reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0446 - Release Abatement Measure Completion Report

Current through Register 1525, July 5, 2024
(1) A Release Abatement Measure Completion
				Report shall be submitted to the Department no later than 60 days following the
				completion of those remedial actions proposed in the Release Abatement Measure
				Plan and/or approved by the Department pursuant to
				310
				CMR 40.0443.
(2) A Release Abatement Measure shall be
				considered complete when the objectives of the Release Abatement Measure Plan
				have been met, and when all active and ongoing remedial actions related to the
				Release Abatement Measure have been terminated.
(3) Unless otherwise specified in writing by
				the Department, a Release Abatement Measure Completion Report shall not be
				required for sites where a Permanent Solution Statement, as described in
				310
				CMR 40.1000, is submitted to the Department
				within 120 days following receipt by the Department of the complete initial
				Release Abatement Measure Plan to conduct the Release Abatement Measure or, in
				the case of a Release Abatement Measure conducted at a site already subject to
				a Permanent Solution Statement in accordance with
				310
				CMR 40.1067, a revised Permanent Solution
				Statement is submitted.
(4) A
				Release Abatement Measure Completion Report shall contain, at a minimum, the
				following:
(a) a description of the release or
				threat of release, site conditions, and surrounding receptors;
(b) a description of the Release Abatement
				Measure completed at the disposal site, including work undertaken in response
				to any conditions of approval imposed by the Department;
(c) all investigatory and monitoring data
				obtained during the implementation of the Release Abatement Measure;
(d) a succinct statement of findings and
				conclusions resulting from implementation of the Release Abatement Measure,
				including a statement as to whether the objectives of the Release Abatement
				Measure have been met;
(e) details
				and documentation on the management of any Remediation Waste, Remedial
				Wastewater and/or Remedial Additives managed at the site as part of the Release
				Abatement Measure; and
(f) a
				description of any ongoing activities related to the Release Abatement Measure
				that will be conducted at the disposal site, including monitoring activities,
				and the maintenance of fences, caps and other passive systems.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0447 - Public Involvement

Current through Register 1525, July 5, 2024
(1) Public
				Involvement Activities shall be conducted in accordance with
				310
				CMR 40.1400 through
				40.1406. Public Involvement
				Activities required for Release Abatement Measures specifically include
				310
				CMR 40.1403(3)(d), and may
				include, without limitation, those activities set forth at
				40.1403(3)(f).
(2) If the disposal
				site where the Release Abatement Measure was conducted is a designated Public
				Involvement Priority site, then a Public Involvement Plan consistent with
				310
				CMR 40.1405 shall be implemented by the RP,
				PRP or Other Person conducting response actions at that site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0448 - Possible Outcomes of a Release Abatement Measure

Current through Register 1525, July 5, 2024
One of the following actions shall be taken by an RP, PRP, or
				  Other person following the completion of a Release Abatement Measure:
(1) the filing of a Permanent Solution
				Statement, in accordance with the provisions of
				310
				CMR 40.1000; or
(2) the continuation of further Preliminary
				or Comprehensive Response Actions, in accordance with the provisions of
				310
				CMR 40.0400 or
				40.0800.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0460 - Utility-related Abatement Measures

Current through Register 1525, July 5, 2024
310 CMR 40.0461 through
				  40.0469, cited collectively
				  as 310 CMR 40.0460, set forth requirements and procedures to conduct
				  Utility-related Abatement Measures.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0461 - General Provisions for Utility-related Abatement Measures

Current through Register 1525, July 5, 2024
(1) Except as
				provided in 310 CMR 40.0461(3), Utility-related Abatement Measures may be taken
				at sites where oil and/or hazardous material is present in the soil or
				groundwater at levels equal to or greater than an applicable Reportable
				Concentration value listed at
				310
				CMR 40.0360 and
				40.1600, by:
(a) persons overseeing or directly
				responsible for utility construction activities; or
(b) persons overseeing or directly
				responsible for site preparation work requested or required by a Public or
				Private Utility company or Public Authority prior to any utility construction
				activity.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0462 - Conducting Utility-related Abatement Measures

