances require, to
				  investigate, evaluate, and/or otherwise facilitate the fulfillment of that
				  requirement, but shall not be obligated to use a Licensed Site Professional for
				  that purpose.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0310 - Releases and Threats of Release Which Require Notification

Current through Register 1525, July 5, 2024
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0311 - Releases Which Require Notification Within Two Hours

Current through Register 1525, July 5, 2024
Except as provided in
				  310
				  CMR 40.0317 or
				  40.0332(1) or
				  (7), persons required to notify under
				  310
				  CMR 40.0331 shall notify the Department as
				  soon as possible but not more than two hours after obtaining knowledge that a
				  release meets one or more of the following sets of criteria:
(1) a sudden, continuous or intermittent
				release to the environment of any hazardous material that is listed at
				310
				CMR 40.1600 or that exhibits one or more of
				the characteristics described in
				310
				CMR 40.0347, when:
(a) the quantity of the release is equal to
				or greater than the applicable Reportable Quantity specified at
				310
				CMR 40.0352 or
				40.1600; and
(b) it is likely that the release occurred
				within any period of 24 consecutive hours or less;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0312 - Threats of Release Which Require Notification Within Two Hours

Current through Register 1525, July 5, 2024
Except as provided in
				  310
				  CMR 40.0317 or
				  40.0332(1) or
				  (7), persons required to notify under
				  310
				  CMR 40.0331 shall notify the Department as
				  soon as possible but not more than two hours after obtaining knowledge that a
				  threat of release meets one or more of the following sets of criteria:
(1) a threat of release to the environment of
				oil and/or hazardous material that is listed at
				310
				CMR 40.1600 or that exhibits one or more of
				the characteristics described in
				310
				CMR 40.0347, when:
(a) it is likely that the release threatened
				is about to occur, including but not limited to the presence of oil or waste
				oil in the bilge of a vessel that does not have a properly functioning on-board
				oil/water separator; and
(b) it is
				likely that the quantity of the release, if it occurred, would be equal to or
				greater than the applicable Reportable Quantity specified at
				310
				CMR 40.0351,
				40.0352 or
				40.1600; or
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0313 - Releases Which Require Notification within 72 Hours

Current through Register 1525, July 5, 2024
Except as provided in
				  310
				  CMR 40.0317 or
				  40.0332(7),
				  persons required to notify under
				  310
				  CMR 40.0331 shall notify the Department not
				  more than 72 hours after obtaining knowledge that a release of oil and/or
				  hazardous material(s) meets one or more of the following sets of
				  criteria:
(1) a release to the
				environment indicated by the presence of Nonaqueous Phase Liquid (NAPL) in a
				groundwater monitoring well, excavation, or subsurface structure in which NAPL
				has come to be located at a measured thickness equal to or greater than C2 inch
				(0.04 feet) at any location;
(2) a
				release to the environment indicated by the presence of oil and/or hazardous
				material within ten feet of the exterior wall of an Underground Storage Tank or
				within ten feet of ancillary piping, as established by measurement of equal to
				or greater than 100 parts-per-million (ppm) by volume of total organic vapors
				"as benzene" in the headspace of a soil or groundwater sample using a headspace
				screening method, and where such sample was obtained:
(a) greater than two feet below the ground
				surface; and
(b) as part of a
				closure assessment required pursuant to
				310 CMR
				80.00:
Underground Storage Tank
				Systems
and 40 CFR Parts 280 and 281, or in connection with the
				removal or closure of any underground storage tank otherwise regulated by
				M.G.L. c. 21O or M.G.L. c. 148;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0314 - Threats of Release Which Require Notification within 72 Hours

Current through Register 1525, July 5, 2024
Except as provided in
				  310
				  CMR 40.0317, persons required to notify under
				  310
				  CMR 40.0331 shall notify the Department not
				  more than 72 hours after obtaining knowledge of a threat of release of oil
				  and/or hazardous material to the environment from an Underground Storage Tank,
				  as established by a tightness test failure pursuant to
				  310
				  CMR 80.32:
Requirements for Tank and
				  Pipe/Line Tightness Testing
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0315 - Releases Which Require Notification within 120 Days

