Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0031 - General Provisions for the Management of Remediation Waste

Current through Register 1525, July 5, 2024
(1) RPs, PRPs and
				Other Persons undertaking response actions shall manage Remediation Waste in a
				manner that ensures the protection of health, safety, public welfare and the
				environment, and shall handle, store, transport, treat, recycle, reuse, dispose
				or discharge Remediation Waste in compliance with the provisions of
				310
				CMR 40.0030 and all other applicable federal,
				state, and local laws, regulations and bylaws.
(2) RPs, PRPs and Other Persons conducting
				response actions shall consign, convey and/or transport Remediation Waste only
				to facilities and locations licensed, permitted, or approved to accept such
				materials by appropriate federal, state or local authorities.
(3) Response actions involving Remediation
				Waste which are conducted within the boundaries of a disposal site in
				compliance with the provisions of
				310
				CMR 40.0000 shall be considered, for the
				purposes of
				310
				CMR 30.801(11), remedial
				actions initiated by the Department under the provisions of M.G.L. c. 21E,
				except for those response actions involving Uncontainerized Hazardous Waste for
				which the Department has made a determination, pursuant to
				310
				CMR 40.0033(5), to require
				compliance with all or part of
				310 CMR
				30.000:
Hazardous Waste
. Otherwise, a
				valid license issued pursuant to M.G.L. c. 21C, and
				310 CMR
				30.000:
Hazardous Waste
shall not be
				required to manage Remediation Waste within the boundaries of a disposal site,
				provided such Remediation Waste is managed in compliance with M.G.L. c. 21E,
				and 310 CMR 40.0000.
(4) Response actions involving soil,
				groundwater, and Remediation Waste which are conducted in compliance with the
				provisions of
				310
				CMR 40.0032(3),
				40.0034, and
				40.0045(6) 
				are deemed to be response actions conducted in compliance with the approval
				provisions of M.G.L. c. 21E for the purposes of
				310
				CMR 30.252(2).
(5) Remediation Waste which meet the criteria
				defining a listed hazardous waste or which are themselves a characteristic
				hazardous waste shall be accumulated, treated, and stored or otherwise managed
				at a disposal site in a manner that achieves a level of control and protection
				equivalent to that provided by the technical and management requirements of
				310 CMR
				30.000:
Hazardous Waste
.
(6) Remediation Waste, Containerized Waste
				and Uncontainerized Waste which meet the criteria defining a listed or
				characteristic hazardous waste shall, when transported from a disposal site,
				comply with the requirements of
				310 CMR
				30.000:
Hazardous Waste
.
(7) All Remediation Waste shall be removed
				from a disposal site as soon as possible, and in all cases:
(a) within 120 days of its initial excavation
				or collection, unless it is managed in accordance with an Immediate Response
				Action Plan, Release Abatement Measure Plan or Remedy Implementation Plan
				submitted to the Department within this 120-day timeframe that provides
				specific actions, schedule and procedures for on-site storage, treatment, reuse
				or recycling of such Remediation Waste; or
(b) within 90 days of its initial excavation
				or collection if such Remediation Waste meets the criteria defining a listed or
				characteristic hazardous waste.