Current through Register 1525, July 5, 2024
(1) Except as provided in 310 CMR 40.0462(3),
				Utility-related Abatement Measures shall not be undertaken by a person
				performing construction activities until after that person has notified the
				Department orally of:
(a) any release or
				threat of release of oil and/or hazardous material at the construction site for
				which notification to the Department by any person is required under the
				provisions of
				310
				CMR 40.0315;
(b) their intentions to conduct a
				Utility-related Abatement Measure in compliance with all applicable
				requirements of
				310
				CMR 40.0460; and
(c) the name and license number of the
				Licensed Site Professional who has been engaged or employed by the person
				conducting the Utility-related Abatement Measure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0463 - Approvals Required to Conduct Utility-related Abatement Measures

Current through Register 1525, July 5, 2024
(1) Utility-related
				Abatement Measures conducted in conformance with all applicable provisions of
				310
				CMR 40.0460 shall not require approval from
				the Department under the provisions of
				310
				CMR 40.0400. Persons conducting
				Utility-related Abatement Measures shall comply with all other applicable
				federal, state and local laws, ordinances, regulations, rules and
				bylaws.
(2) Notwithstanding 310 CMR
				40.0463(1), the Department shall have the right to prohibit any person from
				undertaking any Utility-related Abatement Measure, or to approve such measures
				subject to such conditions as the Department deems necessary, in order to
				protect and preserve health, safety, public welfare and/or the environment,
				based upon site specific circumstances and conditions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0464 - Performance Standards for Utility-related Abatement Measures

Current through Register 1525, July 5, 2024
The following performance standards shall be met for all
				  Utility-related Abatement Measures:
(1) contamination at the disposal site shall
				not be exacerbated as a result of Utility-related Abatement Measures or as a
				result of structures placed within an area of identified
				contamination;
(2) construction
				workers, surrounding human populations, and environmental receptors shall be
				reasonably protected from exposure to oil and/or hazardous material during and
				following construction activities; and
(3) contaminated soil, contaminated
				groundwater, and other Remediation Wastes removed from the disposal site and
				construction area shall be managed in compliance with the provisions of
				310
				CMR 40.0030 and all applicable federal, state
				and local laws.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0465 - Utility-related Abatement Measures Status and Remedial Monitoring Reports

Current through Register 1525, July 5, 2024
(1) Persons
				conducting Utility-related Abatement Measures shall submit a Status Report to
				the Department 120 days following notification to the Department of their
				intentions to conduct a Utility-related Abatement Measure pursuant to
				310
				CMR 40.0462(1)(b), and every
				six months thereafter, until a Utility-related Abatement Measure Completion
				Report is submitted to the Department in accordance with
				310
				CMR 40.0466. Each Status Report shall
				document Utility-related Abatement Measure activities occurring over the period
				of time since the previously submitted Status Report.
(2) Utility-related Abatement Measure Status
				Reports shall contain, at a minimum, the following information:
(a) the status of response
				operations;
(b) any significant new
				site information or data;
(c)
				details of and/or plans for the management of Remediation Waste, Remedial
				Wastewater and/or Remedial Additives;
(d) any other information required by the
				Department pursuant to any condition that the Department imposes on the right
				to conduct Utility-related Abatement Measures, pursuant to
				310
				CMR 40.0463(2);
				and
(e) an LSP Opinion as to
				whether the Utility-related Abatement Measure is being conducted in conformance
				with the provisions of
				310
				CMR 40.0000 and any conditions established by
				the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0466 - Utility-related Abatement Measure Completion Reports

Current through Register 1525, July 5, 2024
(1) A Utility-related Abatement Measure
				Completion Report shall be submitted to the Department within 60 days of the
				completion of all response actions associated with a Utility-related Abatement
				Measure.
(2) A Utility-related
				Abatement Measure Completion Report shall contain, at a minimum, the following:
(a) a succinct summary of information and
				data pertaining to the discovery, location and evaluation of encountered
				contamination, and of all response actions undertaken and/or
				completed;
(b) documentation on the
				management of Remediation Waste, Remedial Additives and/or Remedial Wastewater
				managed at the site; and
(c)
				details on any proposed or ongoing active or passive remedial systems that will
				remain in place at the site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0467 - Possible Outcomes of Utility-related Abatement Measures

