reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1003 - General Provisions for Permanent and Temporary Solutions

Current through Register 1525, July 5, 2024
(1) All necessary
				and required response actions under
				310
				CMR 40.0000 shall not have been conducted at
				a site or disposal site, unless and until a level of No Significant Risk exists
				or has been achieved and a Permanent Solution has been achieved in accordance
				with 310 CMR 40.1000.
(2) RPs, PRPs and Other Persons conducting
				response actions at any site for which notification of a release or threat of
				release of oil and/or hazardous material is required pursuant to
				310
				CMR 40.0300 shall achieve a Permanent or
				Temporary Solution and submit a Permanent or Temporary Solution Statement to
				the Department in accordance with the requirements of
				310
				CMR 40.1000 within the deadlines established
				in 310 CMR 40.0500, or any other
				deadline established under
				310
				CMR 40.0000 or any determination or order
				issued by the Department. In such cases where a Temporary Solution is achieved,
				a Permanent Solution must eventually be achieved when such Permanent Solution
				becomes feasible.
(3) A Permanent
				or Temporary Solution may be achieved, and a Permanent or Temporary Solution
				Statement may be submitted for an entire site, disposal site or a portion of a
				disposal site.
(4) The location of
				a site for which a Permanent or Temporary Solution applies shall be clearly and
				accurately identified in the Permanent or Temporary Solution Statement. The
				boundaries of a disposal site or portion of a disposal site for which a
				Permanent or Temporary Solution applies shall be clearly and accurately
				delineated and provided in documentation submitted with the Permanent or
				Temporary Solution Statement.
(5)
Source Elimination or Control
. A Permanent or
				Temporary Solution shall not be achieved unless and until response actions are
				taken to adequately identify and address Sources of OHM Contamination at the
				disposal site. Such response actions shall ensure:
(a) for a Permanent or Temporary Solution,
				all unpermitted releases of OHM to the environment are eliminated;
(b) for a Permanent Solution, all Sources of
				OHM Contamination are eliminated, or if they are not eliminated, they are
				eliminated to the extent feasible and they are controlled;
(c) for a Temporary Solution, all Sources of
				OHM Contamination are eliminated or controlled to the extent
				feasible.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1004 - Performance Standards for Permanent and Temporary Solutions

Current through Register 1525, July 5, 2024
(1) A Permanent or
				Temporary Solution shall be supported by assessments and evaluations conducted
				pursuant to
				310
				CMR 40.0000 which:
(a) are of sufficient scope, detail, and
				level of effort to characterize the risk of harm to health, safety, public
				welfare and the environment posed by the site or disposal site pursuant to
				310
				CMR 40.0900;
(b) are consistent with the Response Action
				Performance Standard described in
				310
				CMR 40.0191;
(c) are commensurate with the nature and
				extent of the release or threat of release and complexity of site
				conditions;
(d) demonstrate that
				all requirements of the applicable Permanent or Temporary Solution pursuant to
				310
				CMR 40.1000 have been met; and
(e) conform with applicable requirements and
				procedures for conducting response actions specified in
				310
				CMR 40.0000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1005 - Defining "Foreseeable Period of Time" for Purposes of a Permanent Solution

Current through Register 1525, July 5, 2024
(1) A Permanent
				Solution shall ensure a level of control of each identified substance of
				concern at a site or in the surrounding environment such that no such substance
				of concern shall present a significant risk of harm to health, safety, public
				welfare or the environment during any foreseeable period of time, considering
				existing site conditions and reasonably foreseeable future changes in site
				conditions, including anticipated impacts associated with climate
				change.
(2) "Any foreseeable period
				of time" shall mean the period of time during which the conditions for
				achieving and maintaining a level of No Significant Risk upon which a Permanent
				Solution is based will remain in effect.
(a)
				For Permanent Solutions with No Conditions, "any foreseeable period of time"
				shall be an unlimited period of time;
(b) For Permanent Solutions with Conditions,
				"any foreseeable period of time" shall be the shortest period of time, as
				applicable, that:
1. Activity and Use
				Limitations, where required to maintain a Permanent Solution, remain in
				effect;
2. Exposure Pathway
				Mitigation Measures, where required to maintain a Permanent Solution, remain in
				effect; or
3. other conditions on
				which the Permanent Solution with Conditions is based for which an Activity and
				U se Limitation is not required, as specified at
				310
				CMR 40.1013, remain in effect.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1012 - Application of Activity and U se Limitations

