reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.42 - Duration of a Water Supply Emergency

Current through Register 1525, July 5, 2024
(1)
			 Except as provided in
			 310 CMR
			 36.40(3), a declaration of a
			 state of water supply emergency will remain in effect for six months following
			 the date of issuance unless revoked by the Department.
(2) No state of water supply emergency will
			 remain in effect for more than six months in the aggregate in any 12-month
			 period unless the Department determines that a longer state of emergency is
			 required to protect the public health, safety or welfare in all or in part of
			 the area served by the public water supplier.
(a) An extension may be granted on the
			 Department's initiative or at the request of the public water
			 supplier.
(b) The public water
			 supplier shall submit an update of any water supply emergency plan required by
			 the Department prior to the extension of a water supply emergency.
(c) The Department shall consider efforts
			 taken by the public water supplier to address the underlying causes of the
			 water supply emergency in reviewing the need for an extension.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.43 - Orders, Violations and Penalties

Current through Register 1525, July 5, 2024
(1)
			 The Department may issue orders or amend, suspend or terminate a permit as
			 necessary to aid in the implementation and enforcement of M.G.L. c. 21G and
			 310 CMR
			 36.00. Such orders may include, but shall not be
			 limited to, orders requiring persons to cease any activity which is in
			 violation of M.G.L. c. 21G or
			 310 CMR
			 36.00 or to carry out activities necessary to bring
			 such person into compliance. The Department may also require any person to
			 submit such information as the Department may reasonably require to evaluate
			 whether that person is subject to, or in violation of, M.G.L. c. 21G or
			 310 CMR
			 36.00.
(2)
Violations
. Without limitation, it shall be a
			 violation of M.G.L. c. 21G and
			 310 CMR
			 36.00 to:
(a) fail
			 to take an action required by M.G.L. c. 21G,
			 310 CMR
			 36.00, or the terms and conditions of any permit,
			 registration statement or order issued pursuant to M.G.L. c. 21G or
			 310 CMR
			 36.00;
(b)
			 make a water withdrawal or engage in any activity that is contrary to M.G.L. c.
			 21G, 310 CMR
			 36.00, or the terms and conditions of any permit,
			 registration statement or order issued pursuant to M.G.L. c. 21G and
			 310 CMR
			 36.00;
(c)
			 fail to submit a timely application for a permit or a permit renewal for an
			 activity that requires a permit pursuant to
			 310
			 CMR 36.16;
(d) make any false, inaccurate, incomplete or
			 misleading statement in any document submitted to the Department or required to
			 be kept by M.G.L. c. 21G or
			 310 CMR
			 36.00;
(e)
			 make any false, inaccurate, incomplete or misleading statement in any record,
			 report, plan, file, log, register or other document which the person submits to
			 the Department or is required to keep by the terms of a registration statement,
			 permit or order issued pursuant to
			 310 CMR
			 36.00; or
(f) fail to provide any information requested
			 by the Department pursuant to
			 310 CMR
			 36.00 or a permit, registration statement or order
			 issued pursuant to
			 310 CMR
			 36.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.44 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				310 CMR
				36.00 or its application is held invalid, such
				invalidity shall not affect other provisions or applications of
				310 CMR
				36.00 which can be given effect without the invalid
				provision or application, and the provisions of
				310 CMR
				36.00 are declared to be severable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0001 - Authority

Current through Register 1525, July 5, 2024
310 CMR 40.0001 through
				  40.9999, cited collectively
				  as 310 CMR 40.0000, are
				  promulgated by the Commissioner of the Department of Environmental Protection
				  under M.G.L. c. 21E, §§ 3(c), 3(d), 3(e), 3A(d), 3A(f), 3A(g), 3A(m),
				  3B, 5A, 6, 7 and 14, and M.G.L. c. 21A, § 2(28), M.G.L. c. 21C and M.G.L.
				  c. 111, § 160.
				  310
				  CMR 40.0000 collectively comprises the
				  Massachusetts Contingency Plan (the "MCP").
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0002 - Purpose