Current through Register 1525, July 5, 2024
The following actions are possible following the initiation
				  and/or completion of Utility-related Abatement Measures:
(1) Utility-related Abatement Measures are
				terminated due to the discovery of a two-hour or 72-hour release or threat of
				release described in
				310
				CMR 40.0311 through
				310
				CMR 40.0314, and continued work on the
				construction project requires the implementation of an Immediate Response
				Action by an RP, PRP or Other Person;
(2) Utility-related Abatement Measures have
				adequately remediated the release or threat of release encountered at the site,
				allowing for the filing of a Permanent Solution Statement, as described in
				310
				CMR 40.1000; or
(3) additional response actions are necessary
				at the site following the completion of Utility-related Abatement Measures, to
				be conducted by persons identified as Responsible Parties under M.G.L. c. 21E,
				§ 5(a), or electively by PRPs or Other Persons.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0480 - Phase I - Initial Site Investigation Report

Current through Register 1525, July 5, 2024
310 CMR 40.0481 through
				  310
				  CMR 40.0489, cited collectively as 310 CMR
				  40.0480, set forth requirements and procedures for preparing a Phase I -
				  Initial Site Investigation Report.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0481 - General Provisions for Phase I - Initial Site Investigation Report

Current through Register 1525, July 5, 2024
(1) A Phase I -
				Initial Site Investigation Report (hereinafter referred to as the "Phase I
				Report") is a document which contains the results of Preliminary Response
				Actions undertaken at a disposal site pursuant to
				310
				CMR 40.0400. The purpose of a Phase I Report
				is to record information in a standardized format in order to:
(a) facilitate the evaluation and Tier
				Classification of a disposal site in those cases where Comprehensive Response
				Actions may need to be undertaken; or
(b) where appropriate, support a Permanent
				Solution Statement filed prior to Tier Classification of a disposal
				site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0482 - Performance Standards

Current through Register 1525, July 5, 2024
A Phase I Report shall provide sufficient information to meet
				  the requirements of the Tier Classification process described in
				  310
				  CMR 40.0500 or, where appropriate, support a
				  Permanent or Temporary Solution Statement filed for a site prior to Tier
				  Classification.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0483 - Content of Phase I Report

Current through Register 1525, July 5, 2024
(1) Except as
				provided in 310 CMR 40.0483(2) and
				40.0193, the following
				information shall be contained in all Phase I Reports submitted to the
				Department, in the format established below:
(a)
General Disposal Site
				Information.
The Phase I Report shall provide general information
				which defines and describes the disposal site and surrounding area, including:
1. the DEP Release Tracking Number(s)
				applicable to the disposal site under investigation;
2. the address(es) and geographical location
				coordinates of the disposal site and/or properties comprising the disposal
				site;
3. a Disposal Site Locus Map,
				based upon a U.S.G.S. topographic or equivalent map, depicting 500 foot and
				½ mile radii from the boundaries of the disposal site;
4. an estimate of the number of on-site
				workers at the disposal site;
5. an
				estimate of the residential population within a ½ mile radius of the
				disposal site;
6. a general
				description of land uses surrounding the disposal site;
7. the number of Institutions within 500 feet
				of the disposal site; and
8. a
				listing and description of any of the following natural resource areas located
				within 500 feet of the disposal site:
a. all
				surface waters, including wetlands, vernal pools, ponds, lakes, streams,
				rivers, and reservoirs;
b. drinking
				water supplies consisting of Zone II areas, Interim Wellhead Protection Areas,
				Zone A areas, Potentially Productive Aquifers, and private wells; and
c. Areas of Critical Environmental
				Concern, Sole Source Aquifers, local, state and/or federal protected open
				space, fish habitats, and habitats of Species of Special Concern or Threatened
				or Endangered Species.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0484 - Phase I Report Completion Statement

Current through Register 1525, July 5, 2024
(1)
				All Phase I Reports submitted to the Department in support of a Permanent or
				Temporary Solution Statement, or as part of Tier Classification of a disposal
				site pursuant to
				310
				CMR 40.0500, shall be appended to the
				appropriate transmittal form established by the Department for such
				purposes.
(2) The Completion
				Statement form submitted with a Phase I Report shall include the following:
(a) an LSP Opinion as to whether the Phase I
				Report conforms with applicable requirements specified in
				310
				CMR 40.0480;
(b) the outcome of the Phase I Report, as
				described in
				310
				CMR 40.0486; and
(c) the certification of the submittal
				required by
				310
				CMR 40.0009.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0485 - Public Involvement

