Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0041 - General Provisions for the Management of Remedial Wastewater and/or Remedial Additives

Current through Register 1525, July 5, 2024
(1)
In
				General
. RPs, PRPs and Other Persons performing response actions
				at a disposal site pursuant to M.G.L. c. 21E, and
				310
				CMR 40.0000 shall manage Remedial Wastewater
				and/or Remedial Additives in a manner adequate to protect health, safety,
				public welfare, and the environment, and in compliance with the applicable
				provisions of M.G.L. c. 21E,
				310
				CMR 40.0000, and all other laws, regulations,
				orders, permits, and approvals applicable to such response actions. Remedial
				Wastewater transported from a disposal site is subject to the Remediation Waste
				management requirements of
				310
				CMR 40.0030.
(2)
Discharges to Surface
				Water
. No person performing response actions at a disposal site
				shall discharge Remedial Wastewater and/or Remedial Additives into any Surface
				Water, or construct, install, modify, operate or maintain an outlet or
				treatment works for such a discharge, except as provided by M.G.L. c. 21E, and
				310
				CMR 40.0000.
(3)
Discharges to the Ground
				Surface or Subsurface and/or Groundwater
. No person performing
				response actions at a disposal site shall discharge Remedial Wastewater and/or
				Remedial Additives to the ground surface or subsurface and/or groundwater, or
				construct, install, modify, operate or maintain an outlet or treatment works
				for such a discharge, except as provided by M.G.L. c. 21E, and
				310
				CMR 40.0000.
(4)
Licensure under M.G.L. c.
				21C
. Response actions involving Remedial Wastewater and/or
				Remedial Additives 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. A
				valid license issued pursuant to M.G.L. c. 21C, and
				310 CMR
				30.000:
Hazardous Waste
shall not be
				required to manage Remedial Wastewater and/or Remedial Additives within the
				boundaries of a disposal site, provided such Remedial Wastewater and/or
				Remedial Additives are managed in compliance with M.G.L. c. 21E, and
				310
				CMR 40.0000.
(5)
Construction, Installation or
				Modification of Treatment Works
. RPs, PRPs and Other Persons
				performing response actions that involve the construction, installation or
				modification of treatment works for the management of Remedial Wastewater
				and/or Remedial Additives shall construct, install and modify such works in a
				manner adequate to protect health, safety, public welfare, and the environment,
				and in compliance with M.G.L. c. 21E, and
				310
				CMR 40.0000.
(6)
Operation and Maintenance of
				Treatment Works
. RPs, PRPs, and Other Persons operating or
				maintaining treatment works for the management of Remedial Wastewater and/or
				Remedial Additives shall:
(a) Operate and
				maintain such works in a manner adequate to protect health, safety, public
				welfare, and the environment, and in compliance with M.G.L. c. 21E and
				310
				CMR 40.0000.
(b) Inspect such treatment works upon initial
				operation and at regular intervals thereafter. The frequency of such
				inspections shall be conducted in conformance with the requirements specified
				in 310 CMR 40.0040 and any
				Department, USEPA, POTW, or Non-Publicly Owned Treatment Works permit or
				approval. In addition, such persons shall inspect such treatment works upon any
				modification of the treatment works. At a minimum, such inspection shall
				determine:
1. the total volume of remedial
				wastewater treated since the previous inspection;
2. the average flow rate of the system at the
				time of the inspection;
3. the
				total volume of any non-aqueous phase oil or hazardous material recovered since
				the previous inspection; and
4.
				whether any maintenance activities are necessary to ensure that continued
				operation of the treatment works shall comply with the applicable
				requirements.
(c) Keep
				and maintain a log for such treatment works. At a minimum, the RP, PRP, or
				Other Person shall record the following in the log:
1. the name and affiliation of the person
				performing such inspection;
2. the
				date and time of such inspection;
3. the total volume of remedial wastewater
				treated since the previous inspection;
4. the average flow rate of the system at the
				time of the inspection;
5. the
				total volume of any non-aqueous phase oil or hazardous material recovered since
				the previous inspection;
6. a
				description of any maintenance activities performed during the inspection, or
				to be scheduled as a result of the inspection; and
7. a description of any problems or potential
				problems observed during the inspection.
(d) Keep maintenance and inspection log books
				and records in a secure on-site building. If a secure on-site building is not
				available, then such records shall be kept by the operator of the treatment
				works at an off-site location.