Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0115 - Radioactive Material
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0115
Current through Register 1531, September 27, 2024
(1) Licensed Facilities.
(a) Response actions at sites and facilities
licensed and overseen by the Massachusetts Department of Public Health under
the provisions of
105 CMR
120.000: The Control of Radiation
(i.e., Licensed Facilities), shall be deemed adequately
regulated for purposes of
310
CMR 40.0000 with respect to releases of
Radioactive Materials.
(b) Releases
of oil or hazardous materials other than Radioactive Materials at such Licensed
Facilities shall be assessed and mitigated in accordance with the risk
assessment and risk management provisions of, and shall otherwise be subject
to, 310 CMR 40.0000.
(2) Non-Licensed Sites.
(a) Response actions at
sites not licensed and overseen by the Massachusetts Department of Public
Health under the provisions of
105 CMR
120.000: The Control of Radiation
(i.e., Non-licensed Sites) are subject to
310
CMR 40.0000.
(b) Notwithstanding the risk characterization
requirements at
310
CMR 40.0993, the human health risks posed by
Radiation from releases of Radioactive Materials to the environment at such
Non-licensed Sites shall be assessed and mitigated in accordance with the
technical protocols, procedures, and standards contained in
105 CMR
120.000: The Control of
Radiation.
(c) The
non-Radiation human health risks posed by releases of Radioactive Materials to
the environment, including threshold and non-threshold health effects, and the
human health risks associated with releases of oil or hazardous materials other
than Radioactive Materials shall be assessed and mitigated in accordance with
the risk assessment and risk management provisions of
310
CMR 40.0000.
(d) All Permanent and Temporary Solutions
achieved at such Non-licensed Sites shall require the implementation of an
Activity and Use Limitation documenting the nature and location of Radioactive
Materials emitting Radiation above background levels and obligations and
conditions for preventing exposures to such Radioactive Materials.
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