Current through Register 1525, July 5, 2024
Public Involvement Activities shall be conducted in
				  accordance with
				  310
				  CMR 40.1400 through
				  310
				  CMR 40.1406. Public Involvement Activities
				  relevant to Initial Site Investigation Activities specifically include those
				  activities set forth in
				  310
				  CMR 40.1403(3)(e)  and may
				  include, but are not limited to, those activities set forth in
				  310
				  CMR 40.1403(3)(a) and
				  (4)(f).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES › Section 40.0486 - Possible Outcomes of a Phase I Report

Current through Register 1525, July 5, 2024
The following outcomes are possible upon completion of a
				  Phase I Report:
(1) Comprehensive
				Response Actions are necessary at the disposal site. Tier Classification of the
				site pursuant to the provisions of
				310
				CMR 40.0500 shall be undertaken by RPs, PRPs
				or Other Persons, if necessary, and prior to the initiation of Comprehensive
				Remedial Actions; or
(2) the
				requirements of a Permanent Solution have been met, pursuant to the provisions
				of 310 CMR 40.1000, and a
				Permanent Solution Statement shall be submitted to the Department by the RP,
				PRP or Other Person conducting response actions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0500 - Tier Classification and Response Action Deadlines

Current through Register 1525, July 5, 2024
The regulations published at 310 CMR 40.0500 through
				  310
				  CMR 40.0599, cited collectively as 310 CMR
				  40.0500, establish requirements and procedures for Tier Classification, and
				  deadlines for completing response actions at disposal sites. Tier
				  Classification results are considered by the Department in determining the
				  appropriate level of Departmental oversight for response actions conducted by
				  RPs, PRPs and Other Persons at disposal sites.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0501 - Scope and Applicability

Current through Register 1525, July 5, 2024
(1)
									310
				CMR 40.0500 establishes requirements and
				procedures for the performance of response actions at Tier I and Tier II
				disposal sites including, but not limited to, requirements for reevaluating
				such disposal sites and requirements for submittals. For Tier Classified
				disposal sites, the specific deadlines for RPs, PRPs and Other Persons to
				achieve a Permanent or Temporary Solution pursuant to
				310
				CMR 40.1000 are determined in accordance with
				310
				CMR 40.0560.
(2) Except as provided in 310 CMR 40.0501(3),
				all sites for which the Department receives notification of a release or threat
				of release of oil and/or hazardous material pursuant to
				310
				CMR 40.0300 on or after October 1, 1993, or
				has discovered or discovers that a release or threat of release of oil and/or
				hazardous material has occurred, shall be classified by RPs, PRPs or Other
				Persons as either a Tier I or Tier II disposal site in accordance with
				310
				CMR 40.0500. An RP, PRP or Other Person shall
				submit a Tier Classification Submittal to the Department by the following
				deadlines:
(a) within one year of the earliest
				date computed, in accordance with
				310
				CMR 40.0404(3); or
(b) as otherwise specified by the Department
				in an Interim Deadline pursuant to
				310
				CMR 40.0167 or order pertaining to such
				release or threat of release. In the event that multiple deadlines for Tier
				Classification would be established by 310 CMR 40.0501(2), with respect to any
				specific disposal site, the earliest of the applicable deadlines shall apply
				for the purposes of Tier Classification.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0502 - Tier ID Disposal Sites

Current through Register 1525, July 5, 2024
(1) A disposal site
				shall be deemed a Tier ID ("default") disposal site if any of the following
				apply:
(a) an RP, PRP or Other Person for such
				disposal site fails to submit to the Department one of the following by the
				applicable deadline in
				310
				CMR 40.0501:
1. a Permanent Solution Statement;
				or
2. a Tier Classification
				Submittal; or
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0510 - Tier Classification Process

Current through Register 1525, July 5, 2024
(1)
				The Tier Classification process consists of:
(a) the completion of a Phase I - Initial
				Site Investigation Report in accordance with
				310
				CMR 40.0480;
(b) a comparison of conditions at a disposal
				site with the Tier I Criteria set forth in
				310
				CMR 40.0520(2);
(c) the preparation and filing with the
				Department of a Tier Classification Submittal in accordance with 310 CMR
				40.0510(2); and
(d) the public
				involvement activities relevant to Tier Classification, including, but not
				limited to, those activities set forth in
				310
				CMR 40.1403(3) and (6).
				Response actions may be initiated or continued at the disposal site during the
				public and written notice period described in
				310
				CMR 40.1403(6)(a), unless
				otherwise prohibited by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0520 - Basis for Tier Classification

