reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1406 - Notification to Owners of Property within the Boundaries of a Disposal Site

Current through Register 1525, July 5, 2024
(1) Any person(s)
				conducting response action(s) at a disposal site shall provide written notice
				on a form established by the Department for such purpose and in accordance with
				the requirements of
				310
				CMR 40.1403(2)(a)  to the
				owner(s) of property(ies) within the boundaries of the disposal site as
				depicted and/or described pursuant to
				310
				CMR 40.0835(4)(b)  and/or
				310
				CMR 40.1056(2)(a)  that said
				property(ies) (or a portion of the property(ies)) is within the disposal site
				boundaries. The person(s) conducting response actions at the disposal site
				shall:
(a) provide the following information
				in or with the written notice:
1. a copy of
				the disposal site map or description of disposal site boundaries prepared
				pursuant to
				310
				CMR 40.0835(4)(b)  and/or
				310
				CMR 40.1056(2)(a)  showing
				or describing the boundaries of the disposal site;
2. a copy of the conclusions prepared
				pursuant to
				310
				CMR 40.0835(4)(i)  or
				310
				CMR 40.1056;
3. a statement that Public Involvement
				Activities are available under
				310
				CMR 40.1400; and
4. the name, address and telephone number of
				a contact person representing the person(s) conducting response actions who may
				be contacted for additional information on the disposal site;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1450 - Technical Assistance Grants

Current through Register 1525, July 5, 2024
310 CMR 40.1450 through
				  310
				  CMR 40.1499, cited collectively as 310 CMR
				  40.1450, specifies terms and conditions of eligibility for, and use of,
				  technical assistance grants.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1451 - Purpose and Scope of Technical Assistance Grants

Current through Register 1525, July 5, 2024
(1) The Department may provide for limited
				grants in order to:
(a) provide access to
				expert advice and technical assistance;
(b) encourage more effective participation in
				the response action process by promoting access to and use of information;
				and
(c) allow issues of concern
				related to the disposal site to be addressed.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1452 - Grant Availability

Current through Register 1525, July 5, 2024
(1) Grants shall
				be made available to affected persons described in
				310
				CMR 40.1453, subject to the provisions of
				310
				CMR 40.1451 through
				310
				CMR 40.1462 and to the availability of
				funding.
(2) For each disposal
				site, there shall be no more than one grant available per funding round.
(3) Grants may be made to single
				organizations for technical assistance activities at more than one disposal
				site. However, no applicant shall receive more than one grant in a funding
				round.
(4)
Grant
				Amounts
.
(a) At the start of each
				funding round, the Department shall designate a maximum amount for any single
				grant.
(b) Any other source of
				funding obtained by an applicant for expert advice or technical assistance
				shall not be subtracted from any specified grant maximum designated by the
				Department provided the total of grant funds received by the grantee from all
				sources shall not exceed 100% of the total cost of the proposed
				project.
(c) The maximum grant
				amount(s) shall be set forth in the notice to be published by the Department
				pursuant to
				310
				CMR 40.1455.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1453 - Eligible Applicants

Current through Register 1525, July 5, 2024
(1) The
				Department may provide for limited grants to be given to the following affected
				persons:
(a) any group of individuals who may
				be affected by oil and/or hazardous material from any eligible disposal site,
				or
(b) any city, town or agency
				thereof which may be affected by oil and/or hazardous material from any
				eligible disposal site, or
(c) any
				district or other body politic that owns or operates a public water supply
				system which may be affected by oil and/or hazardous material from any eligible
				disposal site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1454 - Eligible Activities

Current through Register 1525, July 5, 2024
(1) Eligible
				activities for grants may include, but are not limited to:
(a) interpretation, review or critique of
				technical analyses related to a disposal site as presented in reports developed
				by or on behalf of the Department, RPs, PRPs, Other Persons, or by other public
				or private entities. Such reports may include, but are not limited to:
1. the scope of work for Phase II; the Phase
				II Report; the Phase III - Remedial Action Plan; the Phase IV - Remedy
				Implementation Plan, As-built Construction Report, and the Final Inspection
				Report; the Phase V - Inspection and Monitoring Report; and
2. sampling and analysis plans;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1455 - Notice Provisions

