(1)
General. Response actions performed by persons other
than the Department at Solid Waste Management Facilities permitted, approved or
ordered by the Department pursuant to M.G.L. c. 21H, M.G.L. c. 111, §
150A, and/or
310 CMR
19.000: Solid Waste Management shall
be deemed adequately regulated for purposes of
310
CMR 40.0000, provided the person undertaking
such response actions does so in compliance with the terms and conditions of
any such permit, order or approval and the following:
(a) the general provisions in
310
CMR 40.0001 through
310
CMR 40.0099, except:
1. the requirements for LSP Opinions set
forth in
310
CMR 40.0015;
2. the requirements for force
majeure set forth in
310
CMR 40.0025; and
3. the provisions of
310
CMR 40.0050 with respect to permit decisions
only;
(b) the
requirements and provisions in
310
CMR 40.0101 through
310
CMR 40.0199, except:
1. the general requirements for conducting
response actions set forth in
310
CMR 40.0190; and
2. the provisions of
310
CMR 40.0193 applicable to technical
justification;
(c) the
requirements and procedures in
310
CMR 40.0300 for notifying the Department of a
release, threat of release and/or Imminent Hazard, except those releases for
which 120-day notification is required by
310
CMR 40.0315;
(d) the requirements and procedures in
310
CMR 40.0405 through
310
CMR 40.0429 applicable to Immediate Response
Actions, except: for the following Conditions of Substantial Release Migration:
1. releases to the ground surface or to the
vadose zone that, if not promptly removed or contained, are likely to
significantly impact the underlying groundwater, or significantly exacerbate an
existing condition of groundwater pollution;
2. releases to the groundwater that have
migrated or are expected to migrate more than 200 feet per year; or
3. releases to the groundwater that have been
or are within one year likely to be detected in a surface water body, wetland
or public water supply reservoir;
(e) the requirements and procedures in
310
CMR 40.0900 and
310
CMR 40.1000 applicable to Risk
Characterization; provided however:
1. such
requirements shall apply only to locations outside the boundary of a landfill
permitted pursuant to
310
CMR 19.030 or outside the boundary of a
landfill which has been closed in accordance with
310
CMR 19.140: Landfill Closure
Requirements;
2. the
requirements therein applicable to Permanent or Temporary Solution Statements
shall not apply; and
3. the
requirements therein shall not be deemed to preempt more stringent applicable
federal or state standards; and
(f) the requirements and procedures for
Public Involvement Activities and Technical Assistance Grants in
310
CMR 40.1400 shall apply to the extent
applicable and practicable as determined by the Department.
(2) Notwithstanding any provision
of 310 CMR 40.0000 to the
contrary, no person undertaking response actions at a Solid Waste Management
Facility which the Department deems adequately regulated by M.G.L. c. 21H,
M.G.L. c. 111, § 150A, and
310 CMR
19.000: Solid Waste Management shall
be required to engage or employ a Licensed Site Professional for purposes of
having such professional render one or more LSP Opinions; provided however,
that such person shall employ or engage an LSP for purposes of
310
CMR 40.0035(1)(h), unless
otherwise approved by the Department.