Current through Register 1525, July 5, 2024
(1) The purpose of an Activity and Use
				Limitation is to narrow the scope of exposure assumptions used to characterize
				risks to human health from a release pursuant to
				310
				CMR 40.0900, by specifying activities and
				uses that are prohibited and allowed at the disposal site in the future. 310
				CMR 40.1012 establishes rules for determining when an Activity and Use
				Limitation must be used, when one cannot be used, and when one may be a factor
				to be considered in appropriately characterizing soil and groundwater at a
				disposal site, pursuant to
				310
				CMR 40.0923(3).
(2) Except as provided in 310 CMR 40.1012(3)
				and 310 CMR 40.1013, Activity and
				Use Limitations shall be required:
(a) at all
				disposal sites or portions of disposal sites for which a Permanent Solution and
				the risk characterization pursuant to
				310
				CMR 40.0900 used to support the Permanent
				Solution are based upon the restriction or limitation of Site Activities and
				Uses to achieve or maintain a level of No Significant Risk including:
1. any disposal site or portion of a disposal
				site for which a Permanent Solution is based on MCP Method 1 or 2 Soil
				Standards and the Exposure Point Concentrations of oil and/or hazardous
				material exceed the S-1 standards but meet applicable S-2 or S-3
				standards;
2. any disposal site or
				portion of a disposal site where a Method 3 Risk Characterization performed
				pursuant to 310 CMR 40.0990 relies on reduced exposure potential due to the
				assumption of limited site use; and
3. any disposal site or portion of a disposal
				site at which the oil and/or hazardous material in soil located at a depth
				greater than 15 feet from the ground surface exceeds an applicable Method 3
				Ceiling Limit in Soil listed at
				310
				CMR 40.0996(7)  or
				determined at
				310
				CMR 40.0996(8);
				and
4. any disposal site or portion
				of a disposal site where visible coal tar waste deposits are located at a depth
				greater than 15 feet from the ground surface pursuant to
				310
				CMR 40.0997(3).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1013 - Limitations, Assumptions and Conditions on Site Activities and Uses That Do Not Require an AUL

Current through Register 1525, July 5, 2024
(1) An Activity and
				Use Limitation shall not be required if the Permanent Solution is based upon
				one or more of the following limitations, assumptions or conditions on Site
				Activities and Uses and an Activity and Use Limitation is not otherwise
				required pursuant to
				310
				CMR 40.1012(2):
(a) the recommendation of Best Management
				Practices for Non-commercial Gardening in a residential setting to minimize and
				control potential risk pursuant to
				310
				CMR 40.0923(3)(c)  and
				310
				CMR 40.0942(1)(e);
(b) the concentrations of OHM at the disposal
				site are consistent with Anthropogenic Background levels;
(c) the location of residual contamination
				within a public way or within a Rail Right-of-way; or
(d) the absence of an occupied building or
				structure in an area in which the groundwater would otherwise be classified as
				GW-2 pursuant to
				310
				CMR 40.0932(6), and where
				the residual concentrations of OHM in the groundwater exceed the GW-2 standards
				published in
				310
				CMR 40.0974(2).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1020 - Background Levels of Oil and Hazardous Material

Current through Register 1525, July 5, 2024
(1) At any disposal site or portion of a
				disposal site where one or more remedial actions are undertaken to achieve a
				Permanent Solution, those remedial actions shall include, where feasible, one
				or more measures designed to reduce to the extent possible the concentrations
				of oil and hazardous material to levels that would exist in the absence of the
				disposal site of concern. Such measures shall, to the extent feasible, achieve
				or approach Background levels of oil and hazardous material in the environment
				as Background is defined in
				310
				CMR 40.0006.
(2) No further response actions are required
				at any disposal site where the concentrations of oil and hazardous material in
				the environment have been reduced to Background levels.
(3) The feasibility of reducing the
				concentrations of oil and hazardous material in the environment at a disposal
				site or portion of a disposal site to levels that achieve or approach
				Background levels shall be evaluated using the criteria described in
				310
				CMR 40.0860, except where it can be
				demonstrated that Background levels have been met.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1027 - Active Exposure Pathway Mitigation Measure Remote Monitoring Registration

Current through Register 1525, July 5, 2024
(1) Remote
				monitoring devices required pursuant to
				310
				CMR 40.1025(3)(d)  and
				310
				CMR 40.1026(3)(d),
				respectively, must be registered with the Department as specified in 310 CMR
				40.1027.
(2) A complete remote
				monitoring registration requires:
(a)
				submission of an initial registration to the Department on a form provided by
				the Department for such purpose;
(b) demonstration that the remote monitoring
				device is capable of immediately transmitting alerts when the vacuum level (or
				interior pressure level, if applicable) is outside of the acceptable range and
				when the vacuum level (or interior pressure level, if applicable) returns to
				normal via email to the Department in the format specified by the Department
				and contains, at a minimum, the RTN, device number, event description, date of
				the event and time of the event;
(c) for remote monitoring devices that
				continuously monitor and continuously transmit key operational data of the
				Active Exposure Pathway Mitigation Measure to a website that meets Department
				specifications, the Uniform Resource Locator (URL) for such website and
				demonstration that the remote monitoring device is capable of transmitting key
				AEPMM operational data to such website; and
(d) receipt of written confirmation from the
				Department that the registration is complete.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1030 - Categories of Permanent and Temporary Solutions