Current through Register 1525, July 5, 2024
(1) For each
				funding round, the Department shall publish a notice in the
Environmental Monitor
and on the Department's website
				announcing the availability of grants, application procedures and deadlines.
				The availability of grants shall also be announced by the Department with any
				List of Disposal Sites published pursuant to
				310
				CMR 40.0168.
(2) Information about the availability of
				technical assistance grants shall also be published by the person(s)
				responsible for the conduct of the response action at the disposal site as part
				of other public notices published pursuant to this Contingency Plan.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1456 - Grant Application Process

Current through Register 1525, July 5, 2024
Grant applications shall be received and evaluated by the
				  Department in accordance with the following procedures:
(1) The Department may establish one or more
				funding rounds and application periods each year. The Department may extend any
				application period at its discretion. Should an application period be extended,
				the Department shall publish notice thereof in the
Environmental
				Monitor
and on the Department's website.
(2) Applications received after the close of
				the application period shall not be considered for a grant in that funding
				round.
(3) Grant applications shall
				be submitted on a Technical Assistant Grant Application Form provided by the
				Department, together with any other documentation required by the
				Department.
(4) Any applicant
				applying for a grant shall submit a Technical Assistance Grant Application Form
				which shall include the following types of information:
(a) a detailed description of the applicant's
				proposed project and a schedule for completing the project;
(b) a description of the applicant's efforts
				to identify and include affected individuals, including the applicant's efforts
				to publicize its interest in applying for the grant and in soliciting interest
				by others in joining its efforts;
(c) a description of the impacts of the
				disposal site on health, safety, public welfare, and the environment;
(d) a description of the applicant's history
				and experience, if any, in conducting activities similar to those proposed in
				the application;
(e) a copy of the
				applicant's bylaws, if any;
(f)
				documentation that the applicant will meet the requirements set forth in
				310
				CMR 40.1453;
(g) information and documentation describing
				the background and qualifications of the types of consultants to be employed by
				the applicant;
(h) a description of
				the applicant's procedures for supervision and accountability of experts and
				for management of grant-funded activities;
(i) a description of the applicant's
				procedures for financial management and accounting of grant funds;
(j) an explanation and schedule indicating
				how the requirements of
				310
				CMR 40.1453(2)  shall be met
				if a grant is awarded to the applicant;
(k) a description of how the grantee will
				measure the project's success in meeting its goals and objectives, including a
				list of specific performance standards that will be used in that evaluation
				process; and
(l) if the applicant
				has ever received a technical assistance grant or grants pursuant to this
				Contingency Plan, a description of the relationship between any incomplete or
				unfinished project or projects for which said grant funds were received and the
				project for which the applicant is currently applying for a grant.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1457 - Grant Selection Process

Current through Register 1525, July 5, 2024
(1) Grant
				Applications shall be evaluated based upon the criteria set forth in the
				application package which shall consider without limitation: the proposal's
				potential to address a balance between technical education, and community
				outreach and participation; and the relative impact of the disposal site
				location on health, safety, public welfare and the environment (including
				consideration of whether the disposal site location is within an Economic
				Target Area or area designated as an Environmental Justice
				Community).
(2) In each funding
				round, the Department shall rank the applications according to a weighted value
				assigned for the criteria set forth in the application package. This ranking
				shall be used by the Department to establish a grant funding priority list that
				shall indicate which grants are likely to be funded during that funding round.
				The Department may determine the number of grants on the grant funding priority
				list based on the following considerations:
(a) the Department's administrative capacity
				to manage the technical assistant grant program at the time the grant funding
				priority list is established; and
(b) the total amount of funding available for
				the grant program in a given round.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1458 - Payment Method

Current through Register 1525, July 5, 2024
Payment of a grant award to a grantee shall be made as
				  reimbursement for costs incurred by the grantee and shall be subject to
				  310
				  CMR 40.1450 through
				  310
				  CMR 40.1462. The terms and conditions of
				  payment, and all required supporting documentation to be submitted by the
				  grantee prior to payment shall be set forth in the Grant
				  Agreement.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1459 - Fiscal Management of Grants