Current through Register 1525, July 5, 2024
(1)
Disposal Site Information
.
(a) Any person performing Tier Classification
				for a disposal site shall evaluate such disposal site using the Tier
				Classification Criteria described in 310 CMR 40.0520(2) based upon:
1. for an initial Tier Classification, data,
				facts and other information obtained during a Phase I - Initial Site
				Investigation and documented in the Phase I Report pursuant to
				310
				CMR 40.0480, and any other relevant data,
				facts or information known by such person at the time of the initial Tier
				Classification; and
2. for
				reclassification, any data, facts and other information obtained subsequent to
				the initial Tier Classification that are relevant to determining whether the
				disposal site conditions meet the Tier I Criteria at 310 CMR
				40.0520(2).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0530 - Reclassification by RPs, PRPs, or Other Persons During Response Actions

Current through Register 1525, July 5, 2024
(1) An RP, PRP or
				Other Person performing response actions at a disposal site following Tier
				Classification shall reevaluate such disposal site using the Tier I Criteria
				specified in
				310
				CMR 40.0520(2)  if he or she
				obtains information which could cause reclassification of the disposal site
				from Tier II to Tier I, and shall submit to the Department a Tier
				Classification Submittal for the reclassification of the disposal site within
				60 days of obtaining knowledge that the disposal site meets the Tier I
				Criteria.
(2) An RP, PRP or Other
				Person may downgrade a Tier I disposal site classification if, upon
				re-evaluation of the disposal site pursuant to the Tier I Criteria at
				310
				CMR 40.0520(2), the disposal
				site is determined to no longer meet one or more of the Tier I Criteria, and,
				with regard to the Tier I Criteria at
				310
				CMR 40.0520(2)(b), (c) and
				(d), an Immediate Response Action Completion
				Statement is submitted or has been submitted documenting the completion of the
				Immediate Response Actions.
(3) An
				RP, PRP or Other Person who is reclassifying a disposal site pursuant to 310
				CMR 40.0530(1) or (2) shall submit a Tier Classification Submittal to document
				the reclassification that includes:
(a) a
				completed Tier Classification transmittal form using the form established by
				the Department for such purposes;
(b) on the basis of the Tier I Criteria, an
				LSP Opinion as to whether a disposal site should be reclassified as Tier I or
				Tier II;
(c) any other information
				required by
				310
				CMR 40.0520 or 310 CMR 40.0530 including, but
				not limited to, any other Phase Reports, Status Reports, and Completion
				Statements material to such LSP Opinion; and
(d) the certification required by
				310
				CMR 40.0009.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0540 - Demonstration of Ability and Willingness

Current through Register 1525, July 5, 2024
(1)
				Each person filing a Tier Classification Submittal with the Department shall
				include the certification required by
				310
				CMR 40.0009 and the following written
				declaration:
"I attest under the pains and penalties of perjury that (i)
				  I/the person(s) or entity(ies) on whose behalf this submittal is made has/have
				  personally examined and am/is familiar with the requirements of M.G.L. c. 21E
				  and 310 CMR 40.0000; (ii) based
				  upon my inquiry of the/those Licensed Site Professional(s) employed or engaged
				  to render Professional Services for the disposal site which is the subject of
				  this Transmittal Form and of the person(s) or entity(ies) on whose behalf this
				  submittal is made, and my/that person's(s') or entity's(ies') understanding as
				  to the estimated costs of necessary response actions, that/those person(s) or
				  entity(ies) has/have the technical, financial and legal ability to proceed with
				  response actions for such site in accordance with M.G.L. c. 21E,
				  310
				  CMR 40.0000 and other applicable
				  requirements; and (iii) that I am fully authorized to make this attestation on
				  behalf of the person(s) or entity(ies) legally responsible for this submittal.
				  I/the person(s) or entity(ies) on whose behalf this submittal is made is aware
				  of the requirements in
				  310
				  CMR 40.0172 for notifying the Department in
				  the event that I/the person(s) or entity(ies) on whose behalf this submittal is
				  made am/is(are) unable to proceed with the necessary response actions."
(2) Each person filing a Tier
				Classification Submittal with the Department shall include therein a statement
				detailing such person's history of compliance with the Department's regulations
				including, but not limited to, M.G.L. c. 21E,
				310
				CMR 40.0000, and other laws for the
				protection of health, safety, public welfare and the environment administered
				or enforced by the Department or other federal, state and local government
				agencies, that are relevant to conditions at the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0560 - Response Action Deadlines and Requirements for Tier Classified Disposal Sites