Current through Register 1525, July 5, 2024
Except as provided in
				  310
				  CMR 40.0317 or
				  310
				  CMR 40.0318, persons required to notify under
				  310
				  CMR 40.0331 shall notify the Department not
				  more than 120 days after obtaining knowledge that a release meets one or more
				  of the following sets of criteria:
(1)
				a release to the environment indicated by the measurement of one or more
				hazardous materials in soil or groundwater in an amount equal to or greater
				than the applicable Reportable Concentration described in
				310
				CMR 40.0360 through
				310
				CMR 40.0369 and listed at
				310
				CMR 40.1600;
(2) a release to the environment indicated by
				the measurement of oil and/or waste oil in soil in an amount equal to or
				greater than the applicable Reportable Concentration described in
				310
				CMR 40.0360 through
				310
				CMR 40.0369 and listed at
				310
				CMR 40.1600, where the total contiguous
				volume of the oil and/or waste oil contaminated soil is equal to or greater
				than two cubic yards;
(3) a release
				to the environment indicated by the measurement of oil in groundwater in an
				amount equal to or greater than the applicable Reportable Concentration
				described in
				310
				CMR 40.0360 through
				310
				CMR 40.0369 and listed at
				310
				CMR 40.01600; or
(4) a release to the environment indicated by
				the presence of a subsurface Nonaqueous Phase Liquid (NAPL) in a groundwater
				monitoring well, excavation, or other subsurface structure in which NAPL has
				come to be located at a measured thickness equal to or greater than 1/8 inch
				(0.01 feet), except where notification is otherwise required and has been made
				pursuant to
				310
				CMR 40.0313(1)  or
				310
				CMR 40.0313(4)(f).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0317 - Releases and Threats of Release Which Do Not Require Notification

Current through Register 1525, July 5, 2024
Notwithstanding the provisions of
				  310
				  CMR 40.0311 through
				  310
				  CMR 40.0315, the following releases and
				  threats of release of oil and/or hazardous material are exempt from the
				  notification requirements set forth in
				  310
				  CMR 40.0300:
(1) releases of oil that occur during normal
				handling and transfer operations at an oil facility captured by a properly
				functioning oil/water separator; provided however, that releases of oil that
				exceed the capacity of the oil/water separator and releases of oil from the
				oil/water separator itself which are in excess of its discharge permit limits
				or in a quantity equal to or greater than the Reportable Quantity shall be
				subject to the notification requirements set forth in
				310
				CMR 40.0300;
(2) releases or threats of release of
				gasoline or diesel fuel that result from the rupture of the fuel tank of a
				passenger vehicle as a result of an accident involving that vehicle;
(3) releases of oil and/or hazardous material
				that are discharged or emitted from an outfall, stack or other point source, or
				as fugitive emissions, any of which are regulated under and have received a
				valid permit, license, or approval, or which are operating under a valid
				registration, order or guideline issued under a federal or state statute or
				regulation, unless the release:
(a) exceeds
				the amount allowed by the permit, license, approval, registration, order or
				guideline; and
(b) represents an
				Imminent Hazard to health, safety, public welfare or the environment. This
				provision shall not relieve any person from any other duty to notify which may
				exist under any other statute or regulation, nor shall it in any way limit the
				authority of any other agency, political subdivision or authority of the
				federal or state government or of any office or division of the Department to
				enforce or otherwise carry out the duties assigned to it by law;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0318 - Limited Removal Actions

Current through Register 1525, July 5, 2024
(1) Limited Removal
				Actions may be undertaken by RPs, PRPs or Other Persons prior to notification
				to the Department of those "120-day Notification" releases described in
				310
				CMR 40.0315.
(2) Limited Removal Actions shall not be
				initiated or continued:
(a) after obtaining
				knowledge that a release or threat of release requires notification under the
				two-hour or 72-hour notification provisions of
				310
				CMR 40.0311 through
				310
				CMR 40.0314, whether or not notification has
				been made to the Department; or
(b)
				following notification to the Department by any person listed at
				310
				CMR 40.0331 of any release or threat of
				release of oil and/or hazardous material at the disposal site which requires
				notification under
				310
				CMR 40.0315.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0320 - Releases and Threats of Release That Pose Imminent Hazards

Current through Register 1525, July 5, 2024
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0321 - Reporting of Releases and Threats of Release That Pose or Could Pose an Imminent Hazard