Current through Register 1525, July 5, 2024
(1) The grantee is
				responsible for complying with
				310
				CMR 40.1451 through
				310
				CMR 40.1462 and the terms and conditions
				contained in the Grant Agreement. This responsibility shall not be delegated,
				transferred, or assigned by the grantee.
(2) The grantee shall establish for its
				project a separate account in a bank with insurance coverage by the Federal
				Deposit Insurance Corporation (FDIC). Project funds and all interest earned on
				such funds shall be credited to said account and all project payments shall be
				made from said account.
(3) The
				grantee shall maintain a financial management system which shall provide for
				effective control over and accountability for all project funds. Grantees shall
				safeguard all such funds and ensure that they are used solely as authorized by
				the Grant Agreement.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1460 - Records to be Maintained by Grantees

Current through Register 1525, July 5, 2024
(1)
				The grantee shall maintain books, records, documents, and supporting evidence
				which shall fully explain the source, amount, and disposition of all grant
				funds.
(2) The grantee shall
				require its contractors, including contractors for professional services, to
				maintain accurate books, documents, papers, and records which are pertinent to
				the project.
(3) The grantee and
				contractors of the grantee shall retain all records for a period of at least
				three years from the date of the final grant payment, and longer if required
				pursuant to 310 CMR 40.1460(5).
(4)
				The grantee and its contractors shall make records available to the Department
				at all reasonable times for inspection, copying, and auditing.
(5) The grantee and its contractors shall
				retain all records relating to disputes until all appeals, litigation, claims,
				or exceptions arising out of the grantee's project have been fully
				resolved.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1461 - Inspection of Projects

Current through Register 1525, July 5, 2024
The Department may, at a reasonable time and upon reasonable
				  notice, conduct an inspection at any location where a grantee's project is
				  being carried out.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart P - MASSACHUSETTS OIL AND HAZARDOUS MATERIAL LIST › Section 40.1600 - Massachusetts Oil and Hazardous Material List

Current through Register 1525, July 5, 2024
TABLE OF CONTENTS
TABLE 1 -
				  MASSACHUSETTS OIL AND HAZARDOUS MATERIAL LIST (ALPHABETICAL LISTING)
NOTES:
The Massachusetts Oil and Hazardous Materials List (MOHML)
				  contains oils and hazardous materials subject to
				  310
				  CMR 40.0000 and their reportable quantities
				  (RQs) and reportable concentrations (RCs). These values are referred to in the
				  notification requirements (310 CMR
				  40.0300). This list is organized
				  alphabetically by chemical name and includes the unique Chemical Abstracts
				  Service Number (CAS Number) assigned to a substance and references to other
				  lists on which a substance appears, each such other list identified by the
				  following name source codes:
< Name Source 1 - The Department of Transportation (DOT)
				  Hazardous Materials List ( 49 CFR Part 172.101 Hazardous Materials
				  Table)
< Name Source 2 - The Resource Conservation and Recovery
				  Act Appendix VIII List ( 40 CFR Part 261 - Appendix VIII Hazardous
				  Constituents)
< Name Source 3 - The Comprehensive Environmental
				  Response, Compensation, and Liability Act (CERCLA) Hazardous Substance and
				  Waste Stream Lists ( 40 CFR Part 302 - Table 302.4)
< Name Source 4 - The Extremely Hazardous Substance List
				  as mandated by Superfund Amendments and Reauthorization Act, Title III, Section
				  302 ( 40 CFR Part 355 Appendices A and B)
< Name Source 5 - DEP Allowable Ambient Limits (AALs) and
				  Drinking Water Guidelines
< Name Source 6 - The Massachusetts Substance List
				  (MSL)(105 CMR
				  670.000:
"Right to Know"
Appendix
				  A)
< Name Source 7 - The Chemical Abstracts name, 9th
				  collective period, 1972-1976
< Name Source 8 - The EPA Right to Know list, Section 313
				  of the Emergency Planning and Community Right to Know Act of 1986 ( 40 CFR Part
				  372.65 ).
Click to
				  view image
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.01 - Purpose

Current through Register 1525, July 5, 2024
310 CMR 42.00 establishes a
				program for Department certification of laboratories to conduct analytical
				measurements for purposes of determining chemical, radiochemical, and
				microbiological parameters in environmental samples.
Alaboratory performing any analyses as a Department-certified
				laboratory, as indicated by the use of its Massachusetts laboratory
				certification identification number on or included with any issued report, is
				subject to the requirements of
				310 CMR 42.00 for those
				analyses for which it holds Department certification and that it identifies in
				the report as having been conducted in accordance with the Department's
				certification standards.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.02 - Applicability

