reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0042 - Remedial Wastewater Discharges to Surface Water

Current through Register 1525, July 5, 2024
(1) Any person performing response actions at
				a disposal site in accordance with M.G.L. c. 21E and
				310
				CMR 40.0000 may discharge Remedial Wastewater
				to surface water, provided such discharge occurs in compliance with the terms
				and conditions of a NPDES permit or emergency exclusion granted by EPA pursuant
				to 33 U.S.C.
				1251
et seq
., if applicable,
				and M.G.L. c. 21E and
				310
				CMR 40.0000.
(2) Any person performing response actions at
				a disposal site in accordance with M.G.L. c. 21E and
				310
				CMR 40.0000 may discharge Remedial Wastewater
				to surface water without a permit from the Department pursuant to M.G.L. c. 21,
				§ 43, and
				314 CMR
				3.00, the Massachusetts' Surface Water Discharge
				Permit Program, provided the discharge is exempt from such permitting
				requirements under
				314
				CMR 3.05.
(3) Any person discharging Remedial
				Wastewater to surface water in accordance with an emergency exclusion granted
				by EPA pursuant to 33 U.S.C.
				1251
et seq
. shall cease
				such discharge on or before 120 days from the effective date of the emergency
				exclusion initially authorizing such discharge, unless:
(a) EPA grants such person an extension of
				the emergency exclusion initially authorizing the discharge;
(b) a permit application for the discharge
				has been submitted to EPA in accordance with the NPDES program established
				pursuant to 33 U.S.C.
				1251
et seq
; or
(c) such person has a NPDES permit from EPA
				authorizing the discharge.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0043 - Remedial Wastewater Discharges to Publicly Owned Treatment Works (POTW)

Current through Register 1525, July 5, 2024
(1) Any person
				performing response actions at a disposal site in accordance with M.G.L. c. 21E
				and 310 CMR 40.0000 may discharge
				Remedial Wastewater to a sewer system without a permit from the Department
				pursuant to M.G.L. c. 21, § 43, and
				314 CMR
				7.00:
Sewer System Extension and Connection
				Permit Program
, provided the discharge is exempt from such permitting
				requirements under
				314
				CMR 7.05:
Activities not Requiring a
				Permit
.
(2) Any person
				performing response actions at a disposal site in accordance with M.G.L. c. 21E
				and 310 CMR 40.0000 may discharge
				Remedial Wastewater to a sewer system and/or POTW, provided:
(a) if such discharge is to a sewer system,
				such discharge complies with the terms and conditions of any permit, license or
				approval from the public entity controlling the sewer system, and M.G.L. c. 21E
				and 310 CMR 40.0000;
				and
(b) if such discharge is to a
				POTW, such discharge complies with the terms and conditions of any permit,
				license or approval from the public entity controlling the POTW, and 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 A - GENERAL PROVISIONS › Section 40.0044 - Remedial Wastewater Discharges to Non-publicly Owned Treatment Works

Current through Register 1525, July 5, 2024
(1) Any person
				performing response actions at a disposal site in accordance with M.G.L. c. 21E
				and 310 CMR 40.0000 may discharge
				Remedial Wastewater to a Non-publicly Owned Treatment Works, provided:
(a) the person controlling the Non-publicly
				Owned Treatment Works has a permit for such works issued by the Department
				pursuant to
				314 CMR
				3.00:
Surface Water Discharge Permit
				Program
, 5.00:
Ground Water Discharge Permit Program
,
				and/or 8.00:
Supplemental Requirements for Hazardous Waste Management
				Facilities
, whichever is applicable, that includes specific effluent
				limitations for the particular oils and hazardous materials in the Remedial
				Wastewater;
(b) the Non-Publicly
				Owned Treatment Works has been designed or modified to provide a level of
				treatment adequate to comply with the applicable effluent limitations, as
				established by
				314 CMR
				3.00:
Surface Water Discharge Permit
				Program
, 5.00:
Ground Water Discharge Permit Program
,
				and/or 8.00:
Supplemental Requirements for Hazardous Waste Management
				Facilities
; and
(c) such
				discharge complies with the terms and conditions of any permit, license or
				approval from the person controlling the Non-publicly Owned Treatment Works,
				and 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 A - GENERAL PROVISIONS › Section 40.0045 - Remedial Wastewater Discharges to the Ground Surface or Subsurface and/or Groundwater

