Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0064 - Special Project Designation Conditions
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0064
Current through Register 1531, September 27, 2024
(1) Any person performing response actions to address a disposal site subject to a Special Project Designation shall comply with M.G.L. c. 21E, 310 CMR 40.0000, the terms and conditions of the Special Project Designation Permit and any other applicable federal, state or local laws.
(2) All Special Project Designation Permits shall have as conditions of Designation the requirement that the Permittee shall:
(a) oversee and
coordinate the Special Project;
(b)
comply with the terms and conditions of response actions established or
approved by the Department during the course of the Special Project;
(c) comply with the notification regulations
at 310 CMR 40.0300 for any
release or threat of release of oil and/or hazardous material;
(d) comply with the requirements for
conducting Immediate Response Actions to address two- or 72-hour releases or
threats of release or Conditions of Substantial Release Migration in accordance
with 310 CMR 40.0400;
(e) provide reasonable access to the parcel
owned or controlled by the Permittee to employees, agents and contractors of
the Department for all purposes authorized by M.G.L. c. 21E and to other
persons performing response actions;
(f) avoid engaging in activities that could
prevent or impede the implementation of reasonably likely response actions in
the future;
(g) for Special Project
Designations pursuant to
310
CMR 40.0061(1)(a), file a
Tier Classification Submittal for any disposal site that requires further
response actions by the date the Special Project Designation Permit expires,
unless such Permit is extended pursuant to
310
CMR 40.0067 and
40.0070;
(h) for Special Project Designations pursuant
to 310 CMR
40.0061(1)(b), file the next
applicable Comprehensive Response Action Submittal for any disposal site that
requires further response actions by the date the Special Project Designation
Permit expires, unless such Permit is extended pursuant to
310
CMR 40.0067 and
40.0070;
(i) provide the Department with a report
describing the status of response actions on an annual basis, unless an
alternative schedule is established in the Special Project Designation Permit;
and
(j) comply with any other
conditions necessary to ensure the appropriate implementation of response
actions.
(3) A Special Project Designation Permit shall not grant any property rights or exclusive privileges, nor shall it authorize any injury to private property or taking of property rights.
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