Current through Register 1525, July 5, 2024
A laboratory performing analyses shall be subject to the
				requirements of
				310 CMR 42.00 for those
				analyses for which it holds Department certification and that it identifies in
				any issued report as having been conducted in accordance with the Department's
				certification standards. An analysis for which a laboratory holds Department
				certification is deemed to be identified in a report as having been conducted
				in accordance with the Department's certification standards unless the report
				expressly states that the analysis was not conducted in accordance with the
				Department's certification standards.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.04 - Application Procedure

Current through Register 1525, July 5, 2024
(1)
Filing
. An application for certification in one or
			 more matrices, disciplines, or categories shall be submitted on forms provided
			 by the Department.
(2)
Inspection
. The applicant must submit to an inspection
			 of the laboratory to enable the Department to determine whether the laboratory
			 satisfies the Department's standards for certification.
(3)
Proficiency
			 Testing
. The applicant must satisfactorily analyze samples from a
			 proficiency testing program approved by the Department for the matrices,
			 disciplines, and categories for which certification is sought.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.05 - Certification Matrices, Disciplines and Categories

Current through Register 1525, July 5, 2024
Qualified applicants may be certified in one or more of the
				following matrices, disciplines and categories:
(1)
Potable Water
.
			 Certification in this matrix applies to analyses of drinking water supplies for
			 purposes of, but not limited to, determining compliance with
			 310 CMR
			 22.00:
Drinking Water Regulations.
Certification in this matrix may be obtained in any or all of the
			 following disciplines and categories:
(a)
Microbiology
. Certification in this discipline may be
			 obtained in any or all of the following categories:
1. Total Coliform (Water Treatment and
			 Distribution);
2.
Escherichia coli
(Water Treatment and Distribution);
3. Heterotrophic Plate Count;
4. Total Coliform in Source Water;
5. Fecal Coliform in Source Water;
6.
Escherichia coli
in
			 Source Water;
7. Enterococci in
			 Source Water.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.06 - Laboratory Certification Ratings

Current through Register 1525, July 5, 2024
The Department shall classify a laboratory by matrix,
				discipline, and category according to the following rating scheme:
(1)
Certified
- the
			 laboratory meets the Department's minimum requirements for certification and is
			 deemed capable of producing Valid Data;
(2)
Provisionally
			 Certified
- the Department deems the laboratory capable of
			 producing Valid Data despite minor deficiencies;
(3)
Not Certified
-
			 the laboratory fails to meet the Department's minimum requirements for
			 certification and is deemed incapable of consistently producing Valid
			 Data.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.07 - Criteria for Certification

Current through Register 1525, July 5, 2024
(1)
Proficiency Testing
. Satisfactory performance in the
			 proficiency testing program is accomplished when the analytes in a category are
			 correctly identified and acceptably quantified. Criteria for acceptability
			 shall be set by the Department for each analyte in each discipline and
			 category. Continued unsatisfactory performance in the analysis of an analyte
			 within a category may result in revocation of certification for that
			 analyte.
(2)
Inspections
.
(a) The
			 Department may conduct an inspection of each laboratory to determine whether or
			 not the laboratory meets the Department's standards for performing analyses in
			 the matrices, disciplines, and categories for which certification is sought or
			 is obtained.
(b) The Department
			 shall consider the following factors in determining whether to certify or
			 continue certification of a laboratory:
1.
			 Education and experience of laboratory personnel;
2. Adequacy of laboratory facilities and
			 equipment;
3. Adherence to
			 Department-approved methodology and quality assurance/quality control
			 procedures;
4. Adherence to
			 Department-approved methods of handling and reporting data;
5. Adequacy of safety equipment and training;
			 and
6. Any other factors the
			 Department deems relevant to the determination of the ability of a laboratory
			 to operate in a professional manner.
(c) If the Department issues a report of
			 deficiencies found during an inspection of a laboratory, the laboratory shall
			 have 90 days from the date of issuance of the report to take the necessary
			 corrective actions specified in the report and submit documentation of such
			 corrective action to the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.08 - Minimum Standards for Certification