Current through Register 1525, July 5, 2024
(1)
Requirement for All Discharges to the Ground Surface or Subsurface
				and/or Groundwater.
Any person performing response actions at a
				disposal site in accordance with M.G.L. c. 21E and
				310
				CMR 40.0000 may discharge Remedial Wastewater
				to the ground surface or subsurface and/or groundwater, provided such
				discharge:
(a) does not erode or otherwise
				impair the functioning of the surficial and subsurface soils, infiltrate
				underground utilities, building interiors or subsurface structures, result in
				groundwater mounding within two feet of the ground surface, or result in
				flooding of, or breakout to the ground surface; and
(b) otherwise complies with 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 A - GENERAL PROVISIONS › Section 40.0046 - Application of Remedial Additives

Current through Register 1525, July 5, 2024
(1)
In General
. Any person performing response actions at
				a disposal site may apply Remedial Additives to the ground surface or
				subsurface and/or groundwater provided such application, and any Remedial
				Additive By-product:
(a) does not erode or
				otherwise impair the functioning of the surficial and subsurface soils,
				infiltrate underground utilities, building interiors or subsurface
				structures;
(b) in cases where the
				application is to the subsurface, does not result in groundwater mounding
				within two feet of the ground surface, or result in flooding of or breakout to
				the ground surface;
(c) in cases
				where the Remedial Additives and/or Remedial Additive By-products contain OHM,
				does not result in the presence of such OHM in the soil or groundwater at any
				point measured 50 feet or more downgradient from the furthest downgradient
				point of application at concentrations equal to or greater than an applicable
				Reportable Concentration set forth in
				310
				CMR 40.0000;
(d) in cases where the Remedial Additives or
				Remedial Additive By-products do not contain OHM, does not result in the
				presence of such Remedial Additives or Remedial Additive By-products in soil or
				groundwater at any point measured 50 feet or more downgradient from the
				furthest downgradient point of application above a background concentration or
				above a level that will exacerbate existing conditions, or prevent or impair
				the performance of remedial actions at the disposal site; and
(e) is otherwise performed in compliance
				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 A - GENERAL PROVISIONS › Section 40.0049 - Remedial Air Emissions

Current through Register 1525, July 5, 2024
(1) Remedial
				actions that involve the emission or discharge of oil and/or hazardous material
				to the atmosphere shall be conducted in a manner that ensures the protection of
				health, safety, public welfare and the environment, in conformance with
				310
				CMR 40.0000,
				310 CMR
				7.00:
Air Pollution Control
, and any
				other applicable permits, approvals, laws or regulations.
(2) Except as provided in 310 CMR 40.0049(3),
				point-source atmospheric emissions of oil and hazardous material from remedial
				systems and operations including, without limitation, packed-tower or diffused
				aeration air strippers, bioreactors and soil vapor extraction systems shall be
				treated by control devices prior to their discharge to the ambient
				air.
(3) Notwithstanding the
				provisions of 310 CMR 40.0049(2), except where specifically required in writing
				by the Department based upon its review of proposed or ongoing response
				actions, treatment of point-source remedial air emissions is not required at a
				disposal site if the untreated emissions:
(a)
				are from an Active Exposure Pathway Mitigation Measure or passive venting
				system installed to mitigate the migration of subsurface vapors into
				living/working spaces of a building, provided the total air emission rate of
				all volatile contaminants is less than 100 pounds/year; or
(b) would be at or below a level of no
				significant risk to health, safety, public welfare, and the environment;
				provided however, that the person undertaking the response action submits an
				LSP Opinion to the Department prior to commencement of the remedial action
				stating that such untreated emissions will present no significant risk to
				health, safety, public welfare and the environment, considering:
1. the mass flux and toxicities of the oil
				and hazardous material being emitted;
2. the types and proximity of human and
				ecological populations;
3.
				background concentrations of oil and hazardous material in the ambient
				atmosphere;
4. relevant policies
				issued by the Department; and
5.
				any other relevant factors.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0050 - Appeals of Orders and Permits

Current through Register 1525, July 5, 2024
(1) Wherever
				expressly provided by
				310
				CMR 40.0000, any person who is aggrieved by a
				permit decision of the Department, or order issued pursuant to M.G.L. c. 21E,
				§ 9, may request an adjudicatory hearing before the Department.
(2) Each request for a hearing must be sent
				to the Docket Clerk of the Department by certified mail or hand-delivered
				within 21 days of the date of issuance of the decision being appealed. A copy
				of the request shall be sent by certified mail or hand delivered simultaneously
				to:
(a) the Chief Municipal Officer for the
				municipality where the disposal site is located;
(b) the regional office of the Department
				that issued the decision or order; and
(c) where the person aggrieved by a decision
				is a Permit Applicant who is appealing a permit decision, pursuant to
				310
				CMR 40.0770, such person shall also
				simultaneously send, by certified mail or hand delivery, a copy of the request
				for an adjudicatory hearing to each person who provided public
				comment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0051 - Appeals Relative to Administrative Penalties

