Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart I - RISK CHARACTERIZATION › Section 40.0904 - Site Information Required for Risk Characterization

Current through Register 1525, July 5, 2024
An adequate characterization of the disposal site is a
				  prerequisite to the characterization of risk of harm to health, safety, public
				  welfare and the environment, although the appropriate type and amount of
				  information required to complete a Risk Characterization will depend on the
				  unique characteristics of a release and/or disposal site. Particular attention
				  shall be paid to the following site assessment parameters:
(1)
Physical
				Characteristics
The physical characteristics of the disposal site
				including, but not limited to, the topography, geology, hydrogeology, and
				surface characteristics shall be evaluated as warranted by release and site
				conditions and described in sufficient detail to support the Risk
				Characterization.
(2)
Extent of Release
The documentation of the Risk
				Characterization shall contain a description of the source and extent of the
				release of the oil and/or hazardous material including, where appropriate:
(a) the horizontal and vertical extent and
				concentrations of oil and/or hazardous material in all evaluated
				media;
(b) background
				concentrations of oil and/or hazardous material in all evaluated media;
				and
(c) all existing or potential
				Migration Pathways including, but not limited to: soil, groundwater, soil gas,
				surface water, air, sediment and the food web. The potential for oil and/or
				hazardous material migration along preferential pathways such as utility lines
				or corridors must be evaluated, where applicable. Concentrations of oil and
				hazardous material in the sediment and/or surface water must be measured in any
				of the following circumstances to determine whether such material at or from
				the site has been or is being transported in a manner that would result in
				surface water or sediment concentrations of potential ecological significance,
				unless the need for such measurements is obviated by a technical justification
				consistent with
				310
				CMR 40.0193:
1. Hazardous materials at or from the site,
				excluding VOCs, are present in groundwater within 200 feet of a surface water
				body;
2. Hazardous materials at or
				from the site, excluding VOCs, are present in the groundwater at concentrations
				higher than the GW-3 standard(s) within 500 feet of a surface water
				body;
3. Nonaqueous Phase Liquid
				(NAPL) at or from the site is present within 200 feet of a surface water
				body;
4. Historical evidence
				indicates past discharge or dumping of oil or hazardous material from the site
				to the surface water body, unless such discharges were permitted;
5. Evidence indicates current or past runoff
				of oil or hazardous material from or with site soil into the surface water
				body; and
6. Site-specific
				conditions indicate that oil or hazardous material from the site may reasonably
				be expected to be present in the sediment or surface water at concentrations of
				potential ecological significance.