Current through Register 1525, July 5, 2024
(1) For the purpose
				of fulfilling the "Two Hour" release notification obligations of
				310
				CMR 40.0311(7), the
				following releases shall be deemed to pose an Imminent Hazard to health,
				safety, public welfare and/or the environment:
(a) a release to the environment which
				results in the presence of oil and/or hazardous material vapors within
				buildings, structures, or underground utility conduits at a concentration equal
				to or greater than 10% of the Lower Explosive Limit;
(b) a release to the environment of reactive
				or explosive hazardous material, as described in
				310
				CMR 40.0347, which threatens human health or
				safety;
(c) a release to a roadway
				that endangers public safety;
(d) a
				release to the environment of oil and/or hazardous material which poses a
				significant risk to human health when present for even a short period of time,
				as specified in
				310
				CMR 40.0950;
(e) a release to the environment of oil
				and/or hazardous material which produces immediate or acute adverse impacts to
				freshwater or saltwater fish populations; or
(f) a release to the environment which
				produces readily apparent effects to human health, including respiratory
				distress or dermal irritation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0322 - Response Actions to Prevent or Abate Imminent Hazards

Current through Register 1525, July 5, 2024
(1) An Immediate Response Action, as
				described in
				310
				CMR 40.0400, shall be taken to prevent,
				eliminate, or abate all Imminent Hazards.
(2) Immediate Response Actions shall not be
				delayed or deferred at sites where continued inaction would likely result in
				the development of an Imminent Hazard condition.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0330 - Notification Requirements and Procedures

Current through Register 1525, July 5, 2024
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0331 - Who Shall Notify

Current through Register 1525, July 5, 2024
(1) The following
				persons shall notify the Department in accordance with
				310
				CMR 40.0300 of a release or threat of release
				of oil or hazardous material:
(a) the owner
				or operator of a vessel or a site from or at which there is or has been a
				release or threat of release of oil and/or hazardous material;
(b) any person who at the time of storage or
				disposal of any hazardous material owned or operated any site at or upon which
				such hazardous material was stored or disposed of and from which there is or
				has been a release or threat of release of hazardous material;
(c) any person who by contract, agreement, or
				otherwise, directly or indirectly, arranged for the transport, disposal,
				storage or treatment of hazardous material to or in a site or vessel from or at
				which there is or has been a release or threat of release of hazardous
				material;
(d) any person who,
				directly or indirectly, transported any hazardous material to transport,
				disposal, storage or treatment vessels or sites from or at which there is or
				has been a release or threat of release of such material;
(e) any person who otherwise caused or is
				legally responsible for a release or threat of release of oil and/or hazardous
				material from a site or vessel;
(f)
				any fiduciary who holds title to or possession of a site or vessel from or at
				which there is or has been a release or threat of release of oil and/or
				hazardous material;
(g) any secured
				lender who holds title to or possession of a site or vessel from or at which
				there is or has been a release or threat of release of oil and/or hazardous
				material;
(h) any agency of the
				Commonwealth or any public utility company that owns a right of way that is a
				site from or at which there is or has been a release or threat of release of
				oil and/or hazardous material; and
(i) any person otherwise required to notify
				the Department of a release or threat of release pursuant to M.G.L. c.
				21E.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0332 - Timing of Notifications

Current through Register 1525, July 5, 2024
(1)
Two Hour Notifications.
Notification to the Department
				of any release or threat of release specified in
				310
				CMR 40.0311 and
				40.0312 shall be made as soon
				as possible but not more than two hours after obtaining knowledge that the
				release or threat of release meets one or more of the sets of notification
				criteria, unless the person responsible for notifying establishes, by a
				preponderance of the evidence, that extenuating circumstances prevented
				notification within said two hour time period. In that event, notification to
				the Department shall be made as soon as possible thereafter, taking into
				account the extenuating circumstances. Extenuating circumstances shall include,
				without limitation, the following:
(a) a lack
				of reasonably available communication equipment at the site of the release or
				threat of release;
(b) a need to
				take actions prior to notification in order to mitigate or prevent an Imminent
				Hazard and/or threat to public safety; and/or
(c) a physical injury to the person
				responsible for notifying caused by or associated with the release or threat of
				release, when the injury reasonably prevents that person from
				notifying.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0333 - How to Notify