Current through Register 1525, July 5, 2024
(1)
Deadlines for Achieving a Permanent Solution, Temporary Solution or
				Remedy Operation Status
. Except as expressly provided by
				310
				CMR 40.0000 or as otherwise ordered or agreed
				to in writing by the Department, an RP, PRP or Other Person undertaking
				response actions at a disposal site shall achieve a Permanent Solution,
				Temporary Solution, or Remedy Operation Status within five years of the
				effective date of initial Tier Classification. The eventual achievement of a
				Permanent Solution is required at all disposal sites where a Temporary Solution
				or Remedy Operation Status is achieved.
(a)
				The Tier Classification for a disposal site pursuant to
				310
				CMR 40.0510 shall expire five years from the
				effective date of the initial Tier Classification of such disposal site; and
(b) An RP, PRP or Other Person
				shall not conduct Comprehensive Response Actions pursuant to
				310
				CMR 40.0800 at a disposal site for which a
				Tier Classification has expired, unless a Tier Classification Extension is
				obtained pursuant to 310 CMR 40.0560(7).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0570 - Requirements for Eligible Persons, Eligible Tenants or Other Persons Seeking to Re-establish Response Action Deadlines

Current through Register 1525, July 5, 2024
(1) Notwithstanding
				310
				CMR 40.0560, Eligible Persons, Eligible
				Tenants or Other Persons who are required or intend to conduct response actions
				at a Tier Classified disposal site and who have not previously submitted a Tier
				Classification Submittal for the disposal site may seek to reestablish the
				deadlines for response actions by submitting a Tier Classification Submittal;
				provided however, that for the purpose of reestablishing deadlines pursuant to
				310 CMR 40.0570:
(a) Eligible Persons who
				became an owner or operator of a site or portion thereof prior to December 14,
				2007 shall make such submittal within 120 days of December 14, 2007, unless the
				Department agrees to a later date;
(b) Eligible Persons who become an owner or
				operator of a site or portion thereof after December 14, 2007 shall make such
				submittal within 120 days of becoming such an owner or operator, unless the
				Department agrees to a later date;
(c) Eligible Tenants who acquire occupancy,
				possession or control of a site or portion thereof prior to December 14, 2007
				shall make such submittal within 120 days of December 14, 2007, unless the
				Department agrees to a later date;
(d) Eligible Tenants who acquire occupancy,
				possession or control of a site or portion thereof after December 14, 2007
				shall make such submittal within 120 days of acquiring such occupancy,
				possession or control, unless the Department agrees to a later date;
(e) Persons who became Other Persons prior to
				December 14, 2007 shall make such submittal within 120 days of December 14,
				2007, unless the Department agrees to a later date; and
(f) Persons who became Other Persons after
				December 14, 2007 shall make such submittal within 120 days of becoming an
				Other Person, unless the Department agrees to a later date.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0583 - Department Reclassification of a Tier Classified Disposal Site

Current through Register 1525, July 5, 2024
(1)
General
. The Department may, on its own initiative,
				reclassify a Tier I, Tier ID or Tier II disposal site to a different Tier
				Classification pursuant to 310 CMR 40.0583.
(2)
Effect of
				Reclassification
. A Reclassification made in accordance with 310
				CMR 40.0583 shall have the effect of superseding the existing disposal site
				Tier Classification. Except as otherwise specified by the Department,
				Reclassification shall not change the response action deadlines based upon the
				initial Tier Classification effective date of such disposal site, as specified
				in 310 CMR 40.0560(1) and
				(2).
(3)
Criteria
. The
				Department shall consider the Tier Classification Criteria at
				310
				CMR 40.0520 when reclassifying a Tier
				Classified disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0584 - Participation by the Public, RPs, PRPs and Other Persons in Department Reclassification

