Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0047 - Reporting Requirements for Discharges of Remedial Wastewater and Remedial Additives

Current through Register 1531, September 27, 2024

(1) Reporting Requirements for Remedial Wastewater Discharges to Surface Water, Sewer Systems, POTWs, or Non-publicly Owned Treatment Works. Each person performing response actions at a disposal site in accordance with M.G.L. c. 21E, and 310 CMR 40.0000 that includes the discharge of Remedial Wastewater to a surface water body, sewer system, POTW or Non-publicly Owned Treatment Works, shall include a description of the results of the inspections and monitoring required by 310 CMR 40.0040 in the pertinent status reports and/or completion reports submitted to the Department pursuant to 310 CMR 40.0000. In addition to the monitoring data required pursuant to 40.0040, RPs, PRPs and Other Persons shall also include in pertinent status reports and/or completion reports all other relevant data for the discharge and/or treatment works, collected as a result of their own undertaking or to demonstrate compliance with requirements imposed by other entities. Such additional data includes, but is not limited to, the results of any monitoring required by EPA or the person controlling the sewer system, POTW or Non-publicly Owned Treatment Works receiving the discharge, and any influent monitoring results.

(2) Reporting Requirements for Discharges of Remedial Wastewater to the Ground Surface or Subsurface and/or Groundwater. Each person performing response actions at a disposal site in accordance with M.G.L. c. 21E, and 310 CMR 40.0000 that includes the discharge of Remedial Wastewater to the ground surface or subsurface and/or groundwater, shall include a description of the results of the inspections and monitoring required by 310 CMR 40.0040 in the pertinent status reports and/or completion reports submitted to the Department pursuant to 310 CMR 40.0000. In addition to the monitoring data required pursuant to 310 CMR 40.0040, RPs, PRPs and Other Persons shall also include in pertinent status reports and/or completion reports all other relevant data for the discharge and/or treatment works, collected either as a result of their own undertaking or to demonstrate compliance with 310 CMR 40.0000. Such additional monitoring data includes, but is not limited to, influent monitoring data, or other information concerning the performance of the treatment works.

(3) Reporting Requirements for Discharges of Remedial Additives. Each person performing response actions at a disposal site in accordance with M.G.L. c. 21E, and 310 CMR 40.0000 that includes the application of Remedial Additives to the ground surface or subsurface and/or groundwater, shall include a description of the composition, volume, and concentration of the Remedial Additives applied, the methodology employed, and the results of the monitoring required by 310 CMR 40.0040 in the pertinent status reports and/or completion reports submitted to the Department pursuant to 310 CMR 40.0000. In addition to the monitoring data required pursuant to 40.0040, RPs, PRPs and Other Persons shall also include in pertinent status reports and/or completion reports all other relevant data for the application of and discharge of Remedial Additives, collected as a result of their own undertaking, or to demonstrate compliance with 310 CMR 40.0000. Such additional monitoring data includes, but is not limited to, soil or groundwater analyses obtained from areas where Remedial Additives have been applied, or any other information concerning the performance of the Remedial Additives.

(4) Except as provided for in 310 CMR 40.0045(5) through (7), each status report and completion report submitted in accordance with 310 CMR 40.0047(1) through (3), shall include the following:

(a) the time and date of any inspections and/or monitoring for the period covered by the report;

(b) graphical and tabular presentation of any monitoring results for the period covered by the report;

(c) a description of any operation and maintenance activities including, but not limited to, a description of any modification to the treatment works or shut-down; and

(d) if applicable, the name and license number of the Wastewater Treatment Plant Operator employed or engaged at the disposal site, and a copy of his or her inspection report.

(5) Except as provided by 310 CMR 40.0311, each person performing response actions at a disposal site in accordance with M.G.L. c. 21E, and 310 CMR 40.0000 that includes the discharge of Remedial Wastewater to a surface water body, sewer system, POTW or Non-publicly Owned Treatment Works, or the ground surface or subsurface and/or groundwater, shall report any noncompliance with discharge or concentration limits in 310 CMR 40.0040 through 310 CMR 40.0049 within 72 hours after obtaining knowledge of the circumstances. If the person performing response actions has not corrected the noncompliance, such person shall immediately take appropriate steps to reduce, eliminate and prevent reoccurrence of the noncompliance. Such person shall submit to the Department a written description of the noncompliance, including exact dates and times, and a description of the steps taken, or to be taken, to assess, reduce, eliminate and prevent reoccurrence of the noncompliance in the next applicable response action Status Report.

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