Current through Register 1525, July 5, 2024
Whenever the Department seeks to assess a civil
				  administrative penalty pursuant to M.G.L. c. 21A, § 16, M.G.L. c. 21E and
				  310
				  CMR 40.0000, the person who would be assessed
				  the penalty shall have the right to an adjudicatory hearing. Any request for an
				  adjudicatory hearing thereon shall be made in accordance with M.G.L. c. 21A,
				  § 16, and
				  310 CMR
				  5.00:
Administrative
				  Penalty
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0060 - Special Project Designation Permits

Current through Register 1525, July 5, 2024
310 CMR 40.0061 through
				  40.0070, cited collectively
				  as 310 CMR 40.0060, set forth the requirements and procedures for Special
				  Project Designation Permits.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0061 - Purpose and Eligibility

Current through Register 1525, July 5, 2024
(1) The
				Department may designate certain projects as "Special Projects" through its
				approval of a Special Project Designation Permit. For disposal site(s)
				designated as Special Projects, Special Project Designation shall have the
				effect of:
(a) extending the deadline for
				submitting a Tier Classification Submittal as required by
				310
				CMR 40.0500; or
(b) extending specific deadline(s) for
				completing Comprehensive Response Actions (Phases II, III, IV or V) as required
				by 310 CMR
				40.0560(2); and
(c) establishing an annual compliance
				assurance fee schedule for the Special Project as described in
				310 CMR
				4.00:
Timely Action Schedule and Fee
				Provisions
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0063 - Approval of Applications for Special Project Designation Permits, and Special Project Designation Permit Modifications, Transfers or Extensions

Current through Register 1525, July 5, 2024
(1) Special Project
				Designation Permits and Special Project Designation Permit Modifications,
				Transfers or Extensions shall be approved in accordance with the process and
				schedule in
				310
				CMR 40.0070.
(2) The Department shall consider the
				criteria in 310 CMR 40.0063(3) and (4) and all other available information when
				reviewing a Special Project Designation Permit Application or a Modification,
				Transfer or Extension submitted pursuant to
				310
				CMR 40.0060, and when making the following
				decisions:
(a) to grant a Special Project
				Designation Permit, or Special Project Designation Permit Modification,
				Transfer or Extension;
(b) to grant
				a Special Project Designation Permit, or Special Project Designation Permit
				Modification, Transfer or Extension with conditions; or
(c) to deny a Special Project Designation, or
				Special Project Designation Permit, Modification, Transfer or
				Extension.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0064 - Special Project Designation Conditions

Current through Register 1525, July 5, 2024
(1)
				Any person performing response actions to address a disposal site subject to a
				Special Project Designation shall comply with M.G.L. c. 21E,
				310
				CMR 40.0000, the terms and conditions of the
				Special Project Designation Permit and any other applicable federal, state or
				local laws.
(2) All Special Project
				Designation Permits shall have as conditions of Designation the requirement
				that the Permittee shall:
(a) oversee and
				coordinate the Special Project;
(b)
				comply with the terms and conditions of response actions established or
				approved by the Department during the course of the Special Project;
(c) comply with the notification regulations
				at 310 CMR 40.0300 for any
				release or threat of release of oil and/or hazardous material;
(d) comply with the requirements for
				conducting Immediate Response Actions to address two- or 72-hour releases or
				threats of release or Conditions of Substantial Release Migration in accordance
				with 310 CMR 40.0400;
(e) provide reasonable access to the parcel
				owned or controlled by the Permittee to employees, agents and contractors of
				the Department for all purposes authorized by M.G.L. c. 21E and to other
				persons performing response actions;
(f) avoid engaging in activities that could
				prevent or impede the implementation of reasonably likely response actions in
				the future;
(g) for Special Project
				Designations pursuant to
				310
				CMR 40.0061(1)(a), file a
				Tier Classification Submittal for any disposal site that requires further
				response actions by the date the Special Project Designation Permit expires,
				unless such Permit is extended pursuant to
				310
				CMR 40.0067 and
				40.0070;
(h) for Special Project Designations pursuant
				to 310 CMR
				40.0061(1)(b), file the next
				applicable Comprehensive Response Action Submittal for any disposal site that
				requires further response actions by the date the Special Project Designation
				Permit expires, unless such Permit is extended pursuant to
				310
				CMR 40.0067 and
				40.0070;
(i) provide the Department with a report
				describing the status of response actions on an annual basis, unless an
				alternative schedule is established in the Special Project Designation Permit;
				and
(j) comply with any other
				conditions necessary to ensure the appropriate implementation of response
				actions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0065 - Modification of Special Project Designation Permit

