Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0041 - General Provisions for the Management of Remedial Wastewater and/or Remedial Additives

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0041

Current through Register 1531, September 27, 2024

(1) In General. RPs, PRPs and Other Persons performing response actions at a disposal site pursuant to M.G.L. c. 21E, and 310 CMR 40.0000 shall manage Remedial Wastewater and/or Remedial Additives in a manner adequate to protect health, safety, public welfare, and the environment, and in compliance with the applicable provisions of M.G.L. c. 21E, 310 CMR 40.0000, and all other laws, regulations, orders, permits, and approvals applicable to such response actions. Remedial Wastewater transported from a disposal site is subject to the Remediation Waste management requirements of 310 CMR 40.0030.

(2) Discharges to Surface Water. No person performing response actions at a disposal site shall discharge Remedial Wastewater and/or Remedial Additives into any Surface Water, or construct, install, modify, operate or maintain an outlet or treatment works for such a discharge, except as provided by M.G.L. c. 21E, and 310 CMR 40.0000.

(3) Discharges to the Ground Surface or Subsurface and/or Groundwater. No person performing response actions at a disposal site shall discharge Remedial Wastewater and/or Remedial Additives to the ground surface or subsurface and/or groundwater, or construct, install, modify, operate or maintain an outlet or treatment works for such a discharge, except as provided by M.G.L. c. 21E, and 310 CMR 40.0000.

(4) Licensure under M.G.L. c. 21C. Response actions involving Remedial Wastewater and/or Remedial Additives which are conducted within the boundaries of a disposal site in compliance with the provisions of 310 CMR 40.0000 shall be considered, for the purposes of 310 CMR 30.801(11), remedial actions initiated by the Department under the provisions of M.G.L. c. 21E. A valid license issued pursuant to M.G.L. c. 21C, and 310 CMR 30.000: Hazardous Waste shall not be required to manage Remedial Wastewater and/or Remedial Additives within the boundaries of a disposal site, provided such Remedial Wastewater and/or Remedial Additives are managed in compliance with M.G.L. c. 21E, and 310 CMR 40.0000.

(5) Construction, Installation or Modification of Treatment Works. RPs, PRPs and Other Persons performing response actions that involve the construction, installation or modification of treatment works for the management of Remedial Wastewater and/or Remedial Additives shall construct, install and modify such works in a manner adequate to protect health, safety, public welfare, and the environment, and in compliance with M.G.L. c. 21E, and 310 CMR 40.0000.

(6) Operation and Maintenance of Treatment Works. RPs, PRPs, and Other Persons operating or maintaining treatment works for the management of Remedial Wastewater and/or Remedial Additives shall:

(a) Operate and maintain such works in a manner adequate to protect health, safety, public welfare, and the environment, and in compliance with M.G.L. c. 21E and 310 CMR 40.0000.

(b) Inspect such treatment works upon initial operation and at regular intervals thereafter. The frequency of such inspections shall be conducted in conformance with the requirements specified in 310 CMR 40.0040 and any Department, USEPA, POTW, or Non-Publicly Owned Treatment Works permit or approval. In addition, such persons shall inspect such treatment works upon any modification of the treatment works. At a minimum, such inspection shall determine:
1. the total volume of remedial wastewater treated since the previous inspection;

2. the average flow rate of the system at the time of the inspection;

3. the total volume of any non-aqueous phase oil or hazardous material recovered since the previous inspection; and

4. whether any maintenance activities are necessary to ensure that continued operation of the treatment works shall comply with the applicable requirements.

(c) Keep and maintain a log for such treatment works. At a minimum, the RP, PRP, or Other Person shall record the following in the log:
1. the name and affiliation of the person performing such inspection;

2. the date and time of such inspection;

3. the total volume of remedial wastewater treated since the previous inspection;

4. the average flow rate of the system at the time of the inspection;

5. the total volume of any non-aqueous phase oil or hazardous material recovered since the previous inspection;

6. a description of any maintenance activities performed during the inspection, or to be scheduled as a result of the inspection; and

7. a description of any problems or potential problems observed during the inspection.

(d) Keep maintenance and inspection log books and records in a secure on-site building. If a secure on-site building is not available, then such records shall be kept by the operator of the treatment works at an off-site location.

(7) Prevention of Unlawful Discharges. RPs, PRPs, and Other Persons shall take adequate measures to protect the treatment works from vandalism, and to prevent system failure, contaminant pass through, interference, by-pass, upset, and other events likely to result in a discharge of oil and/or hazardous materials to the environment, or to a POTW or Non-publicly Owned Treatment Works, which exceed or violate applicable standards and requirements. At a minimum, these measures include:

(a) where applicable, an automatic high water/product shutoff switch to prevent overflow of the treatment works;

(b) where applicable, an automatic pressure shutoff switch;

(c) data collection devices including flow rate and flow total meters;

(d) maintenance of a process and instrumentation diagram of the treatment works in the log book or on the treatment works indicating the location of controls, sampling ports, switches, gauges and other system components;

(e) proper sealing of the treatment works to prevent any unlawful discharge of vapors;

(f) proper precautions to prevent damage to the system by freezing or extreme heat, vehicles, or vandalism;

(g) procedures or equipment for identifying system malfunction and communicating such malfunction to the system operator; and

(h) posting the name and telephone number of the person to contact in the event of a malfunction in an accessible readily visible location.

(8) Prohibition on Discharge of Uncontainerized Waste. No person conducting response actions at a disposal site shall discharge Uncontainerized Waste to the environment or to a POTW or Non-publicly Owned Treatment Works.