Current through Register 1525, July 5, 2024
(1) Permanent or Temporary Solutions are
				categorized under 310 CMR 40.1030 through
				40.1050 as Permanent
				Solutions with No Conditions, Permanent Solutions with Conditions and Temporary
				Solutions.
(2) The specific
				category of Permanent or Temporary Solution applicable to a site, disposal site
				or portion of a disposal site shall be established based upon the following
				factors:
(a) whether the site or disposal site
				poses No Significant Risk;
(b)
				whether all Substantial Hazards posed by the disposal site have been
				eliminated;
(c) whether the risk
				characterization depends upon assumed limitations on current or future
				conditions, activities or uses, including the implementation of Active or
				Passive Exposure Pathway Mitigation Measures;
(d) whether one or more Activity and Use
				Limitations are required under the provisions of
				310
				CMR 40.1012 to maintain a level of No
				Significant Risk;
(e) whether
				concentrations of oil and/or hazardous material at a site exceed Method 3
				Ceiling Limits in Soil and Groundwater listed at
				310
				CMR 40.0996(7);
				and
(f) whether site conditions are
				consistent with Natural Background or Anthropogenic Background.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1040 - Permanent Solutions

Current through Register 1525, July 5, 2024
(1) Permanent
				Solutions shall apply where:
(a) a level of
				No Significant Risk, as specified in
				310
				CMR 40.0900, exists or has been
				achieved;
(b) all Sources of OHM
				Contamination have been eliminated or controlled, as specified in
				310
				CMR 40.1003(5)(a) and
				(b);
(c) control of plumes of dissolved OHM in
				groundwater and vapor-phase OHM in the Vadose Zone has been achieved as
				specified in
				310
				CMR 40.1003(6)(a);
(d) NAPL, if present, has been addressed as
				specified in
				310
				CMR 40.1003(7)(a);
(e) all threats of release have been
				eliminated; and
(f) the level of
				oil and/or hazardous material concentrations in the environment have been
				reduced to as close to Background levels as feasible as specified at
				310
				CMR 40.1020.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1041 - Categories of Permanent Solutions

Current through Register 1525, July 5, 2024
There are two categories of Permanent Solution: Permanent
				  Solution with No Conditions and Permanent Solution with Conditions.
(1) Permanent Solution with No Conditions
				shall apply to:
(a) disposal sites or portions
				of a disposal site where the requirements of
				310
				CMR 40.1040(1)  have been
				achieved;
(b) disposal sites or
				portions of a disposal site where oil and/or hazardous material concentrations
				do not exceed an applicable Method 3 Ceiling Limit in Soil or Groundwater
				listed at
				310
				CMR 40.0996(7), unless such
				levels are consistent with Natural Background;
(c) disposal sites or portions of a disposal
				site where a level of No Significant Risk exists and will be maintained for all
				current and foreseeable future use of the site without relying upon:
1. assumed limitations on current or future
				site activities, uses or conditions, that require an Activity and Use
				Limitation, as specified in
				310
				CMR 40.1012(2); or
2. assumed limitations on current or future
				site activities, uses or conditions, that do not require an Activity and Use
				Limitations pursuant to
				310
				CMR 40.1013; and
(d) sites where response actions have
				eliminated all threats of release and no release of oil and/or hazardous
				material to the environment has occurred.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1050 - Temporary Solutions

Current through Register 1525, July 5, 2024
(1) Temporary
				Solutions shall apply to disposal sites or portions of a disposal site where:
(a) a condition of No Substantial Hazard
				exists and has been documented pursuant to
				310
				CMR 40.0956;
(b) all Sources of OHM Contamination have
				been identified, characterized, and to the extent feasible, eliminated or
				controlled as specified in
				310
				CMR 40.1003(5)(a) and
				(c);
(c) control of plumes of dissolved OHM in
				groundwater and vapor-phase OHM in the Vadose Zone has been achieved to the
				extent feasible as specified in
				310
				CMR 40.1003(6)(b);
(d) NAPL, if present, has been addressed as
				specified in
				310
				CMR 40.1003(7)(b);
				and
(e) it is concluded, after
				completion of a Phase III evaluation pursuant to
				310
				CMR 40.0850, that:
1. response actions to achieve a Permanent
				Solution are not currently feasible; or
2. response actions to achieve a Permanent
				Solution are feasible and shall be continued toward a Permanent
				Solution.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1055 - Transition Provisions