Current through Register 1525, July 5, 2024
(1) The purposes of
				the Massachusetts Contingency Plan are, without limitation, to:
(a) provide for the protection of health,
				safety, public welfare and the environment by establishing requirements and
				procedures for the following:
1. the
				prevention and control of activities which may cause, contribute to, or
				exacerbate a release or threat of release of oil and/or hazardous
				material;
2. notification of the
				Department in the event of certain releases or threats of release of oil and/or
				hazardous material;
3. assessment
				of the nature and extent of contamination and any threat to health, safety,
				public welfare or the environment caused by a release or threat of release of
				oil and/or hazardous material;
4.
				the evaluation of alternatives for remedial actions to abate, prevent, remedy
				or otherwise respond to a release or threat of release of oil and/or hazardous
				material;
5. the implementation of
				appropriate remedial actions to abate, prevent, remedy or otherwise respond to
				a release or threat of release of oil and/or hazardous material;
6. public involvement in decisions regarding
				response actions at disposal sites; and
7. the recovery of Costs incurred by the
				Commonwealth in responding to releases or threats of release of oil and/or
				hazardous material.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0003 - Applicability

Current through Register 1525, July 5, 2024
(1) The MCP applies
				to any person required by M.G.L. c. 21E to notify the Department of a release
				or threat of release of oil and/or hazardous material and/or to perform one or
				more response actions at any site in Massachusetts without regard to the level
				of Department oversight, if any, of response actions at the site.
(2) The MCP also applies to any other person
				who takes one or more response actions with respect to a site from or at which
				a release of oil and/or hazardous material has occurred or where a threat of
				release of oil and/or hazardous material exists.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0005 - Effective Dates

Current through Register 1525, July 5, 2024
(1)
									310
				CMR 40.0000, as published on January 13,
				1995, shall take effect on February 1, 1995, except for
				310
				CMR 40.0180 which shall take effect on
				February 24, 1995.
				310
				CMR 40.0000, as effective prior to February
				1, 1995, became effective on October 1, 1993, except for
				310
				CMR 40.0168 and
				310
				CMR 40.0600, which became effective on August
				2, 1993.
(2) Except as provided by
				310
				CMR 40.0600, response actions which were
				approved by the Department:
(a) prior to July
				20, 1992, and on or after October 3, 1988, shall be completed in a manner
				consistent with such approval and in accordance with
				310 CMR
				40.000, as effective prior to October 1, 1993, and
				M.G.L. c. 21E, as amended prior to July 20, 1992, and
(b) prior to October 1, 1993, and on or after
				July 20, 1992, shall be completed in a manner consistent with such approval and
				in accordance with
				310 CMR
				40.000, as effective prior to October 1, 1993, and
				M.G.L. c. 21E, as amended on July 20, 1992.
				310 CMR
				40.000 became effective on October 3, 1988, with the
				exception of
				310
				CMR 40.300 through
				310
				CMR 40.379 which became effective on August
				31, 1988.
Copies of
				  310 CMR
				  40.000, as effective prior to October 1, 1993
				  (
i.e.
the 1988 Massachusetts Contingency Plan), may be
				  obtained upon request from the Department for a nominal fee.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0006 - Terminology, Definitions and Acronyms

Current through Register 1525, July 5, 2024
(1)
				The definitions of the terms "site", "disposal site", "vessel", "release" and
				"threat of release" contained in M.G.L. 21E and this Contingency Plan display
				subtle differences. These terms are used in this Contingency Plan as follows:
(a) the terms "site" and "vessel" are used to
				refer to a place or area from or at which a release of oil and/or hazardous
				material has occurred or where a threat of release exists;
(b) the term "disposal site" is used to refer
				to a place or area where an uncontrolled release of oil and/or hazardous
				material from or at a site or vessel has come to be located.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0007 - Rules of Construction

Current through Register 1525, July 5, 2024
(1)
									310
				CMR 40.0000 shall be construed to effectuate
				the purposes of M.G.L. c. 21E.
(2)
				As used in
				310
				CMR 40.0000, words in the singular also
				include the plural.
(3) No
				provision of
				310
				CMR 40.0000 shall be construed to relieve any
				person from any obligation for Response Action Costs or damages related to a
				site or disposal site for which that person is liable under M.G.L. c. 21E or
				from any obligation for any administrative, civil or criminal penalty, fine,
				settlement, or other damages.
(4)
				No provision of
				310
				CMR 40.0000 shall be construed to limit the
				Department's authority to take or arrange for, or to require any person to
				perform, any response action authorized by M.G.L. c. 21E which the Department
				deems necessary to protect health, safety, public welfare or the
				environment.
(5) No provision of
				310
				CMR 40.0000 shall be construed to limit the
				Department's authority to reject or require modification of any submittal
				required by M.G.L. c. 21E,
				310
				CMR 40.0000, or any other permit, order, or
				determination issued thereunder if it determines that the submittal does not
				meet the requirements of the same.
(6) No provision of
				310
				CMR 40.0000 shall be construed to imply
				authorization by the Department to any person other than the Department, or the
				Department's employees, agents or contractors, to enter any real or personal
				property not owned by him or her to carry out a response action, or otherwise
				injure or interfere with any other person's rights or interests in real or
				personal property, without that person's consent.
(7) The provisions of
				310
				CMR 40.0000 are severable and if any
				provision or its application to any person or circumstance is held invalid, its
				invalidity shall not affect other provisions or applications which can be given
				effect without the invalid provision or application.
(8) No provision of
				310
				CMR 40.0000 shall be construed to relieve any
				person of the necessity of complying with all other applicable federal, state
				or local laws.
(9) No provision of
				310
				CMR 40.0000 shall be construed to create in
				any private party a right to publicly funded response or enforcement action or
				to create any duty of the Department to perform any response action at any
				particular time
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0008 - Computation of Time Periods and Deadlines