Current through Register 1525, July 5, 2024
(1) The permittee may apply for a
				modification to a Special Project Designation Permit to add or remove property
				subject to the Special Project Designation.
(2) A request for a Special Project
				Designation Permit Modification shall include the following:
(a) a completed transmittal form using the
				form established by the Department for such purposes;
(b) a description of and rationale for the
				modification sought; and
(c) 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 A - GENERAL PROVISIONS › Section 40.0066 - Transfer of Special Project Designation Permit

Current through Register 1525, July 5, 2024
(1) A permittee may apply for a transfer of
				Special Project Designation. An application for transfer of Special Project
				Designation shall include the following:
(a)
				a completed transmittal form using the form established by the Department for
				such purposes;
(b) a statement as
				to why the transfer is sought;
(c)
				a certification required by
				310
				CMR 40.0009 from the current
				permittee;
(d) written consent by
				the transferee to the terms and conditions of the Special Project Designation
				Permit;
(e) a certification
				required by
				310
				CMR 40.0009 from the transferee and the
				person described in
				310
				CMR 40.0062(1)(i)  (if
				different from the transferee);
(f)
				a certification that the transferee is an Eligible Applicant pursuant to
				310
				CMR 40.0061(2);
				and
(g) the compliance history(ies)
				and certification(s) of the transferee and the person described in
				310
				CMR 40.0062(1)(i)  (if
				different from the transferee) that, except as fully disclosed in the
				application, he or she is not subject to any outstanding administrative or
				judicial environmental enforcement action under any federal, state or local
				law.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0067 - Extension of Special Project Designation Permit

Current through Register 1525, July 5, 2024
(1) A permittee may apply for an extension of
				Special Project Designation. An application for an extension of Special Project
				Designation shall include the following:
(a)
				a completed transmittal form using the form established by the Department for
				such purposes;
(b) a statement as
				to why the extension is sought;
(c)
				a report describing the status of response actions and any known instances of
				noncompliance with
				310
				CMR 40.0000 associated with the Special
				Project Designation Permit, and a plan and schedule for proposed or continuing
				response actions;
(d) an LSP
				Opinion indicating that the plans and/or reports submitted are in conformance
				with the requirements of
				310
				CMR 40.0000;
(e) a certification by the applicant and the
				person described in
				310
				CMR 40.0062(1)(i)  (if
				different from the applicant) that, except as fully disclosed in the request
				for extension, he or she is not subject to any outstanding administrative or
				judicial environmental enforcement action under any federal, state or local
				law; and
(f) the certification
				required by
				310
				CMR 40.0009 by the permittee and the person
				described in
				310
				CMR 40.0062(1)(i)  (if
				different from the applicant).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0068 - Termination of Special Project Designation Permit

Current through Register 1525, July 5, 2024
(1) A Permittee may voluntarily surrender a
				Special Project Designation Permit provided that such Permittee notifies the
				Department in writing of such surrender using the transmittal form established
				by the Department for such purpose and submits a report to the Department
				describing the status of response actions. If applicable, the Permittee shall
				also comply with
				310
				CMR 40.0170(10).
(2) Special Project Designation Permit shall
				terminate if:
(a) the Permittee voluntarily
				surrenders the Special Project Designation Permit as described in 310 CMR
				40.0068(1);
(b) the Permittee
				submits a Permanent Solution Statement pursuant to
				310
				CMR 40.1000 for the disposal site(s) covered
				by the Special Project Designation Permit;
(c) an assessment is completed that
				demonstrates that no releases or threats of release have occurred at or from
				the properties subject to Special Project Designation Permit; or
(d) the Special Project Designation Permit
				expires.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0069 - Suspension and Revocation of Special Project Designation Permit

Current through Register 1525, July 5, 2024
(1) The Department
				may suspend or revoke a Special Project Designation Permit for cause including,
				but not limited to, the following:
(a) any
				violation of M.G.L. c. 21E,
				310
				CMR 40.0000, or Special Project Designation
				Permit condition, or other applicable law or regulation;
(b) the submittal of false or misleading
				information by the Permittee; or
(c) for nonpayment of annual compliance
				assurance fees required pursuant to
				310 CMR
				4.00:
Timely Action Schedule and Fee
				Provisions
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0070 - Approval Process for Special Project Designation Permits

