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

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0032

Current through Register 1531, September 27, 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.

(4) Contaminated Groundwater and Contaminated Surface Water that is collected, treated, conveyed, withdrawn, contained or discharged at or from a disposal site as part of a response action shall be managed in compliance with applicable provisions of 310 CMR 40.0030 and 310 CMR 40.0040.

(5) Contaminated Media and Contaminated Debris managed under the Bill of Lading process described in 310 CMR 40.0034 shall not be disposed of at a land disposal facility if a feasible alternative exists that involves the reuse, recycling, destruction, and/or detoxification of such materials. An evaluation of whether such an alternative is feasible shall consider:

(a) the volume and physical characteristics of the Contaminated Media and Debris;

(b) the levels of oil and/or hazardous materials present within the Contaminated Media and Debris; and

(c) the relative costs of management options.

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