Current through Register 1525, July 5, 2024
(1)
General
. Unless
				otherwise specifically provided by law,
				310
				CMR 40.0000 or any order or determination
				issued pursuant to M.G.L. c. 21E or
				310
				CMR 40.0000, any time period or deadline
				prescribed or referred to in
				310
				CMR 40.0000 or in any order or determination
				issued pursuant to M.G.L. c. 21E or
				310
				CMR 40.0000 shall begin with the first day
				following the act which initiates the running of the time period, and shall
				include every calendar day, including the last day of the time period so
				computed. If the last day is a Saturday, Sunday, legal holiday, or any other
				day on which the offices of the Department are closed, the time period shall
				run to the end of the next business day.
(2)
Determining Date of Issuance
				of Document
. Except as provided by 310 CMR 40.0008(5), each
				document given by the Department to a person pursuant to M.G.L. c. 21E and/or
				310
				CMR 40.0000 shall be deemed to be issued by
				the Department as follows:
(a) if served in
				hand, the document shall be deemed to be issued on the date when delivered:
1. personally to the person; or
2. personally to any officer, employee, or
				agent of the person authorized by appointment of the person or by law to accept
				service; or
3. at the person's last
				known address in the Commonwealth; or
4. at the last known address of any officer,
				employee, or agent of the person authorized by appointment of the person or by
				law to accept service; or
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0010 - Effect of Orders and Appeals

Current through Register 1525, July 5, 2024
(1) The issuance
				of an order under M.G.L. c. 21E, §§ 9 or 10, or any appeal of an
				order issued under M.G.L. c. 21E, § 9, shall not prevent the Department
				from issuing any future order(s) or from taking any other action authorized by
				law, including, but not limited to, taking or arranging for one or more
				response actions at the disposal site which is the subject of the order on
				appeal.
(2) While an appeal from an
				order issued under M.G.L. c. 21E, § 9, is pending, the Department may
				provide, pursuant to M.G.L. c. 21E, § 10(b), for the order or any part
				thereof to become provisionally effective and enforceable immediately if the
				Department finds that an Imminent Hazard exists or could result pending
				avoidable delay in compliance.
(3)
				If the event described in 310 CMR 40.0010(2) occurs, those parts of the order
				which become provisionally effective and enforceable immediately shall not be
				subject to the provisions of M.G.L. c. 30A, or any other law, governing
				adjudicatory proceedings. Any person who receives and complies with the terms
				of such an order may petition the Department for reimbursement for the
				reasonable costs of such compliance in accordance with M.G.L. c. 21E, §
				10(b)(2), and
				310
				CMR 40.1200.
(4) While an appeal from a permit decision or
				order is pending, the Department may undertake such response actions as it
				deems reasonably necessary to protect health, safety, public welfare or the
				environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0011 - Confidentiality of Information

Current through Register 1525, July 5, 2024
(1) Any
				information, document, or particular part thereof, obtained by the Department
				or its Contractors pursuant to M.G.L. c. 21E, upon request shall be
				confidential, and shall not be considered to be a public record, when it is
				determined by the Commissioner in accordance with
				310 CMR
				3.00:
Access to and Confidentiality of
				Department Records and Files
that such information, record, or
				particular part thereof, relates to secret processes, methods of manufacture or
				production, or that such information, record, or particular part thereof, if
				made public, would divulge a trade secret.
(2) The Department shall be under no
				obligation to act upon any such request for confidentiality that is not made
				and substantiated in accordance with
				310
				CMR 3.24:
Requests for Protecting the
				Confidentiality of Trade Secrets
.
(3)310 CMR 40.0011 shall not prevent
				disclosure of any information necessary for an enforcement or cost recovery
				action or to comply with CERCLA or FWPCA or as otherwise provided by
				310 CMR
				3.00:
Access to and Confidentiality of
				Department Records and Files
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0013 - Presumption of Irreparable Harm