Current through Register 1525, July 5, 2024
(1)
General
. 310 CMR
				40.0070, together with
				310
				CMR 4.04:
Permit Applications
				Schedules and Fee
, define the review and approval process for a
				Special Project Designation Permit Application or a Special Project Designation
				Permit Modification, Transfer or Extension. The Department shall consider the
				requirements and criteria at
				310
				CMR 40.0060, when making a decision to grant
				or deny a Special Project Designation Permit or a Modification, Transfer or
				Extension of a Special Project Designation Permit.
(2)
Commencement of
				Schedule
. For purposes of 310 CMR 40.0070 and
				310
				CMR 4.04(2)(a), the
				computation of time periods shall commence on the day following the day a
				complete Special Project Designation Permit Application, Modification, Transfer
				or Extension is received at the appropriate regional office of the Department
				or on the day following the day the applicable permit application fee is
				received, as described in
				310
				CMR 40.0008, whichever occurs
				later.
(3) A Special Project
				Designation Permit, or Modification, Transfer or Extension of a Special Project
				Designation Permit, shall be presumed approved without conditions 36 days from
				the date of the commencement of the Application time period pursuant to 310 CMR
				40.0070(2), unless prior to the end of the 36 day period, the Department
				provides to the applicant(s) one of the following:
(a) a decision to deny the applicant a
				Special Project Designation Permit, or Modification, Transfer or Extension of a
				Special Project Designation Permit, based on the criteria in
				310
				CMR 40.0063(3) and
				(4);
(b) a decision to grant the applicant a
				Special Project Designation Permit, or Modification, Transfer or Extension of a
				Special Project Designation Permit with conditions, based on the criteria in
				310
				CMR 40.0063(3) and (4);
				or
(c) a Notice of Extended Review
				indicating that, because of the nature and complexity of the review, based on
				the criteria set forth in
				310
				CMR 40.0063(3) and (4), the
				Department requires an additional 36 days from the date the Notice of Extended
				Review is issued by the Department to complete its review.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0100 - Overview of Roles and Responsibilities in Response Actions

Current through Register 1525, July 5, 2024
(1) The Department is authorized to take or
				arrange for such response actions as it reasonably deems necessary to respond
				to releases or threats of release of oil and/or hazardous material. The
				Department has final administrative authority and discretion to determine any
				and all of the following:
(a) whether a
				release of oil and/or hazardous material has occurred and/or whether a threat
				of release or Imminent Hazard exists;
(b) whether a release or threat of release of
				oil and/or hazardous material requires a response action;
(c) the appropriate extent and nature of a
				response action consistent with M.G.L. c. 21E and
				310
				CMR 40.0000;
(d) the appropriate level of Department
				oversight of response actions undertaken by RPs, PRPs and Other Persons;
				and
(e) whether a response action,
				application, Opinion or other submittal is in compliance with M.G.L. c. 21E,
				310
				CMR 40.0000 and other applicable
				requirements.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0110 - Adequately Regulated Sites

Current through Register 1525, July 5, 2024
(1)
Purpose
. The regulations published at
				310
				CMR 40.0110 through
				310
				CMR 40.0115, cited collectively as
				310
				CMR 40.0110, establish requirements and
				procedures in accordance with M.G.L. c. 21E, § 3(c), for limiting the
				applicability of M.G.L. c. 21E and
				310
				CMR 40.0000 to response actions at disposal
				sites deemed adequately regulated by the Department under another program or by
				another government agency.
(2) No
				provision of
				310
				CMR 40.0110 shall be construed to relieve any
				person from any liability for Response Action Costs or damages under M.G.L. c.
				21E or from any obligation for any administrative, civil or criminal penalty,
				fine, settlement, or other damages.
(3) No provision of
				310
				CMR 40.0110 shall be construed to limit the
				rights of private parties to seek contribution, reimbursement or equitable
				share from any other person under M.G.L. c. 21E.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0111 - Federal Superfund Program

Current through Register 1525, July 5, 2024
(1) The Department
				shall deem response actions at a disposal site subject to CERCLA adequately
				regulated for purposes of compliance with
				310
				CMR 40.0000, provided:
(a) for sites at which a ROD has not been
				issued,
1. the response actions are conducted
				in compliance with the National Contingency Plan and any applicable EPA
				approvals or orders; and
2.
				subsequent site assessment, cleanup and/or closure activities are addressed
				pursuant to CERCLA; or
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0112 - Federal Corrective Action Pursuant to HSWA

Current through Register 1525, July 5, 2024
(1)
General
. HSWA
				Corrective Actions performed by persons other than the Department shall be
				deemed adequately regulated for purposes of
				310
				CMR 40.0000, provided the person undertaking
				such response actions does so in compliance with the terms and conditions of
				the applicable license, permit, approval or order issued pursuant to
				42 U.S.C. §§
										6928(a),
				6928(h),
				6924(u) or
				6924(v) and the
				following:
(a) the general provisions in
				310
				CMR 40.0001 through
				310
				CMR 40.0099, except:
1. the requirements for LSP Opinions set
				forth in
				310
				CMR 40.0015;
2. the requirements for
force
				majeure
set forth in
				310
				CMR 40.0025;
3. the provisions of
				310
				CMR 40.0050 with respect to permit decisions
				only;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0113 - RCRA Authorized State Hazardous Waste Program (M.G.L. c. 21C and 310 CMR 30.000: Hazardous Waste)