Current through Register 1525, July 5, 2024
(1) As of June
				20, 2014, all Class A-1, A-2 and B-1 Response Action Outcomes submitted to the
				Department prior to June 20, 2014 shall be Permanent Solutions with No
				Conditions.
(2) As of June 20,
				2014, all Class A-3, A-4, B-2 and B-3 Response Action Outcomes submitted to the
				Department prior to June 20, 2014 shall be Permanent Solutions with
				Conditions.
(3) As of June 20,
				2014, all Class C-1 Response Action Outcomes submitted to the Department prior
				to June 20, 2014 shall be Temporary Solutions as described in
				310
				CMR
				40.1050(1)(e)1.
(4) As of June 20, 2014, all Class C-2
				Response Action Outcomes submitted to the Department prior to June 20, 2014
				shall be Temporary Solution as described in
				310
				CMR
				40.1050(1)(e)2.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1056 - Content of Permanent Solution Statements

Current through Register 1525, July 5, 2024
(1) A Permanent Solution Statement shall be
				submitted by a RP, PRP or Other Person, on a form established by the Department
				for such purposes, and shall include, at a minimum, the following:
(a) the site or disposal site name, address
				and DEP Release Tracking Number(s);
(b) whether it is a Permanent Solution with
				No Conditions or a Permanent Solution with Conditions;
(c) except where the concentrations of oil
				and/or hazardous material are consistent with or have been reduced to
				Background or where a threat of release has been abated, the Method(s) (Methods
				1, 2 or 3) used to characterize the risk of harm posed by the disposal site to
				health, safety, public welfare and the environment, pursuant to
				310
				CMR 40.0900;
(d) the relationship of the Permanent
				Solution Statement to any other Permanent or Temporary Solution Statements that
				have been filed for the disposal site, if applicable, together with a statement
				as to whether any additional response actions are needed for any other portions
				of the disposal site;
(e)
				indication as to whether the Permanent Solution includes the implementation of
				an Activity and Use Limitation, and if so, the type of Activity and Use
				Limitation implemented at the disposal site;
(f) indication as to whether the Permanent
				Solution is based upon assumptions about the current or future site activities,
				uses or conditions that do not require an Activity and Use Limitation pursuant
				to 310 CMR 40.1013 and a
				description of those assumptions;
(g) indication as to whether the Permanent
				Solution is based upon the effective operation of one or more Active Exposure
				Pathway Mitigation Measures pursuant to
				310
				CMR 40.1025;
(h) except where specifically exempted by the
				Department based upon the Department's level of involvement in the oversight of
				response actions at the site or disposal site, an Opinion from a Licensed Site
				Professional as to whether the requirements of the applicable category of
				Permanent Solution specified in
				310
				CMR 40.1000 have been met;
(i) a certification of the Permanent Solution
				Statement and all documents submitted with the Permanent Solution Statement as
				required by
				310
				CMR 40.0009;
(j) indication as to whether oil and/or
				hazardous material exceed one or more applicable Method 3 Ceiling Limits in
				Soil or Groundwater, as described at
				310
				CMR 40.0996;
(k) indication as to whether the analytical
				data used to support the Permanent Solution was generated pursuant to the
				Department's Compendium of Analytical Methods; and
(l) confirmation that no stockpiled/ stored
				Remediation Waste requiring management or disposal remains at the site,
				disposal site or portion of a disposal site for which the Permanent Solution
				Statement applies.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1057 - Content of Temporary Solution Statements

Current through Register 1525, July 5, 2024
(1) A Temporary Solution Statement shall be
				submitted by a RP, PRP or Other Person on a form established by the Department
				for such purposes, and shall include, at a minimum, the following:
(a) the site or disposal site name, address
				and DEP Release Tracking Number(s);
(b) the Method(s) (Methods 1, 2 or 3) used to
				characterize the risk of harm posed by the disposal site to health, public
				welfare and the environment, pursuant to
				310
				CMR 40.0900;
(c) the relationship of the Temporary
				Solution Statement to any other Permanent or Temporary Solution Statements that
				have been filed for the disposal site, if applicable, together with a statement
				as to whether any additional response actions are needed for any other portions
				of the disposal site;
(d)
				indication as to whether achievement of a Permanent Solution is feasible at the
				disposal site or portion of the disposal site and whether response actions
				toward a Permanent Solution are continuing;
(e) indication as to whether the Temporary
				Solution includes the implementation of an Activity and Use Limitation, and if
				so, the type of Activity and Use Limitation implemented at the disposal
				site;
(f) indication as to whether
				the Temporary Solution includes the operation of one or more Active Exposure
				Pathway Mitigation Measures pursuant to
				310
				CMR 40.1026;
(g) except where specifically exempted by the
				Department based upon the Department's level of involvement in the oversight of
				response actions at the site or disposal site, an Opinion from a Licensed Site
				Professional as to whether the requirements of the Temporary Solution specified
				in 310 CMR 40.1000 have been
				met;
(h) a certification of the
				Temporary Solution Statement and all documents submitted with the Temporary
				Solution Statement as required by
				310
				CMR 40.0009;
(i) indication as to whether oil and/or
				hazardous material exceed one or more applicable Method 3 Ceiling Limits in
				Soil or Groundwater, as described at
				310
				CMR 40.0996; and
(j) indication as to whether the analytical
				data used to support the Temporary Solution was generated pursuant to the
				Department's Compendium of Analytical Methods.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1066 - Effect of Permanent or Temporary Solutions on Fees