(9) Inspection of Treatment Works. Except for discharges of Remedial Additives, and discharges of Remedial Wastewater that are discharged without treatment in accordance with 310 CMR 40.0040, RPs, PRPs, and Other Persons treating Remedial Wastewater at a disposal site pursuant to M.G.L. c. 21E and 310 CMR 40.0040 shall engage or employ a Wastewater Treatment Plant Operator having, at a minimum, a currently valid certification of Grade 2, as defined in 257 CMR 2.12: Grades of Wastewater treatment Facility Operators (or higher if required by 257 CMR 2.13: Classification of Wastewater treatment Facilities) to ensure the proper operation and maintenance of the treatment works. Such certified operator shall at a minimum inspect the treatment works at regular intervals of 30 days for the first three months following commencement of the discharge, or any modification of the treatment works associated with the discharge, and at regular intervals of three months thereafter for the duration of the discharge.

(10) Discharges in the Vicinity of Outstanding Resource Waters. Except as provided for in 310 CMR 40.0045(4), no person performing response actions at a disposal site pursuant to M.G.L. c. 21E and 310 CMR 40.0000 shall discharge Remedial Wastewater to the ground surface or subsurface, or to groundwater, at a point within 200 feet of a surface water body designated as an Outstanding Resource Water pursuant to 314 CMR 4.03(4), unless the concentrations of oil and/or hazardous material in the Remedial Wastewater discharged are below the applicable groundwater quality standards set forth in 314 CMR 6.00: Ground Water Quality Standards and the applicable Reportable Concentrations set forth in 310 CMR 40.0300 and 40.1600.

(11) Sampling and Analyses of Remedial Wastewater. RPs, PRPs, and Other Persons operating or maintaining treatment works for the management of Remedial Wastewater and/or Remedial Additives shall collect and analyze a sufficient number of soil and/or groundwater samples in accordance with 40.0017 to demonstrate that the discharge and treatment works are in compliance with the requirements of M.G.L. c. 21E and 310 CMR 40.0000.

(12) Sampling and Analyses of Remedial Additives and Remedial Additive By-products. RPs, PRPs, and Other Persons performing response actions involving Remedial Wastewater and/or Remedial Additives shall collect and analyze a sufficient number of samples of the affected soil and groundwater in accordance with 310 CMR 40.0017 to demonstrate that the response action meets the requirements of M.G.L. c. 21E and 310 CMR 40.0000.

(13) Transition Provision. Unless otherwise directed by the Department, RPs, PRPs, and Other Persons managing Remedial Wastewater and/or Remedial Additives at a disposal site pursuant to a Groundwater Discharge Permit, Surface Water Discharge Permit, or Sewer System Extension and Connection Permit, issued by the Department pursuant to 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program or 7.00: Sewer System Extension and Connection Permit Program, respectively, on or before August 25, 1995, may either:

(a) manage such Remedial Wastewater and/or Remedial Additives in accordance with the terms and conditions of such permit, or

(b) surrender such permit to the Department and manage the Remedial Wastewater and/or Remedial Additives in accordance with the requirements and procedures of M.G.L. c. 21E and 310 CMR 40.0000.

(14) Alternative Monitoring Plans. Notwithstanding any other provision of 310 CMR 40.0045 or 40.0046, a Licensed Site Professional may develop and submit an alternative plan for monitoring discharges for Remedial Wastewater and/or Remedial Additives, provided:

(a) site-specific monitoring requirements have not been established by the Department in an order, permit or approval;

(b) the plan is developed to demonstrate that the applicable standards and requirements for the discharge and treatment works have been met, and takes into consideration an evaluation of the following:
1. monitoring data collected over a 12 month period for the discharge and treatment works;

2. the potential risks to, and sensitivity of, human and ecological populations at, and in the vicinity of, the disposal site;

3. the permeability of the soils at the disposal site;

4. the presence of any natural groundwater divides or barriers at the disposal site;

5. the presence of geologic formations and deposits which could act as preferred groundwater migration pathways;

6. any subsurface utilities and conduits, and other subsurface structures;

7. the direction and rate of groundwater movement and flow;

8. the type of treatment works and management procedures employed at the disposal site;

9. the fate and transport characteristics of the oil and/or hazardous material present at the disposal site; and

10. any other relevant information; and

(c) the alternative plan, in his or her professional judgment, is adequate to demonstrate whether the applicable standards and requirements for the discharge have been met.

(15) Reservation of Rights. No provision of 310 CMR 40.0040 shall be construed to limit the Department's authority to impose on any person requirements for the management of Remedial Wastewater and/or Remedial Additives in addition to those requirements set forth in 310 CMR 40.0040 as the Department deems necessary to protect health, safety, public welfare, or the environment.

(16) No Implied Authority. No provision of 310 CMR 40.0040 shall be construed to imply authorization by the Department to any person to discharge Remedial Wastewater and/or Remedial Additives to any real or personal property not owned by him or her, or to otherwise injure or interfere with any other person's rights or interests, without that person's consent.

(17) Selection of Discharge Authorization. RPs, PRPs, and Other Persons may discharge Remedial Wastewater, Remedial Additives and/or groundwater at or from a disposal site either:

(a) in accordance with the requirements set forth in M.G.L. c. 21E, and 310 CMR 40.0000; or

(b) in accordance with the terms and conditions of a permit issued pursuant to M.G.L. c. 21, § 43, 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, or 7.00: Sewer System Extension and Connection Permit Program, whichever is applicable.

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