Current through Register 1525, July 5, 2024
Any violation of M.G.L. c. 21E,
				  310
				  CMR 40.0000, or any order or determination
				  issued thereunder, shall be presumed to constitute irreparable harm to health,
				  safety, public welfare, and the environment. Such presumption may be rebutted
				  by a preponderance of the evidence.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0014 - Document Retention

Current through Register 1525, July 5, 2024
(1)
General Requirements
. Each person who submits one or
				more LSP Opinions to the Department shall preserve and maintain, or arrange for
				the preservation and maintenance of, all documents in his or her possession,
				custody or control, and shall arrange for the preservation and maintenance of
				all documents prepared or received by the Licensed Site Professional who
				rendered the LSP Opinion in the course of providing Professional Services
				pertaining to the site, that are material to the LSP Opinion, including, but
				not limited to, documents of sufficient detail to substantiate the facts, data,
				conclusions and other information set forth in the LSP Opinion and any other
				documents material to the qualifications and limitations set forth therein.
				Such documents shall be kept at one or more locations reasonably accessible to
				the Department and in such form as to enable the Department to ascertain
				whether the response actions which are the subject of the LSP Opinion have been
				performed in compliance with the provisions of M.G.L. c. 21E,
				310
				CMR 40.0000 and any permit or order issued
				thereunder. Each such person shall make those documents available to the
				Department for inspection upon request. For purposes of 310 CMR 40.0014(1), the
				"person who submits one or more LSP Opinions to the Department" refers to the
				RP, PRP or Other Person who employed or engaged the LSP whose LSP Opinion is
				the subject of the submittal.
(2)
Period of Retention
. Any person required by 310 CMR
				40.0014(1) to preserve and maintain any document shall preserve and maintain
				those documents until at least five years has passed since the date of the
				Department's receipt of either a Permanent Solution Statement or No Further
				Action Letter for the disposal site that is the subject of the submittal, or
				for the duration of the design life of the Permanent Solution, whichever is
				later. For purposes of 310 CMR 40.0014(2), the term "design life" means the
				period of time during which any physical structures are intended to maintain a
				level of No Significant Risk at a disposal site, as stated in a Permanent
				Solution Statement or No Further Action Letter.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0015 - Content of Waste Site Cleanup Activity Opinions

Current through Register 1525, July 5, 2024
(1) Each and every LSP Opinion submitted to
				the Department pursuant to M.G.L. c. 21E or
				310
				CMR 40.0000 shall bear the signature and seal
				of the LSP who rendered the LSP Opinion and the date on which the LSP Opinion
				was rendered.
(2) An LSP rendering
				an LSP Opinion for submittal to the Department shall:
(a) identify in the LSP Opinion the material
				facts, data and other information known by him or her about the disposal site
				that is pertinent to the LSP Opinion; and
(b) disclose and explain in the LSP Opinion
				the material facts, data, other information, and qualifications and limitations
				known by him or her which may tend to support or lead to an LSP Opinion
				contrary to, or significantly different from, the one expressed.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0017 - Environmental Sample Collection and Analyses

Current through Register 1525, July 5, 2024
(1) Any person undertaking response actions
				under the provisions of this Contingency Plan shall ensure that analytical and
				environmental monitoring data used in support of recommendations, conclusions,
				or LSP Opinions with respect to assessment, removal, or containment actions are
				scientifically valid and defensible, and of a level of precision and accuracy
				commensurate with its stated or intended use.
(2) Procedures and methodologies employed for
				the collection and analysis of soil, sediment, water, vapor, air, and/or waste
				samples shall consist of:
(a) methods
				published by the Department, EPA, the American Society for Testing and
				Materials (ASTM), the American Public Health Association (APHA), the National
				Institute for Occupational Safety and Health (NIOSH), the American Water Works
				Association (AWWA), and other organizations with expertise in the development
				of standardized analytical testing methods;
(b) modification of published methods,
				provided that all modifications are completely documented; or
(c) unpublished methods, including analytical
				screening methods, provided that such methods are scientifically valid, are of
				a known and demonstrated level of precision and accuracy, and are completely
				described and documented in response action submittals.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0018 - Health and Safety Procedures