Current through Register 1525, July 5, 2024
(1) Upon receipt of a Permanent Solution
				Statement, the Department shall suspend the further assessment of Annual
				Compliance Assurance Fees; provided however, that payment of such fees shall be
				required for the billable year in which the Permanent Solution is provided to
				the Department.
(2) Upon receipt of
				a Temporary Solution Statement filed in accordance with
				310
				CMR 40.1000, the Department shall suspend the
				further assessment of Tier I or Tier II Annual Compliance Assurance Fees,
				whichever are applicable, and shall assess a Temporary Solution Annual
				Compliance Assurance Fee pursuant to
				310
				CMR 4.03:
Annual Compliance Assurance
				Fee
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1067 - Remedial Actions After a Response Action Outcome has been Submitted to the Department

Current through Register 1525, July 5, 2024
(1) 310 CMR 40.1067
				applies to remedial actions conducted at a disposal site after a Permanent
				Solution Statement has been submitted to the Department.
(2) Nothing in 310 CMR 40.1067 shall affect
				any person's duty to notify the Department of a release(s) or threat of
				release(s) in accordance with M.G.L. c. 21E, and
				310
				CMR 40.0000 or limit the Department's
				authority to establish site-specific requirements for response actions,
				including response actions to address a violation(s) or
				deficiency(ies).
(3) When remedial
				actions are conducted after the submittal of a Permanent Solution Statement at
				a disposal site pursuant to 310 CMR 40.1067, Remediation Waste shall be managed
				in accordance with the provisions of
				310
				CMR 40.0030 and Remedial Wastewater shall be
				managed in accordance with the provisions of
				310
				CMR 40.0040.
(4) For remedial actions conducted after the
				submittal of a Permanent Solution with No Conditions the following requirements
				shall apply:
(a) a Tier Classification or
				Extension thereof is not required;
(b) unless otherwise specified by the
				Department, no documentation, including a revised Permanent Solution Statement,
				is required to be maintained by the person conducting response actions or
				submitted to the Department, but may be maintained or submitted voluntarily;
				and
(c) unless otherwise specified
				by the Department, public involvement activities pursuant to
				310
				CMR 40.1400 are not required.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1070 - Implementation of Activity and Use Limitations

Current through Register 1525, July 5, 2024
(1) One or more of
				the following Activity and Use Limitations shall be implemented at each
				disposal site or portion of a disposal site where the Activity and Use
				Limitation is necessary and appropriate to meet the requirements of
				310
				CMR 40.1012 or
				310
				CMR 40.0111(8):
(a) a Grant of Environmental Restriction,
				implemented in accordance with
				310
				CMR 40.1071;
(b) an Environmental Restriction implemented
				by the Department, in accordance with
				310
				CMR 40.1073; or
(c) a Notice of Activity and Use Limitation,
				implemented in accordance with
				310
				CMR 40.1074.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1071 - Grants of Environmental Restrictions for Disposal Sites Where a RP, PRP or Other Person Conducts Response Actions

Current through Register 1525, July 5, 2024
(1)
General Requirements
At any disposal site or portion
				of a disposal site where a RP, PRP or Other Person is conducting a response
				action(s) for which a Grant of Environmental Restriction has been selected as a
				form of Activity and Use Limitation pursuant to
				310
				CMR 40.1070, the following requirements shall
				be met:
(a) the Grant of Environmental
				Restriction shall be prepared using Form 1072A set forth in
				310
				CMR 40.1099;
(b) an Activity and Use Limitation Opinion
				from a Licensed Site Professional shall be submitted on a form prescribed by
				the Department with each Grant of Environmental Restriction as an exhibit of
				the Restriction and shall specify:
1. why the
				Grant of Environmental Restriction is appropriate to:
a. achieve and/or maintain a level of No
				Significant Risk for a Permanent Solution; or
b. achieve a condition of No Substantial
				Hazard for a Temporary Solution;
2. Site Activities and Uses to be prohibited
				and/or restricted;
3. Site
				Activities and Uses to be permitted; and
4. obligations and conditions necessary to
				meet the objectives of the Grant of Environmental
				Restriction;
(c) the
				Grant of Environmental Restriction shall be submitted to the Department for the
				Commissioner's signature with the applicable fee pursuant to
				310 CMR
				4.00; and
(d) the Grant of Environmental Restriction,
				signed by the Commissioner, shall be recorded and/or registered as specified in
				310 CMR 40.1071(3). Acceptance of any such Restriction shall not be construed
				or deemed to imply Department approval of the adequacy of any response actions
				performed at the disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1072 - Process for Applying for a Grant of Environmental Restriction