Current through Register 1525, July 5, 2024
(1)
Two
				Hour and Seventy-Two Hour Notifications.
Persons described in
				310
				CMR 40.0331(l)  shall:
(a) notify the Department of a release or
				threat of release specified in
				310
				CMR 40.0311 through
				40.0314, by calling a
				telephone number published by the Department and designated for that purpose
				and orally providing to the Department the information specified in
				310
				CMR 40.0334; and
(b) within 60 days thereafter, submit a
				completed Release Notification Form, as described in
				310
				CMR 40.0371, to the Department office located
				in the DEP region in which the release or threat of release occurred. Where
				appropriate, the Release Notification Form may be accompanied by a Permanent or
				Temporary Solution Statement, as described in
				310
				CMR 40.1000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0334 - Content of the Notification

Current through Register 1525, July 5, 2024
Oral notification to the Department pursuant to
				  310
				  CMR 40.0333(1)(a)  shall
				  consist of the following information to the extent known to the person
				  responsible for providing the notification:
(a) the name and telephone number of the
				caller;
(b) the location of the
				release or threat of release, including, where applicable:
1. the address [street name and number, city
				or town, and zip code]; and
2. a
				narrative description of the location (
e.g
., location aid such
				as mile marker, business type/name);
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0335 - Retracting a Notification

Current through Register 1525, July 5, 2024
(1) A
				notification of a release or threat of release of oil and/or hazardous material
				made by a person described in
				310
				CMR 40.0331(1)  may be
				retracted in those cases where additional information obtained subsequent to
				such notification substantiates that:
(a) in
				the case of a reported release, no release actually occurred;
(b) in the case of a reported threat of
				release, conditions posing a threat of release did not actually exist;
				or
(c) the subject release or
				threat of release did not meet one or more of the sets of notification criteria
				specified in
				310
				CMR 40.0300. Retractions of this nature shall
				only be made by the person described at
				310
				CMR 40.0331(1)  who
				originally provided notification to the Department of such release or threat of
				release, or, in cases where notification was made on behalf of a corporate
				entity, by another authorized employee or agent of that corporation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0336 - Notification Requirements for Persons That Receive a Notice of Responsibility

Current through Register 1525, July 5, 2024
(1) Except
				as provided in 310 CMR 40.0336(2), persons who have not previously notified the
				Department of a release or threat of release in accordance with
				310
				CMR 40.0300, and who receive a Notice of
				Responsibility from the Department requiring submittal of a Release
				Notification Form for a release or threat of release, shall submit such Release
				Notification Form to the appropriate Department Regional Office within 60 days
				of receipt of such Notice of Responsibility.
(2) Within 60 days of receipt of a Notice of
				Responsibility pursuant to 310 CMR 40.0336(1), if the recipient of the NOR
				wishes to assert any of the conditions listed at 310 CMR 40.0336(2)(a) through
				(d), such person shall provide the Department with a written notice and
				relevant documentation that supports such assertion.
(a) The recipient is not a person described
				at 310 CMR
				40.0331(1).
(b) A release of oil or hazardous material
				did not actually occur.
(c)
				Conditions posing a threat or release did not actually occur.
(d) A release or threat of release which did
				occur did not meet one or more sets of notification criteria set forth in
				310
				CMR 40.0300.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0340 - Identification of Oil and Hazardous Material

Current through Register 1525, July 5, 2024
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0341 - Purpose and Scope

Current through Register 1525, July 5, 2024
310 CMR 40.0340 through
				  310
				  CMR 40.0347, cited collectively as
				  310
				  CMR 40.0340:
(1) identify and otherwise describe those
				oils and hazardous materials which are subject to
				310
				CMR 40.0000;
(2) set forth the criteria used by the
				Department to list certain oils and hazardous materials at
				310
				CMR 40.1600 and to identify the
				characteristics of unlisted hazardous materials as set forth in
				310
				CMR 40.0347; and
(3) set forth the procedures for adding and
				deleting oil or hazardous material to or from
				310
				CMR 40.1600.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL › Section 40.0342 - Methods of Identification of Oil and Hazardous Material

Current through Register 1525, July 5, 2024
(1) The Department employs three methods to
				identify or otherwise describe those oils and hazardous materials which are
				subject to M.G.L. c. 21E, and
				310
				CMR 40.0000. These methods are:
(a) identification of those substances which
				meet the definitions of oil or hazardous material set forth in
				310
				CMR 40.0006;
(b) listing of specific oils and hazardous
				materials; and
(c) identification
				of the characteristics of a material which make it hazardous.