Current through Register 1525, July 5, 2024
(1)
Personnel
.
			 Certified laboratories and laboratories seeking certification shall designate a
			 laboratory director and laboratory supervisor(s), and employ a sufficient
			 number of qualified analysts commensurate with the laboratory's workload. The
			 designated laboratory director and laboratory supervisor may be the same
			 individual if he or she possesses the minimum qualifications and fulfills the
			 responsibilities of both positions as set in 310 CMR 42.08(1).
(a) The laboratory director shall have the
			 following responsibilities:
1. Developing
			 policies, programs, and standard operating procedures that will ensure accurate
			 and objective analytical results;
2. Employing and ensuring the training of
			 qualified laboratory personnel;
3.
			 Reporting analytical results to the Department in accordance with
			 310 CMR
			 42.13; and
4. Interpreting and evaluating reports of
			 analyses submitted by the laboratory upon request of the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.09 - Issuance of Certificate

Current through Register 1525, July 5, 2024
(1) Upon
			 satisfactory fulfillment of the criteria provided herein, the Department shall
			 issue a certificate indicating the laboratory's certification rating for each
			 matrix, discipline and category, including the acceptable analytical methods
			 used by the laboratory. The certificate, which includes the list of certified
			 analytes and methods, shall be conspicuously displayed at the location stated
			 in the certificate.
(2)
			 Certificates shall be valid for one year unless earlier downgraded or revoked
			 in accordance with
			 310 CMR
			 42.12, or surrendered.
(3) Certification status shall apply only to
			 the laboratory located at the address stated in the certificate. Each
			 affiliated or branch laboratory must obtain a separate certificate.
			 Certificates are not transferable or assignable.
In the case of laboratories classified as provisionally
				certified, the Department may allow the laboratory up to six months for
				correction of deficiencies. The Department may upgrade the status of a
				provisionally certified laboratory to certified if all deficiencies are
				corrected prior to the expiration of the provisional certificate which was
				issued.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.10 - Requirements for Maintaining Certification Status

Current through Register 1525, July 5, 2024
(1) To maintain certification status, a
			 laboratory shall satisfactorily analyze samples from a proficiency testing
			 program administered or approved by the Department and pass inspections
			 conducted or approved by the Department.
(2) A laboratory must continue to meet the
			 Department's minimum standards for certification set forth in
			 310 CMR 42.00 to maintain
			 certification status.
(3) A
			 laboratory shall not misrepresent its certification status on any document. On
			 reports of sample analysis, the laboratory must clearly distinguish among
			 analyses for which it is certified, analyses for which it is provisionally
			 certified, and analyses for which it is not certified. The laboratory's
			 certification status indicated on a report of sample analysis must be accurate
			 as of the date of the analysis. For all other documents, including promotional
			 materials, catalogues, advertising, Internet sites, business solicitation
			 proposals, quotations, or other materials on which the laboratory's
			 certification status appears, the laboratory, to the extent possible, must
			 correct its certification status appearing on such documents within 30 calendar
			 days of its receipt of a notice of revocation of certification or within 30
			 calendar days of its voluntary withdrawal from certification.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.11 - Renewal of Certificate

Current through Register 1525, July 5, 2024
Filing
. At least 45 calendar days
				prior to the expiration date noted on its certificate, a certified or
				provisionally certified laboratory must file an application for renewal of
				certification on forms provided by the Department. Timely filing of the
				application for renewal causes the certification to continue until the
				Department issues a final written decision regarding the laboratory's
				certification status. A laboratory that fails to file an application for
				renewal by the expiration date of the certification loses its certification,
				may not file an application for renewal, and must submit a new application for
				certification, including payment of the application fee, if it wishes to secure
				a new certification.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.12 - Denial, Downgrading, and Revocation of Certification

Current through Register 1525, July 5, 2024
(1)
Denial
. The
			 Department may deny a laboratory's request for certification, including a
			 request for renewed certification, if:
(a) the
			 application does not meet the requirements of
			 310 CMR 42.00;
(b) the laboratory's current or prior
			 certification has been downgraded or revoked;
(c) the laboratory or one of its owners or
			 employees has been or currently is subject to an order issued pursuant to
			 310 CMR
			 42.17(1); or
(d) the laboratory or one of its owners or
			 employees has been or is currently in violation of
			 310 CMR 42.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.13 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1) No certified or
			 provisionally certified laboratory shall report analytical results as a
			 Department-certified laboratory unless:
(a)
			 The laboratory conducted the analytical measurements at the laboratory's
			 address as stated in its current certificate;
(b) The laboratory clearly distinguishes in
			 the report among those analyses for which it is certified, provisionally
			 certified, or not certified by the Department; and,
(c) For those analyses for which it is
			 certified or provisionally certified, the laboratory clearly distinguishes in
			 the report between those analyses that it conducted in accordance with
			 Department certification standards and those that it did not conduct in
			 accordance with Department certification standards.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.14 - Maintenance of Records