Current through Register 1525, July 5, 2024
(1) Within
				seven days of reclassifying a Tier Classified disposal site pursuant to
				310
				CMR 40.0583, the Department shall provide
				notice to the public of the Reclassification as follows:
(a) by publishing a public notice pursuant to
				310
				CMR 40.1403(2)(b);
(b) by mail or hand delivery of a copy of the
				public notice to the Chief Municipal Officer and Board of Health in the
				community(ies) in which the disposal site is located and in any other
				community(ies) which the Department believes are likely to be affected by the
				disposal site; and
(c) by mail or
				hand delivery of a copy of the public notice to any person the Department
				reasonably believes:
1. is an RP or a PRP for
				the disposal site;
2. is an Other
				Person conducting response actions for the disposal site;
3. holds title to, or an ownership interest
				in any real property comprising the disposal site of portion thereof or which
				may be affected by the disposal site and whose name and address is known to the
				Department at the time the Department decides to reclassify the disposal site;
				and
4. is the operator of the
				disposal site, if different from the owner; and
(d) if the disposal site is a Public
				Involvement Plan (PIP) site, by mail to each person whose name and address
				appears on the PIP mailing list established pursuant to
				310
				CMR 40.1400.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0585 - Right to Request an Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1)
				Any person who is aggrieved by a decision of the Department to reclassify a
				disposal site pursuant to
				310
				CMR 40.0583 to a Tier Classification category
				that is higher than the previous classification may request an adjudicatory
				hearing before the Department in accordance with
				310
				CMR 40.0050.
(2) A request for adjudicatory hearing
				pursuant to 310 CMR 40.0585 shall:
(a) comply
				with 310 CMR 40.0050 and
				1.00:
Adjudicatory Proceedings
; and
(b) state the reason(s) the decision to
				reclassify does not comply with
				310
				CMR 40.0000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES › Section 40.0590 - Public Involvement

Current through Register 1525, July 5, 2024
Public involvement activities shall be conducted in
				  accordance with
				  310
				  CMR 40.1400 through
				  40.1406. Public involvement
				  requirements relevant to Tier Classification include, but are not limited to,
				  those activities set forth at
				  310
				  CMR
				  40.1403(6).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0800 - Comprehensive Response Actions

Current through Register 1525, July 5, 2024
310 CMR 40.0801 through
				  40.0899, cited collectively
				  as 310 CMR 40.0800, contain the requirements and procedures for conducting
				  Comprehensive Response Actions at disposal sites.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0801 - Applicability

Current through Register 1525, July 5, 2024
The procedures, requirements, and standards set forth in
				  310
				  CMR 40.0800 apply to all disposal sites for
				  which a Phase I Initial Site Investigation Report has been prepared in
				  accordance with the provisions of
				  310
				  CMR 40.0480, and where additional response
				  actions are necessary to assess the disposal site and/or evaluate and implement
				  Comprehensive Remedial Actions to achieve a Permanent or Temporary Solution
				  under
				  310
				  CMR 40.1000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0810 - General Provisions for Comprehensive Response Actions

Current through Register 1525, July 5, 2024
(1) Comprehensive Response Actions shall be
				performed in sequential phases. The phases of Comprehensive Response Actions
				consist of:
(a) Phase II - Comprehensive Site
				Assessment;
(b) Phase III -
				Identification and Selection of Comprehensive Remedial Action
				Alternatives;
(c) Phase IV -
				Implementation of the Selected Remedial Action Alternative; and
(d) Phase V - Operation, Maintenance and/or
				Monitoring
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0830 - Phase II - Comprehensive Site Assessment

Current through Register 1525, July 5, 2024
310 CMR 40.0831 through
				  40.0849, cited collectively
				  as 310 CMR 40.0830, contain the requirements and procedures for conducting
				  Phase II - Comprehensive Site Assessments at disposal sites.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0832 - General Provisions

Current through Register 1525, July 5, 2024
(1) A Scope of
				Work, as described in
				310
				CMR 40.0834, shall be developed and submitted
				to the Department in accordance with
				310
				CMR 40.0510 prior to the initiation of
				Comprehensive Site Assessment activities at any disposal site that has been
				classified as Tier I or Tier II under the provisions of
				310
				CMR 40.0500, unless the Phase II fieldwork
				has been implemented prior to Tier Classification.
(2) A Phase II Report, as described in
				310
				CMR 40.0835, shall be prepared to document
				information obtained as a result of Comprehensive Site Assessment activities
				and support conclusions and Opinions based upon the findings of the assessment.
				The Phase II Report shall reference or incorporate elements of the Phase I
				Report, as appropriate, and may be combined with the Phase III Report described
				in 310 CMR 40.0850.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0833 - Performance Standards