Current through Register 1525, July 5, 2024
(1) Any person
				undertaking response actions shall implement health and safety procedures
				designed to protect health, safety, public welfare and the environment during
				the performance of response actions. Such procedures shall include, without
				limitation, the following:
(a) measures to
				protect sensitive human populations from exposure to oil and/or hazardous
				material;
(b) the institution of
				air monitoring activities, if necessary, to protect the public from exposure to
				gases and air-borne particulates;
(c) measures that may be necessary to contain
				oil and/or hazardous material during the performance of response actions,
				including:
1. measures to control dust and
				other environmental media (
e.g.
wetting soils);
2. measures to decontaminate vehicles and
				equipment to minimize the spread of contaminated soil from the disposal
				site;
3. measures to secure on-site
				excavations and stockpiles of contaminated materials; and
4. discontinuance of response actions where
				necessary to protect public health and safety.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0019 - Violations of Environmental Restrictions

Current through Register 1525, July 5, 2024
(1) No person shall violate, suffer, allow or
				cause any person to violate, an Environmental Restriction or other covenant
				held by the Department pursuant to M.G.L. c. 21E, § 6.
(2) For purposes of identifying and holding
				persons responsible for Response Action Costs and damages arising out of the
				violation of an Environmental Restriction or other covenant held by the
				Department pursuant to M.G.L. c. 21E, § 6, the Department shall consider
				taking action against only those persons who have violated, suffered, allowed
				or caused such persons to violate, the Environmental Restriction or other
				restrictive covenant. In determining whether to initiate enforcement action
				against any other person who may be liable for such costs or damages under
				M.G.L. c. 21E, the Department shall consider each of the following:
(a) whether the Environmental Restriction or
				other restrictive covenant has been recorded and/or registered with the
				appropriate registry of deeds and/or land registration office in accordance
				with 310 CMR 40.1070 through
				40.1099;
(b) whether a level of No Significant Risk
				that relies on the Environmental Restriction or other Covenant has existed or
				has been achieved at the disposal site as set forth in the Permanent or
				Temporary Solution Statement;
(c)
				whether such person has taken appropriate steps to prevent the violation;
				and
(d) any other factor the
				Department deems relevant.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0020 - Violations of a Permanent Solution or Temporary Solution

Current through Register 1525, July 5, 2024
(1) If the activities, uses, and/or exposures
				upon which a Permanent Solution or Temporary Solution Statement is based change
				at any time to cause human or environmental exposure, or an increased potential
				for human or environmental exposure, to oil and/or hazardous material, without
				an evaluation by an LSP in accordance with
				310
				CMR 40.1080, where applicable, and without
				additional response actions, if necessary, to achieve or maintain a condition
				of No Significant Risk or No Substantial Hazard, then the owner and operator of
				the property or properties subject to the Permanent Solution or Temporary
				Solution Statement at the time that the activities, uses, and/or exposures
				change, and any person liable under M.G.L. c. 21E for the disposal site who has
				knowledge of such, shall:
(a) notify the
				Department, in accordance with the procedures set forth in
				310
				CMR 40.0300, immediately upon gaining
				knowledge of any of the following:
1. any
				such change in activity, use and/or exposure;
2. any level of oil and/or hazardous material
				above an applicable Reportable Concentration;
3. any release and/or threat of release of
				oil and/or hazardous material that results from any such change in activity or
				use; or
4. any Imminent Hazard that
				results from such activities, uses, and/or exposures; and
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0021 - Unlawful Interference with Response Actions

Current through Register 1525, July 5, 2024
No person shall falsify, tamper with, alter, destroy, disturb
				  or otherwise unlawfully interfere with any response action including, but not
				  limited to, any recovery or control mechanism or system, or any monitoring
				  device or method, which any person has undertaken, is undertaking or intends to
				  undertake, or which any person is required to perform or maintain, pursuant to
				  M.G.L. c. 21E,
				  310
				  CMR 40.0000 or any order or determination
				  issued by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0022 - Accurate and Timely Submittal of Documents

