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

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0034

Current through Register 1531, September 27, 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.

(4) Remediation Waste containing oil or waste oil, but which is not otherwise a hazardous waste, and Remediation Waste containing hazardous material which is not a hazardous waste, may be removed from a site for temporary storage at another location owned or operated by the same RP, PRP or Other Person conducting response actions, or to a facility permitted, licensed or approved to accept such materials provided:

(a) the transportation and storage of the Remediation Waste is supervised, managed, or overseen by a Licensed Site Professional in accordance with 310 CMR 40.0035;

(b) transportation and storage activities are conducted in a manner that is protective of health, safety, public welfare and the environment in accordance with 310 CMR 40.0036;

(c) all Remediation Waste is ultimately transported to an approved treatment, recycling, reuse, or disposal facility within 120 days of its initial excavation or recovery from a disposal site or within a time period specifically approved by the Department as part of its oversight of response actions at such site; and

(d) all Remediation Waste removed from an off-site temporary storage location is transported from the temporary storage location in accordance with the Bill of Lading provisions in 310 CMR 40.0035.

(5) A completed Bill of Lading containing a signature of a representative of the receiving facility or receiving location shall be submitted to the Department within 30 days of the date of final shipment from the disposal site or storage/consolidation area, except for shipments of soils resulting from a Limited Removal Action conducted in accordance with 310 CMR 40.0318.

(6) A completed Bill of Lading and supporting documentation for shipments of soil resulting from a Limited Removal Action conducted in accordance with 310 CMR 40.0318 shall be retained by the person conducting response actions for a minimum of five years or for as long as required by 310 CMR 40.0014, whichever is later.

(7) The Department reserves the right to impose additional requirements on the management of Remediation Waste under the Bill of Lading process if the Department determines that such materials represent a hazard to health, safety, public welfare or the environment.

(8) Remediation Waste generated during the performance of a Utility-related Abatement Measure in accordance with 310 CMR 40.0460 which is temporarily stored at another location owned or operated by the person undertaking such response action, or at a facility licensed, permitted, or approved to accept such materials, may be transported back to the site of generation for backfilling or treatment only if:

(a) such Remediation Waste containing oil or waste oil is not otherwise a hazardous waste;

(b) such Remediation Waste containing hazardous material is not a hazardous waste;

(c) such Remediation Waste is returned at or near the original point of excavation for backfilling or treatment within 14 days from the initial date of excavation;

(d) such Remediation Waste is stored in a secure manner protective of health, safety, public welfare and the environment, in accordance with 310 CMR 40.0036; and

(e) any Remediation Waste not returned at or near the original point of generation for backfilling or treatment within 14 days is transported in accordance with 310 CMR 40.0030 to an approved treatment, recycling, reuse, or disposal facility within 120 days of the initial date of generation.

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