Current through Register 1525, July 5, 2024
(1)
General
. Response actions at 21C Facilities performed
				by persons other than the Department and permitted, approved or ordered by the
				Department pursuant to M.G.L. c. 21C and/or
				310 CMR
				30.000:
Hazardous Waste
shall be
				deemed adequately regulated for purposes of
				310
				CMR 40.0000, provided the person undertaking
				such response actions does so in compliance with the terms and conditions of
				any such permit, order or approval and the following:
(a) the general provisions in
				310
				CMR 40.0001 through
				310
				CMR 40.0099, except:
1. the requirements for LSP Opinions set
				forth in
				310
				CMR 40.0015;
2. the requirements for
force
				majeure
set forth in
				310
				CMR 40.0025; and
3. the provisions of
				310
				CMR 40.0050 with respect to permit decisions
				only;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0114 - Solid Waste Management Facilities

Current through Register 1525, July 5, 2024
(1)
General
. Response actions performed by persons other
				than the Department at Solid Waste Management Facilities permitted, approved or
				ordered by the Department pursuant to M.G.L. c. 21H, M.G.L. c. 111, §
				150A, and/or
				310 CMR
				19.000:
Solid Waste Management
shall
				be deemed adequately regulated for purposes of
				310
				CMR 40.0000, provided the person undertaking
				such response actions does so in compliance with the terms and conditions of
				any such permit, order or approval and the following:
(a) the general provisions in
				310
				CMR 40.0001 through
				310
				CMR 40.0099, except:
1. the requirements for LSP Opinions set
				forth in
				310
				CMR 40.0015;
2. the requirements for
force
				majeure
set forth in
				310
				CMR 40.0025; and
3. the provisions of
				310
				CMR 40.0050 with respect to permit decisions
				only;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0115 - Radioactive Material

Current through Register 1525, July 5, 2024
(1)
Licensed Facilities
.
(a) Response actions at sites and facilities
				licensed and overseen by the Massachusetts Department of Public Health under
				the provisions of
				105 CMR
				120.000:
The Control of Radiation
(
i.e
., Licensed Facilities), shall be deemed adequately
				regulated for purposes of
				310
				CMR 40.0000 with respect to releases of
				Radioactive Materials.
(b) Releases
				of oil or hazardous materials other than Radioactive Materials at such Licensed
				Facilities shall be assessed and mitigated in accordance with the risk
				assessment and risk management provisions of, and shall otherwise be subject
				to, 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 40.0120 - Coordination with Responses by the United States Coast Guard to Discharges of Oil

Current through Register 1525, July 5, 2024
(1) Except as
				provided by 310 CMR 40.0120(2) and (3), response actions performed by the U.S.
				Coast Guard, including, but not limited to, response actions performed by its
				contractors under its supervision and control, pursuant to the Federal Water
				Pollution Control Act, 33
				U.S.C. 1321(c), in response
				to a release of oil into navigable waters shall be exempt from the following
				requirements:
(a) any requirement to obtain a
				permit, approval or other authorization from the Department issued pursuant to
				M.G.L. c. 21E or the MCP for such response actions;
(b) any requirement to employ or engage a
				Licensed Site Professional for purposes of performing such response
				actions;
(c) any requirement to
				submit a plan or report to the Department for such response actions under
				M.G.L. c. 21E or the MCP, provided that the U.S. Coast Guard, upon request by
				the Department, provides the Department with a copy of any and all plans and
				reports prepared pursuant to the Federal Water Pollution Control Act,
				33 U.S.C.
				1321(c); and
(d) any requirement to submit a Permanent or
				Temporary Solution Statement to the Department for such a release.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0150 - Role of Other Persons