Current through Register 1525, July 5, 2024
(1) Except as provided by
				310
				CMR 40.0025, each person who is required by
				M.G.L. c. 21E,
				310
				CMR 40.0000 or any order or determination of
				the Department, to make one or more submittals to the Department shall make
				each submittal by the deadline or within the time period imposed
				therein.
(2) No person shall make,
				or cause any person to make, any false, inaccurate, incomplete or misleading
				statement in any document which that person submits, or causes any person to
				submit, to the Department pursuant to M.G.L. c. 21E,
				310
				CMR 40.0000 or any order or determination
				issued by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0023 - Accurate and Complete Record-keeping

Current through Register 1525, July 5, 2024
(1)
				No person shall make, or cause any person to make, any false, inaccurate,
				incomplete or misleading statement in any document which that person keeps or
				is required to keep pursuant to M.G.L. c. 21E,
				310
				CMR 40.0000 or any permit or order issued by
				the Department.
(2) No person shall
				knowingly fail to fully complete any document that such person is required to
				submit to the Department pursuant to M.G.L. c. 21E,
				310
				CMR 40.0000 or any permit or order issued by
				the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0024 - Timely Action and Anticipatory Noncompliance

Current through Register 1525, July 5, 2024
(1) Except as provided by
				310
				CMR 40.0025 and
				310
				CMR 40.0172, each person undertaking one or
				more response actions shall perform each such response action, or portion of a
				response action, by the deadline for taking the action imposed by M.G.L. c.
				21E, 310 CMR 40.0000 or any order
				or determination issued by the Department.
(2) In the event that the Department finds
				that a person who is undertaking a response action will likely fail to comply
				with any deadline for taking such action imposed by
				310
				CMR 40.0000 or any order or determination
				issued by the Department, the Department may require that person to provide the
				Department with reasonable assurance of his or her ability to perform the
				action in a timely manner, including a compliance schedule, financial assurance
				and such other assurances as the Department reasonably deems
				necessary.
(3)310 CMR 40.0024(2)
				shall not be construed to limit the Department's authority to establish Interim
				Deadlines in accordance with
				310
				CMR 40.0167.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0025 - Extensions of Deadlines and Time Periods for Force Majeure

Current through Register 1525, July 5, 2024
(1) Except as provided by 310 CMR 40.0025(2),
				if any
force majeure
occurs which causes or contributes to any
				delay in compliance with any deadline or time period specified in M.G.L. c.
				21E, 310 CMR 40.0000 or any order
				or determination issued by the Department, except a deadline or time period for
				providing notification of a release or threat of release of oil and/or
				hazardous material, or an Imminent Hazard, as required by
				310
				CMR 40.0300, the person(s) who is responsible
				for performing the response action shall notify the Department in writing
				promptly upon learning of the delay, and prior to the running of any such
				deadline or time period, and state the anticipated length and cause of the
				delay, the measure or measures to be taken to minimize the delay and a
				timetable for implementing those measures, and shall take appropriate measures
				to avoid or minimize any delay.
(2)
				Notwithstanding 310 CMR 40.0025(1), in the event of any delay in compliance
				with a deadline established by
				310
				CMR 40.0560, the person undertaking response
				actions shall comply with the requirements and procedures set forth in
				310
				CMR 40.0560.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0027 - Remedial Monitoring Report

Current through Register 1525, July 5, 2024
(1) For a
				disposal site for which the requirement to submit Remedial Monitoring Reports
				applies as of April 3, 2006, the first Remedial Monitoring Report shall be
				submitted:
(a) in accordance with
				310
				CMR 40.0425(7)(a)  when the
				remedial action that involves Active Operation and Maintenance is addressing an
				Imminent Hazard or Condition of Substantial Release Migration; or
(b) concurrently with the submittal of the
				next Status Report following the commencement of the remedial action that
				involves Active Operation and Maintenance when the remedial action is
				addressing conditions that do not pose an Imminent Hazard or Condition of
				Substantial Release Migration.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0028 - Well Installation, Geolocation, Maintenance and Security

Current through Register 1525, July 5, 2024
RPs, PRPs, and Other Persons undertaking response actions
				  shall ensure that any well installed or constructed for the purposes of
				  sampling, monitoring or remediating environmental media or environmental
				  conditions as part of response actions conducted under the MCP:
(a) is documented as to its location
				(latitude and longitude) in a form provided by the Department for such
				purposes; and
(b) is maintained and
				secured throughout its period of service and until it is properly
				decommissioned to prevent the introduction of contaminants to the subsurface
				environment or the exacerbation of groundwater contamination by the vertical
				movement of water within the borehole or annular space.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0030 - Management Procedures for Remediation Waste