Current through Register 1525, July 5, 2024
(1) The Department
				shall review each application for a Grant of Environmental Restriction to
				ensure that it conforms to all requirements established herein for such
				instrument.
(2) An application for
				a Grant of Environmental Restriction shall consist of:
(a) a completed Form 1072A and, if
				applicable, Form 1072B, set forth in
				310
				CMR 40.1099;
(b) all other applicable documents set forth
				in 310 CMR 40.1071;
				and
(c) a certification of title
				issued to the Department by an insured title examiner certifying title in the
				Grantor, and including all encumbrances of record.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1073 - Environmental Restrictions for Disposal Sites Where the Department Conducts Response Actions

Current through Register 1525, July 5, 2024
(1) The Department may impose Environmental
				Restrictions upon any disposal site for which the Department conducts a
				response action. Any Environmental Restriction imposed by the Department shall
				be recorded and/or registered in the appropriate Registry of Deeds and/or Land
				Registration Office.
(2) The
				Department may impose and record and/or register an Environmental Restriction
				if the property owner fails to record or register an Environmental Restriction
				in accordance with
				310
				CMR 40.1071, and may seek to recover the
				Costs thereof.
(3) In the event
				that the Department establishes an administrative record pursuant to
				310
				CMR 40.1300 for a response action that
				consists, in whole or in part, of the imposition of an Environmental
				Restriction by the Department, the Department shall include the Environmental
				Restriction in the administrative record.
(4) In the event that the Department does not
				establish an administrative record pursuant to
				310
				CMR 40.1300 for a response action that
				consists, in whole or in part, of the imposition of an Environmental
				Restriction by the Department, the Department shall provide to the following
				persons notice of such intent to impose an Environmental Restriction:
(a) any owner of the property whose name and
				address is known to the Department;
(b) any other person having a recorded or
				registered ownership interest in the property whose name and/or address is
				known to the Department;
(c) any
				person having an unrecorded or unregistered ownership interest in the property
				whose interest, name and address is known to the Department; and
(d) any person having an unrecorded or
				unregistered ownership interest in the property whose interest, name, and
				address is unknown to the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1074 - Notice of Activity and Use Limitation

Current through Register 1525, July 5, 2024
(1)
General Requirements.
At any disposal site or portion
				of a disposal site where a RP, PRP or Other Person is conducting a response
				action(s) for which a Notice of Activity and Use Limitation has been selected
				as a form of Activity and Use Limitation pursuant to
				310
				CMR 40.1070, the following requirements shall
				be met:
(a) a Notice of Activity and Use
				Limitation shall include all of the information specified in 310 CMR 40.1074(2)
				and be fully documented using Form 1075 set forth in
				310
				CMR 40.1099;
(b) the Activities and Uses, and obligations
				and conditions specified in a Notice of Activity and U se Limitation to
				maintain a level of No Significant Risk or No Substantial Hazard, shall be
				established in accordance with
				310
				CMR 40.0900 and
				310
				CMR 40.1012;
(c) a Notice of Activity and Use Limitation
				shall be recorded and/or registered as specified in 310 CMR
				40.1074(3);
(d) Prior to the
				recording and/or registration of a Notice of Activity and Use Limitation
				pursuant to 310 CMR 40.1074(3), current holders of any record interest(s) in
				the area subject to the proposed Notice (including without limitation, owners,
				lessees, tenants, mortgagees, and holders of easements or licenses) shall be
				notified by certified mail, return receipt requested, of the existence and
				location of oil and/or hazardous material within such area and the terms of
				such proposed Notice. Such proposed Notice of Activity and Use Limitation shall
				not be recorded and/or registered until at least 30 days after such
				notification of current record interest holders has occurred, unless all
				parties receiving such notification provide a written waiver of the 30-day
				waiting period to the property owner;
(e) the person(s) signing the Notice of
				Activity and Use Limitation shall submit a statement, on a form prescribed by
				the Department, certifying that:
1. the
				person(s) or entity identified as the property owner(s) on the Notice owned the
				property at the time the Notice was recorded and/or registered pursuant to 310
				CMR 40.1074(3); and
2. record
				interest-holders were notified of the proposed Notice pursuant to 310 CMR
				40.1074(1)(d);
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1075 - Form of Notice of Activity and Use Limitation