Current through Register 1525, July 5, 2024
(1) Any person
				threatened or damaged by a release or threat of release of oil and/or hazardous
				material, and any Other Person, may undertake response actions, provided such
				response actions are performed in compliance with M.G.L. c. 21E,
				310
				CMR 40.0000 and any other applicable
				laws.
(2) As provided in M.G.L. c.
				21E, § 4, any person who without charge renders assistance in a response
				action at the request of a duly authorized representative of the Department
				shall not be held liable, notwithstanding any other provision of law, for civil
				damages as a result of any act or omission by such person in removing oil
				and/or hazardous material, except for acts or omissions of gross negligence or
				willful misconduct.
(3) As provided
				in M.G.L. c. 21E, § 4, any person, except a person who is liable pursuant
				to M.G.L. c. 21E, § (5)(a)(1), who provides care, assistance or advice in
				response to a release or threat of release of oil into or onto the tidal waters
				of the United States, including, without limitation, the territorial sea, or to
				any tidal shorelines adjoining any waters of the United States, or to the Zone
				established by Presidential Proclamation No. 5030, dated March 10, 1983,
				including, without limitation, the ocean waters of the areas referred to as
				"eastern special areas" in Article 3(1) of the Agreement between the United
				States of America and the Union of Soviet Socialist Republics on the Maritime
				Boundary, signed June 1, 1990, which is consistent with applicable state law,
				or the NCP or as otherwise directed by the federal on-scene coordinator
				predesignated by EPA or the United States Coast Guard to coordinate and direct
				a federal response for oil removal under subpart D of the NCP, or by the state
				official with responsibility for oil spill response, shall not be liable for
				removal costs or damages which result from actions taken or omitted in the
				course of providing such care, assistance or advice, except with respect to
				personal injury, wrongful death, gross negligence or willful misconduct,
				notwithstanding any other law to the contrary.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0160 - Departmental Notice to Responsible Parties and Potentially Responsible Parties

Current through Register 1525, July 5, 2024
(1)
Notices of Responsibility
.
(a) The Department shall attempt to identify
				and notify RPs and PRPs of their potential liability under M.G.L. c. 21E
				through the issuance of a Notice of Responsibility (NOR) prior to taking or
				arranging a response action. The determination of whom to notify of their
				potential liability under M.G.L. c. 21E rests in the sole discretion of the
				Department. The Department's failure to notify any particular RP or PRP shall
				not preclude recovery by the Commonwealth or any other person against that RP
				or PRP for any reimbursement or compensation to which the Commonwealth or that
				person is entitled, nor shall it preclude the Department or any other person
				from taking any other action authorized or required by M.G.L. c. 21E,
				310
				CMR 40.0000, any order or determination
				issued by the Department or any other law.
(b) The Department may notify RPs and PRPs,
				orally or in writing, of their potential liability under M.G.L. c. 21E. If the
				Department provides such oral notice, the Department shall follow up such
				notice with a written NOR. Written NORs shall include a summary of actions
				undertaken to date at the site by the Department, RPs, PRPs and Other Persons
				and a description of the following:
1. the
				actions which the Department currently determines are necessary to respond to
				the release or threat of release;
2. the procedure by which, and extent to
				which, the RP or PRP can become involved in the response action; and
3. the liability which the RP or PRP may
				incur as a result of the release or threat of release.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0166 - Department Right of Entry

Current through Register 1525, July 5, 2024
For the purpose of administration and enforcement of M.G.L.
				  c. 21E and
				  310
				  CMR 40.0000 and for the protection of human
				  health, safety, public welfare or the environment, employees, agents and
				  contractors of the Department may enter any site, vessel or any other location
				  to be investigated as a possible site at reasonable times and upon reasonable
				  notice to investigate, sample or inspect any documents, conditions, equipment,
				  practice or property. In the event that the Department reasonably determines as
				  a result of an investigation, sampling or inspection that there has been a
				  release or that there exists a threat of release of oil or hazardous material,
				  the Department may enter a site, vessel or location, and areas proximate
				  thereto, and perform or arrange for the performance of such response actions as
				  it reasonably deems necessary.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0167 - Interim Deadlines

Current through Register 1525, July 5, 2024
(1) The Department
				may establish and enforce reasonable Interim Deadlines consistent with M.G.L.
				c. 21E and
				310
				CMR 40.0000 for the performance of response
				actions, and the furnishing of information and provision of access to documents
				and other information to DEP, including, but not limited to, deadlines for
				compliance with Requests for Information, applicable orders, permits and other
				requirements, and deadlines for the termination of settlement
				discussions.
(2) Any person who is
				required to comply with an Interim Deadline may request, in writing, an
				extension thereof prior to the running of any such deadline. Each such request
				shall state clearly and concisely the facts which are grounds for the extension
				and the relief sought. The Department may modify an Interim Deadline if it
				deems such action appropriate. Any such modification shall be made in
				writing.
(3) The Department shall
				establish Interim Deadlines in writing by means of, but not limited to, the
				following:
(a) an approval of an application
				or work schedule;
(b) the issuance
				of a permit, Request for Information, Notice of Responsibility or Notice of
				Response Action; or
(c) the
				issuance of an order pursuant to M.G.L. c. 21E, § 9 or 10.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0168 - List of Locations and Disposal Sites