Current through Register 1525, July 5, 2024
The provisions of
				  310
				  CMR 40.0031 through
				  310
				  CMR 40.0039, cited collectively as 310 CMR
				  40.0030, establish requirements and procedures for the management of
				  Remediation Waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0032 - Contaminated Media and Contaminated Debris

Current through Register 1525, July 5, 2024
(1) Contaminated Media and Contaminated
				Debris containing oil and/or waste oil at levels equal to or greater than an
				applicable Reportable Concentration specified in
				310
				CMR 40.0300 and
				310
				CMR 40.1600, and that are not otherwise a
				hazardous waste, shall be managed in compliance with the provisions of
				310
				CMR 30.252(1)  or, in
				accordance with the provisions of
				310
				CMR 30.252(2), shall be
				managed under the Bill of Lading process described in
				310
				CMR 40.0034 or under a Hazardous Waste
				Manifest in accordance with
				310 CMR
				30.000:
Hazardous Waste
when they are
				transported from a disposal site.
(2) Contaminated Media and Contaminated
				Debris containing one or more hazardous materials at levels equal to or greater
				than an applicable Reportable Concentration specified in
				310
				CMR 40.0300 and
				310
				CMR 40.1600, and which are not a hazardous
				waste, shall be managed under the Bill of Lading process described in
				310
				CMR 40.0034 or under a Hazardous Waste
				Manifest in accordance with
				310 CMR
				30.000:
Hazardous Waste
when they are
				transported from a disposal site.
(3) Soils containing oil or waste oil at
				concentrations less than an otherwise applicable Reportable Concentration and
				that are not otherwise a hazardous waste, and soils that contain one or more
				hazardous materials at concentrations less than an otherwise applicable
				Reportable Concentration and that are not a hazardous waste, may be transported
				from a disposal site without notice to or approval from the Department under
				the provisions of this Contingency Plan, provided that such soils:
(a) are not disposed or reused at locations
				where the concentrations of oil or hazardous materials in the soil would be in
				excess of a release notification threshold applicable at the receiving site, as
				delineated in
				310
				CMR 40.0300 and
				310
				CMR 40.1600; and
(b) are not disposed or reused at locations
				where existing concentrations of oil and/or hazardous material at the receiving
				site are significantly lower than the levels of those oil and/or hazardous
				materials present in the soil being disposed or reused.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0033 - Uncontainerized Waste

Current through Register 1525, July 5, 2024
(1) Remedial
				actions involving the storage, collection, treatment, disposal, containment,
				recycling or reuse of uncontainerized oil or waste oil within the boundaries of
				a disposal site shall be conducted in compliance with
				310
				CMR 40.0000.
(2) RPs, PRPs and Other Persons who store
				Uncontainerized Hazardous Waste at a site, excluding oil or waste oil, shall do
				so in accordance with the management requirements of
				310 CMR
				30.000:
Hazardous Waste
. When storing
				such waste at a site for a period greater than 90 days the RP, PRP or Other
				Person shall provide, for the purposes of
				310
				CMR 30.801(11), written
				documentation to the Department in the next response action submittal that:
(a) the storage complies with the management
				requirements of
				310 CMR
				30.000:
Hazardous Waste;
(b) provides a description of the type,
				quantity, and generation rate of any Uncontainerized Hazardous Waste being
				stored or accumulated;
(c) provides
				justification for storage longer than 90 days; and
(d) includes a projected timeline for storage
				of such wastes.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0034 - Bill of Lading Process

Current through Register 1525, July 5, 2024
(1) Remediation
				Waste transported from a site under a Bill of Lading process, as described in
				310
				CMR 40.0030, shall be transported under a
				Bill of Lading in a form established by the Department for such purposes, which
				shall contain, without limitation, the information, Opinions and certifications
				listed at
				310
				CMR 40.0035.
(2) Remediation Waste managed under a Bill of
				Lading process shall not be transported from a site until all information,
				opinions, and certifications required in
				310
				CMR 40.0035(1)(a) through
				(i) are obtained by the RP, PRP or Other
				Person conducting response actions.
(3) Except as provided in 310 CMR 40.0034(4),
				Remediation Waste which is managed under the Bill of Lading process:
(a) shall only be stored at the site of
				excavation or collection;
(b) shall
				be stored in a secure manner protective of health, safety, public welfare and
				the environment in accordance with
				310
				CMR 40.0036; and
(c) shall be removed from the site of
				excavation or collection as soon as possible, and in all cases within 120 days
				of its initial excavation or collection, unless an Immediate Response Action
				Plan, Release Abatement Measure Plan, or Remedy Implementation Plan is
				submitted to the Department within this 120-day timeframe, and in accordance
				with all applicable provisions of
				310
				CMR 40.0000, proposing specific actions and
				procedures for on-site storage, treatment, reuse or recycling of such
				Remediation Waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0035 - Bill of Lading Form