Current through Register 1525, July 5, 2024
Any person who intends to limit the Site Activities and Uses
				  of property through a Notice of Activity and Use Limitation shall complete Form
				  1075 set forth in
				  310
				  CMR 40.1099 in accordance with
				  310
				  CMR 40.1074, or, in the case of CERCLA sites,
				  a form developed and approved by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1080 - Changes in Site Activities and/or Uses or Other Site Conditions after an Activity and Use Limitation Has Been Filed

Current through Register 1525, July 5, 2024
(1)
Evaluation of Contemplated
				Site Activity and/or Use Changes
. Where a Permanent or Temporary
				Solution is based upon certain restrictions, limitations and/or conditions on
				Site Activities and/or Uses, any contemplated Site Activity and/or Use that is
				not specifically permitted by an Activity and Use Limitation and that may
				invalidate the condition of No Significant Risk or No Substantial Hazard,
				whichever is applicable were it to occur, shall be evaluated by an LSP before
				such Site Activity and/or Use is implemented. Such evaluation shall be
				submitted to the Department using a transmittal form provided for such purpose
				and shall include:
(a) an LSP Opinion on a
				form prescribed by the Department as to whether, based on an evaluation of the
				contemplated Site Activity and/or Use pursuant to the risk characterization
				process in
				310
				CMR 40.0900, a condition of No Significant
				Risk or No Substantial Hazard, whichever is applicable, will continue to exist
				if the contemplated changes in Site Activity and/or Use were to
				occur;
(b) the risk
				characterization conducted pursuant to
				310
				CMR 40.0900 evaluating the contemplated Site
				Activity and/or Use on which the LSP Opinion in 310 CMR 40.1080(1)(a) is based;
				and
(c) a response action plan in
				accordance with
				310
				CMR 40.1067 and
				310
				CMR 40.0000 that specifies any additional
				response actions necessary to maintain or achieve a condition of No Significant
				Risk or No Substantial Hazard for the contemplated Site Activity and/or Use and
				the objectives of the Activity and Use Limitation, if any such LSP Opinion
				indicates that a condition of No Significant Risk or No Substantial Hazard,
				whichever is applicable, would no longer be met as a result of the contemplated
				changes in Site Activity and/or Use.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1081 - Amendment of Activity and Use Limitations

Current through Register 1525, July 5, 2024
(1) An Activity and Use Limitation shall be
				amended where pursuant to the LSP Opinion required by
				310
				CMR 40.1080 such amendment of an Activity and
				Use Limitation is deemed necessary to meet the objectives of the Activity and
				Use Limitation (
e.g
., either to maintain a level of No
				Significant Risk, or No Substantial Hazard for the new or altered Site
				Activities and Uses).
(2) An
				Activity and Use Limitation may also be amended to expand or reduce the list(s)
				of restricted and/or permitted Site Activities and Uses, and obligations and/or
				conditions listed therein based on changed circumstances or other
				grounds.
(3)
Amending a
				Grant of Environmental Restriction
. Grant of Environmental
				Restriction shall be amended in accordance with the following:
(a) an Amendment to Grant of Environmental
				Restriction shall be prepared using Form 1082A set forth in
				310
				CMR 40.1099;
(b) if a person(s) signing the Amendment to
				Grant of Environmental Restriction is not an individual signing on his or her
				own behalf, but rather on behalf of an entity (LLC, LLP, limited partnership,
etc
.), or as trustee, executor, or attorney in fact,
				documentation of the person(s) signatory authority, as described in
				310
				CMR 40.1071(2)(c), shall be
				submitted as an exhibit to the Amendment to Grant of Environmental
				Restriction;
(c) the Amendment to
				Grant of Environmental Restriction shall be submitted to the Department for the
				Commissioner's signature, with a certification of title issued to the
				Department certifying title in the Grantor and including all encumbrances of
				record, any necessary subordination agreements, the Activity and Use Limitation
				Opinion required by 310 CMR 40.1081(1) and the applicable fee pursuant to
				310 CMR
				4.00;
(d)
				the Amendment to Grant of Environmental Restriction shall be recorded and/or
				registered by the property owner at the appropriate Registry(ies) of Deeds
				and/or Land Registration Office(s) within 30 days of the property owner's
				receipt from the Department of the amendment as approved by the
				Commissioner;
(e) local officials
				and the public shall be informed of the Amendment to Grant of Environmental
				Restriction pursuant to
				310
				CMR 40.1403(7);
				and
(f) within 30 days of recording
				and/or registering any Amendment to Grant of Environmental Restriction, the
				property owner shall submit to the Department:
1. a certified Registry copy of the Amendment
				to Grant of Environmental Restriction bearing the book and page/instrument
				number and/or document number; and
2. If the property subject to the Grant of
				Environmental Restriction is unregistered land, a Registry copy of the Grant of
				Environmental Restriction being amended.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1082 - Process for Amending Grant of Environmental Restriction