Current through Register 1525, July 5, 2024
(1) Certified
			 laboratories shall maintain copies of all analytical reports, logs, charts and
			 records created in accordance with
			 310 CMR 42.00 for a minimum
			 often years or as otherwise specified by the Department. Records related to
			 performance on proficiency tests shall be maintained for a minimum of five
			 years. Records shall include the results and supporting documentation of
			 analyses of samples including proficiency test samples, reagent blanks,
			 laboratory fortified blanks, laboratory fortified sample matrices and
			 duplicates, and surrogate analyte recovery data. Records of analysis of samples
			 shall include documentation of sample preparation procedures, including, but
			 not limited to, pH adjustments, distillations, digestions, extractions, and
			 turbidity measurements.
(2)
			 Certified laboratories shall record observations, data, and calculations at the
			 time they are made. Handwritten records must be made in ink, not pencil.
			 Mistakes in records shall be crossed out with a single line such that the
			 original entry is still legible and the correct value entered. All alterations
			 to records must be signed by the person making the correction. In the case of
			 records stored electronically, equivalent measures must be taken to avoid loss
			 or change of original data.
(3)
			 Certified laboratories shall maintain current records of personnel, including a
			 resume documenting education, training, experience, description of duties and
			 dates of relevant employment for each employee.
(4) Certified laboratories shall maintain all
			 records in accordance with the Department approved QA plan for the laboratory.
			 The laboratory must ensure that all records, including those stored
			 electronically, are readable throughout the required retention time of the
			 records.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.15 - Right of Entry

Current through Register 1525, July 5, 2024
Agents and employees of the Department may make such
				inspections of laboratory property, facilities, or operations as the Department
				deems necessary to carry out its responsibilities under and ensure compliance
				with
				310 CMR 42.00. The owner or
				operator of any laboratory subject to
				310 CMR 42.00 shall allow
				such agent(s) or employee(s) free and unrestricted access at reasonable times
				to examine any property, facility, operation, equipment, or activity for
				determining compliance with
				310 CMR 42.00. Such agent(s)
				and employee(s) may also inspect, conduct tests, and review books, papers,
				electronic documentation, data packages, and records relevant to the
				enforcement of
				310 CMR
				42.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.16 - Reciprocity

Current through Register 1525, July 5, 2024
Certificates may be issued in a comparable classification
				without an inspection to any laboratory that holds a certification from the EPA
				or from its resident state if, in the opinion of the Department, the standards
				for certification under which such laboratory's certificate was issued are at
				least as stringent as those set forth in
				310 CMR
				42.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.17 - Orders, Violations, and Penalties

Current through Register 1525, July 5, 2024
(1) Without limitation, the Department may
			 issue orders or downgrade or revoke a certification as necessary to aid in the
			 implementation and enforcement of M.G.L. c. 21, §§ 26 through 53; c.
			 21A, § 2(28); c. 21C, § 4; c. 21E, § 3; c. 111, §§
			 142A through 142E, 150A, 160, or
			 310 CMR 42.00. Such orders
			 may include, but shall not be limited to, orders requiring persons to cease any
			 activity which is in violation of the aforementioned statutes or
			 310 CMR 42.00 or to carry out
			 activities necessary to bring such persons 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, in compliance
			 with, or in violation of the aforementioned statutes or
			 310 CMR 42.00.
(2)
Violations
.
			 Without limitation, it shall be a violation of
			 310 CMR 42.00 for any person
			 to:
(a) Fail to comply with any order of the
			 Department;
(b) Engage in any
			 activity that is contrary to the terms and conditions of
			 310 CMR 42.00, or of any
			 certificate or order issued pursuant to
			 310 CMR 42.00;
(c) Make any false, inaccurate, incomplete,
			 or misleading statement in any application, record, report, plan, file, data
			 package, log, register, or other document submitted to the Department or
			 required to be kept by
			 310 CMR 42.00 or the terms of
			 a certificate; or
(d) Make any
			 false, inaccurate, incomplete, or misleading statement in any record, report,
			 plan, file, data package, log, register, or other document issued by or on
			 behalf of a laboratory; or
(e) Fail
			 to provide any information requested by the Department, in a timeframe the
			 Department specifies, pursuant to
			 310 CMR 42.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.18 - Right to Appeal