Current through Register 1525, July 5, 2024
(1) The Bill of
				Lading shall contain, at a minimum, the following information, opinions and
				certifications:
(a) the address of the
				disposal site where the Remediation Waste was originally excavated or
				collected, and the address of any interim stockpiling, storage, and/or
				consolidation location;
(b) the
				name, address and telephone number of the RP, PRP or Other Person conducting
				the response action;
(c) the name
				and address of the transporter;
(d)
				the name and address of the receiving facility or location;
(e) except for Bills of Lading completed for
				Limited Removal Actions, as described in
				310
				CMR 40.0318, the Release Tracking Number for
				the disposal site where the Remediation Waste originated;
(f) the estimated volume of Remediation Waste
				that will be shipped to the receiving facility;
(g) the nature and composition of Remediation
				Waste that will be shipped to the receiving facility or storage location and
				the applicable Reportable Concentration reporting category for soil and/or
				groundwater described at
				310
				CMR 40.0360 associated with such Remediation
				Waste;
(h) the signature and seal
				of a Licensed Site Professional related to the rendering of an Opinion on the
				adequacy of testing and assessment actions undertaken to characterize the
				Remediation Waste, and on whether the Remediation Waste, as characterized,
				conforms with permitting and regulatory requirements for acceptance at the
				receiving facility or location, or the dated signature of an authorized
				representative of the Department, certifying the adequacy of testing and
				assessment actions undertaken to characterize the Remediation Waste, and
				approving of its shipment to the listed receiving facility or
				location;
(i) the dated signature
				of the RP, PRP or Other Person conducting the response action, certifying the
				accuracy and completeness of the Bill of Lading, as specified in
				310
				CMR 40.0009; and
(j) upon completion of all shipping
				activities, the dated signature of a representative of the receiving facility
				or location, attesting to the total volume or weight of Remediation Waste
				received by the facility or location.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0036 - Management Requirements for Storing Remediation Waste

Current through Register 1525, July 5, 2024
(1) All Remediation Waste shall be stored in
				a secure manner to prevent exposure to humans and the environment.
(2) Where practicable, the stockpiling or
				consolidating of Remediation Waste near sensitive human health receptors such
				as public and private water supply wells or sensitive environmental receptors
				such as wetlands, surface water bodies or marine environments shall be
				avoided.
(3) All Remediation Waste
				stored at the site of generation or at a temporary storage location shall be
				placed entirely on a base composed of an impermeable material, and shall be
				immediately covered with the same material or other suitable material so as to
				minimize the infiltration of precipitation, volatilization of contaminants and
				erosion of the stockpile. Any cover material used shall be properly secured and
				possess the necessary physical strength to resist tearing by the
				wind.
(4) Any failure of materials
				or procedures used in employing the base layer or cover layer as described in
				310 CMR 40.0036(3) shall be immediately repaired, replaced or resecured so as
				to minimize precipitation infiltration, volatilization, and erosion/runoff of
				the Remediation Waste.
(5) All
				soils when transported upon public roadways shall be covered to minimize
				fugitive dust, and where necessary truck tire and undercarriage washing shall
				be employed to minimize tracking of soils onto public roadways.
(6) Movement and/or aeration of Remediation
				Waste stockpiles shall be limited to those activities that are necessary to
				manage such stockpiles in accordance with
				310
				CMR 40.0000. Landfarming of soil stockpiles
				is prohibited, unless appropriate steps have been taken to minimize and treat
				potential air emissions pursuant to
				310
				CMR 40.0049.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0040 - Management Procedures for Remedial Wastewater and Remedial Additives

Current through Register 1525, July 5, 2024
The provisions of
				  310
				  CMR 40.0041 through
				  310
				  CMR 40.0047, cited collectively as 310 CMR
				  40.0040, establish requirements and procedures for the management of Remedial
				  Wastewater and/or Remedial Additives, and for the construction, installation,
				  modification, operation and maintenance of treatment works for the management
				  of Remedial Wastewater and/or Remedial Additives.