Current through Register 1525, July 5, 2024
(1) The Department shall review each
				application for an Amendment to a Grant of Environmental Restriction to ensure
				that it conforms to all requirements established herein for such
				instruments.
(2) An application for
				an Amendment to Grant of Environmental Restriction shall consist of:
(a) a completed Form 1082A, set forth in
				310
				CMR 40.1099;
(b) all other applicable documents set forth
				in 310 CMR 40.1081:
				and
(c) a certification of title
				that meets the requirements of
				310
				CMR 40.1072(2).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1083 - Release or Termination of Activity and Use Limitations

Current through Register 1525, July 5, 2024
(1)
General
. A
				recorded and/or registered Activity and Use Limitation shall be released,
				partially released, terminated, or partially terminated in accordance with 310
				CMR 40.1083, specifically:
(a) In cases where
				an Activity and U se Limitation is no longer necessary to maintain a level of
				No Significant Risk or No Substantial Hazard as a result of additional response
				actions that have been conducted at a disposal site or a portion of a disposal
				site pursuant to
				310
				CMR 40.0000, change in conditions at a
				disposal site or a portion of a disposal site, or a change in MCP requirements:
1. a Grant of Environmental Restriction shall
				be released in accordance with 310 CMR 40.1083(2) using Form 1084A or 310 CMR
				40.1083(4) using Form 1083A (for a partial release); and
2. a Notice of Activity and Use Limitation
				shall be terminated in accordance with 310 CMR 40.1083(3) using Form 1084B or
				310 CMR 40.1083(5) using Form 1083B (for a partial termination);
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1084 - Process for Implementing a Release of Grant of Environmental Restriction or Partial Release of Grant of Environmental Restriction

Current through Register 1525, July 5, 2024
(1) The Department shall conduct a review of
				each application for a Release of Grant of Environmental Restriction or Partial
				Release of Grant of Environmental Restriction to ensure that it conforms to all
				legal requirements for such instruments.
(2) An application for a Release of Grant of
				Environmental Restriction shall consist of a completed Form 1084A, set forth in
				310
				CMR 40.1099, in addition to all other
				applicable documents set forth in
				310
				CMR 40.1083.
(3) An application for a Partial Release of
				Grant of Environmental Restriction shall consist of a completed Form 1083A, set
				forth in
				310
				CMR 40.1099, in addition to all other
				applicable documents set forth in
				310
				CMR 40.1083.
(4) An application for a Release of Grant of
				Environmental Restriction or Partial Release of Grant of Environmental
				Restriction shall not be deemed complete if the Department determines that the
				application:
(a) fails to contain all
				required information listed in
				310
				CMR 40.1083;
(b) fails to include the applicable fee
				established by
				310
				CMR 4.10(10)(i)4.;
				or
(c) is incorrectly filled
				out.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1085 - Correction of Notices of Activity and Use Limitation

Current through Register 1525, July 5, 2024
(1) Except as provided by 310 CMR 40.1085(2),
				scriveners' errors and other non-substantive errors or omissions in a recorded
				Notice of Activity and Use Limitation, or in any Amendment, Partial Termination
				or Termination thereof, may be corrected by implementing a Confirmatory
				Activity and Use Limitation in accordance with 310 CMR 40.1085;
(2) A Confirmatory Activity and Use
				Limitation may not be used if the property subject to the Notice of Activity
				and Use Limitation is registered land or to correct substantive errors or
				omissions in a recorded Notice of Activity and Use Limitation or Amendment. In
				such cases, the errors must be corrected by either:
(a) terminating the Notice of Activity and
				Use Limitation in accordance with
				310
				CMR 40.1083(1)(b)  and
				310
				CMR 40.1083(3)  and
				immediately implementing a new Notice of Activity and Use Limitation in
				substitution thereof, in accordance with
				310
				CMR 40.1074; or
(b) if the instrument being corrected is an
				Amendment to Notice of Activity and Use Limitation, implementing a new
				amendment in accordance with
				310
				CMR 40.1081.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1090 - Public Involvement Requirements

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 Permanent or Temporary Solution Opinions specifically
				include
				310
				CMR 40.1403(3)(f)  and may
				include, but are not limited to, those activities set forth at
				310
				CMR 40.1403(7) and (8) and
				310
				CMR 40.1406.
(2) If the disposal site for which a
				Permanent or Temporary Solution Opinion is rendered is a Public Involvement
				Plan Site, then a Public Involvement Plan that is consistent with
				310
				CMR 40.1405 shall be implemented.