Current through Register 1525, July 5, 2024
Any person who has been denied certification or whose
				certification has been revoked may make a written request for an adjudicatory
				hearing before the Department pursuant to M.G.L. c. 30A and
				310
				CMR 1.01:
Adjudicatory Proceeding
				Rules for the Department of Environmental Protection.
The request for
				a hearing must be sent by certified mail or hand-delivered, and received by the
				Department within 21 calendar days of the date of receipt of the decision being
				appealed. The request for hearing shall state specifically, clearly, and
				concisely the facts which are the grounds for the appeal, the relief sought,
				and any additional information required by
				310
				CMR 1.01(6)(b)  or other
				applicable law or regulation. In every proceeding the burden shall be on the
				applicant for, or the holder of, a certification to demonstrate compliance with
				310 CMR
				42.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.19 - List of Certified Laboratories

Current through Register 1525, July 5, 2024
The Department shall publish or cause to be published at least
				annually a list of certified laboratories. This list shall include the name and
				location of the laboratory, the name of the director, and categories of
				analysis in which the laboratory has been granted
				certification.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.20 - Potable Water

Current through Register 1525, July 5, 2024
(1) To receive
			 certification to conduct analyses for antimony, arsenic, asbestos, barium,
			 beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate,
			 nitrite, selenium, and thallium the laboratory must:
(a) Analyze Proficiency Test samples provided
			 by EPA, the Department, or by a Department-approved third party; and
(b) Achieve quantitative results on the
			 analyses that are within the following acceptance limits:
Contaminant
Acceptance Limit
Antimony
± 30% at >= 0.006 mg/L
Arsenic
+ 30% at >= 0.003 mg/L
Asbestos
2 standard deviations based on study
							 statistics
Barium
± 15% at >= 0.15 mg/L
Beryllium
±15% at >= 0.001 mg/L
Cadmium
± 20% at >= 0.002 mg/L
Chromium
± 15% at >= 0.01 mg/L
Cyanide
± 25% at >= 0.1 mg/L
Fluoride
± 10% at 1 to 10 mg/L
Mercury
± 30% at >= 0.0005 mg/L
Nickel
± 15% at >= 0.01 mg/L
Nitrate
± 10% at >= 0.4 mg/L
Nitrite
± 15% at >= 0.4 mg/L
Selenium
± 20% at >= 0.01 mg/L
Thallium
± 30% at >=0.002 mg/L
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 42.00 - Certification And Operation Of Environmental Analysis Laboratories › Section 42.22 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				310 CMR 42.00, or its
				application to any person, is held invalid, such invalidity shall not affect
				other provisions or applications of
				310 CMR 42.00 which can be
				given effect without the invalid provision or application, and to this end the
				provisions of
				310 CMR 42.00 are declared to
				be severable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 310 CMR 43.00 is composed of
			 criteria for the selection of a superior site for a low-level radioactive waste
			 management facility; guidelines for the application of the criteria; and
			 procedures for conducting selection of a superior site.
			 310 CMR 43.00 shall be
			 interpreted so as to be compatible with the federal regulatory program for the
			 management of low-level radioactive waste and shall as a primary consideration
			 be protective of the public health, safety and the environment.
310 CMR 43.01 through 43.09 establishes the Department's
				purpose and authority and the regulations' general applicability.
				310 CMR 43.10
				through 43.39 establishes location criteria for identifying a superior site for
				a low-level radioactive waste facility. The criteria are intended to identify
				site characteristics which will contribute to the isolation of the waste,
				minimize the likelihood of exposure to the public or the environment in the
				event of a release and mitigate the incidental adverse impacts from waste
				management activities at the site.
310 CMR
				43.40 through
				43.72
				specifies the procedures for selecting a superior site and guidelines for the
				collection, analysis and presentation of data necessary to evaluate and
				characterize a potential site at each stage of the site selection process
				specified by the Massachusetts Low-Level Radioactive Waste Management Act
				(M.G.L. c. 111H,§§ 19 through 24).
				310 CMR
				43.40 through
				43.72
				is intended to ensure that the characterization of a potential site is based on
				accurate, verifiable, comprehensive and well documented data and analytical
				procedures.
				310 CMR
				43.40 through
				43.72
				is also intended to ensure that the scope of data collection and site
				characterization is compatible with the level of decision making to be applied
				at each stage of the site selection process.
(2)
Authority
.
			 310 CMR 43.00 is promulgated
			 by the Department of Environmental Protection pursuant to M.G.L. c. 111H,§
			 14.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.03 - Applicability

