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 1531, September 27, 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.

(2) The scope and detail of health and safety procedures shall be commensurate with the degree and nature of the risks posed to human and ecological populations by the disposal site and/or response actions. Standardized health and safety plans may be appropriate for routine activities conducted during response actions.

(3) Any person undertaking a response action shall ensure that a worker health and safety plan is implemented to the extent required by the federal Occupational Safety and Health Administration (OSHA) under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., and any other applicable federal, state or local law.

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