Current through Register 1525, July 5, 2024
(1)
				Commencing on or about August 1, 1993, the Department shall publish and
				maintain a Transition List of Sites and Locations (the "1993 Transition List").
				The Department shall identify in the 1993 Transition List, and any addendum
				thereto, the status of disposal sites and Locations to Be Investigated
				("LTBIs") to enable RPs, PRPs and Other Persons to ascertain the actions they
				are required by
				310
				CMR 40.0600 (the "Transition Provisions") to
				undertake to achieve or demonstrate compliance with M.G.L. c. 21E and
				310
				CMR 40.0000.
(2) Commencing on or about January 1, 1994,
				the Department shall maintain a list of Locations to be Investigated and
				disposal sites.
(3) Commencing on
				or about January 1, 1994, the Department shall publish on at least an annual
				basis a list of disposal sites that have been classified as Tier I in
				accordance with
				310
				CMR 40.0500, including addenda thereto. The
				published lists may also include, without limitation, the following:
(a) any disposal site for which the
				Department has not received:
1. a Permanent or
				Temporary Solution Statement; or
2.
				a Tier Classification Submittal.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0169 - The Role of Licensed Site Professionals

Current through Register 1525, July 5, 2024
(1) RPs, PRPs and Other Persons shall engage
				or employ the services of one or more LSPs as necessary to meet the
				requirements of
				310
				CMR 40.0000.
(2) The Department will designate as an
				LSP-of-Record for a site any LSP whose signature and seal appears on any
				document received by the Department with respect to a site. An LSP whose
				engagement or employment terminates in connection with a site at which he or
				she is designated as an LSP-of-Record shall notify the Department in writing
				within 21 days of such termination.
(3) LSPs shall render Opinions only in
				accordance with M.G.L. c. 21A, §§ 19 through 19J,
				309 CMR
				4.00:
Rules of Professional Conduct
and 6.00:
Design and Use of Licensed Site Professional's Seal
,
				M.G.L. c. 21E,
				310
				CMR 40.0000 and other applicable
				laws.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0170 - The Role of RPs, PRPs and Other Persons in Response Actions

Current through Register 1525, July 5, 2024
(1) RPs, PRPs, and secured lenders and
				fiduciaries who hold title to or possession of a site or vessel, shall notify
				the Department of a release or threat of release of oil and/or hazardous
				material and of any Imminent Hazards in accordance with
				310
				CMR 40.0300.
(2) RPs, PRPs and Other Persons shall obtain
				all necessary permits and approvals before undertaking a response
				action.
(3) No person shall
				undertake any response action for which a permit or approval has been issued by
				the Department in any manner not in conformance with the terms and conditions
				thereof.
(4) RPs, PRPs and Other
				Persons shall perform response actions in accordance with the following:
(a) except as expressly provided by
				310
				CMR 40.0000, each and every response action
				shall be properly and promptly performed within deadlines prescribed by, or
				pursuant to, M.G.L. c. 21E and/or
				310
				CMR 40.0000, including any Interim
				Deadlines;
(b) each RP, PRP or
				Other Person, or group of RPs, PRPs or Other Persons, who is undertaking or
				intends to undertake one or more response actions shall participate in and/or
				conduct, whichever is applicable, Public Involvement Activities in accordance
				with M.G.L. c. 21E, § 14,
				310
				CMR 40.1400 and any other applicable
				requirements; and
(c) each RP, PRP
				or Other Person, or group of RPs, PRPs or Other Persons, performing a response
				action shall identify all permits, licenses or other approvals which may be
				required by any local, state or federal agency, and any agreements necessary to
				conduct a response action, and shall proceed to obtain the necessary permits,
				licenses, approvals, and agreements sufficiently far in advance of deadlines
				imposed by M.G.L. c. 21E,
				310
				CMR 40.0000 or any other applicable
				requirements to enable him or her to complete response actions by such
				deadlines.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0171 - Failure to Perform a Response Action

Current through Register 1525, July 5, 2024
In the event that a RP, PRP or Other Person initiates a
				  response action that is determined by the Department to be in noncompliance
				  with M.G.L. c. 21E,
				  310
				  CMR 40.0000 or any other applicable
				  requirement, or in the event that no person undertakes a necessary response
				  action, the Department may take any or all of the following actions:
(1) proceed to perform or arrange for the
				performance of the response action;
(2) negotiate a consent order with the RP,
				PRP or Other Person for the completion of the response action;
(3) issue an order under M.G.L. c. 21E,
				§§ 9 or 10, to the RP, PRP or Other Person to perform the response
				action; and
(4) take any other
				action and seek any other relief authorized by M.G.L. c. 21E,
				310
				CMR 40.0000 or any other law.