Current through Register 1525, July 5, 2024
The requirements of
				310 CMR
				43.01 through 43.09 applies to the selection
				of a superior site for a low-level radioactive waste facility in accordance
				with M.G.L. c. 111H.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.10 - Modeling Capability

Current through Register 1525, July 5, 2024
(1)
Exclusion Criteria
. Exclude sites not capable of being
			 adequately modeled, characterized, analyzed and monitored with respect to
			 hydrogeology, geologic features and ground water flow characteristics as
			 reasonably necessary to demonstrate compliance with DPH performance objectives
			 and those provisions of applicable state and federal regulations governing
			 environmental monitoring.
(2)
Conditional Consideration Criteria.
Bedrock Structure
. Consider sites
				containing bedrock structural features and lithologies that may provide
				significant pathways for groundwater flow or present very complex hydrologic
				conditions on compliance with
				310 CMR
				43.40(3).
(3)
Preference
			 Criteria
. Prefer sites that can be modeled and characterized with
			 a greater degree of certainty, over sites which can be characterized with a
			 lesser degree of certainty.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.20 - Groundwater Drinking Supplies and Resource Protection

Current through Register 1525, July 5, 2024
(1)
Exclusion
			 Criteria.
(a)
Existing Public Water Systems Pumping More Than 100,000 Gallons per
			 Day
. Exclude sites located within the Zone III of an existing
			 public water supply with a maximum approved pump rate of 100,000 gallons per
			 day (gpd) or more.
(b)
Existing Public Water Systems
. Exclude sites located
			 within the Zone II of an existing public water supply.
(c)
Potential Productive
			 Aquifer.
Exclude sites located over a potential productive aquifer
			 (PPA) which has been determined by the Department to be qualified for
			 development as a public drinking water system prior to the issuance of the
			 draft candidate site identification report pursuant to M.G.L. c. 111H,§
			 20(c). Notwithstanding this exclusion, a site may be located within a PPA
			 qualified for development where the site is proposed to be located outside of
			 the Zone II of any system and outside of the Zone III for systems pumping
			 100,000 gpd or more.
(d)
Existing Private Ground Water Source or Non Community Water
			 System.
Exclude sites located within the Zone of Contribution of
			 an existing private groundwater source or non-community system unless the
			 source/system is located on the parcel of land that is designated to be
			 acquired pursuant to M.G.L. c. 111H,§ 23(g) and the source/systemis
			 secured from any use other than uses related to the construction, operation or
			 environmental monitoring of the facility.
(e)
Potential Private Groundwater
			 Source or Non-Community Water System.
Exclude sites located within
			 the projected Zone of Contribution of a potential private groundwater source or
			 non-community water system unless the source/system is located on the parcel of
			 land to be acquired pursuant to M.G.L. c. 111H,§ 23(g) and is secured from
			 any use other than uses related to the construction, operation or environmental
			 monitoring of the facility.
(f)
Sole Source Aquifer
. Exclude sites which are located
			 over the areal extent of a sole source aquifer.
(g)
Minimum Depth to Water
			 Table
. Exclude sites where the minimum depth to the water table is
			 insufficient to prevent the intrusion of groundwater, perennial or otherwise,
			 into the waste.
(h)
Minimum Depth and Overburden to Bedrock Water Table
.
			 Exclude sites where the water table is below the bedrock surface and where
			 between the bedrock and the bottom of the waste management unit there is less
			 than a minimum total thickness of ten feet of (unsaturated) soil units (natural
			 or placed) with a maximum saturated hydraulic conductivity of 1x10(-4)
			 cm/sec.
(i)
Maximum
			 Horizontal Gradient
. Exclude sites where the average horizontal
			 gradient in the uppermost aquifer underlying the site is more than
			 0.01.