Current through Register 1525, July 5, 2024
(1) A Phase II -
				Comprehensive Site Assessment shall collect, develop and evaluate sufficient
				information to support conclusions and Opinions regarding:
(a) the source, nature, extent, and potential
				impacts of releases of oil and/or hazardous material;
(b) the risk of harm posed by the disposal
				site to health, safety, public welfare and the environment; and
(c) the need to conduct remedial actions at
				the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0834 - Conceptual Phase II Scope of Work

Current through Register 1525, July 5, 2024
(1) Except
				as otherwise specified by the Department, Department approval of the conceptual
				Phase II Scope of Work shall not be required.
(2) Except as otherwise specified by the
				Department, the conceptual Phase II Scope of Work shall provide:
(a) the general scope and nature of
				investigative and sampling programs that will be undertaken to characterize the
				source, extent, and migration pathways of oil and/or hazardous material, and
				the risk of harm posed to health, safety, public welfare or the environment,
				based upon the initial Conceptual Site Model developed in Phase I;
(b) the name and license number of the LSP
				engaged or employed by the person conducting the Comprehensive Response Action;
				and
(c) a projected schedule for
				implementation of the Phase II - Comprehensive Site Assessment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0836 - Phase II Completion Statement

Current through Register 1525, July 5, 2024
(1)
				A Phase II Completion Statement form, established by the Department for such
				purposes, shall be appended to and submitted with the final Phase II Report to
				the Department.
(2) In cases where
				the Phase II Report is combined with other Comprehensive Response Action
				Reports, a Completion Statement form for the combined Reports shall be appended
				to the documents and submitted to the Department.
(3) A Completion Statement submitted with a
				Phase II Report shall include the following:
(a) an Opinion from a Licensed Site
				Professional which states that the Phase II Comprehensive Site Assessment:
1. conforms with applicable Phase II
				requirements and any approval conditions specified by the Department;
2. meets the Phase II performance
				standards;
3. does not disclose new
				or additional information which may affect the site's Tier Classification or
				permit category without the concurrent filing of an application for a Major
				Permit Modification; and
4.
				specifies the Phase II outcome under
				310
				CMR 40.0840.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0839 - Public Involvement

Current through Register 1525, July 5, 2024
(1) Public
				Involvement Activities shall be conducted in accordance with
				310
				CMR 40.1400 through
				40.1406. Public Involvement
				Activities relevant to Phase II specifically include
				310
				CMR 40.1403(3)(e), and may
				include, but are not limited to those activities set forth at 40.1403(3)(a) and
				(f) and
				310
				CMR 40.1406.
(2) If the disposal site where the Phase II
				is conducted is a Public Involvement Plan site, then a Public Involvement Plan
				that is consistent with
				310
				CMR 40.1405 shall be implemented.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0840 - Possible Outcomes

Current through Register 1525, July 5, 2024
(1) The following
				outcomes are possible upon completion of a Phase II Comprehensive Site
				Assessment:
(a) Comprehensive Remedial Actions
				are necessary at the site to achieve a Permanent or Temporary Solution as
				described in
				310
				CMR 40.1000. A Phase III study for the
				identification, evaluation and selection of Comprehensive Remedial Action
				Alternatives as described in
				310
				CMR 40.0850 is necessary to select a remedial
				action alternative; or
(b) the
				requirements of a Permanent Solution under
				310
				CMR 40.1000 have been met, and a Permanent
				Solution Statement supported by information provided in the Phase II report
				shall be submitted to the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart H - COMPREHENSIVE RESPONSE ACTIONS › Section 40.0850 - Phase III - Identification, Evaluation and Selection of Comprehensive Remedial Action Alternatives

Current through Register 1525, July 5, 2024
310 CMR 40.0851 through
				  40.0869, cited collectively
				  as 310 CMR 40.0850, contain the requirements and procedures for conducting
				  Phase III Comprehensive Response Actions at disposal sites.