Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0168 - List of Locations and Disposal Sites

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0168

Current through Register 1531, September 27, 2024

(1) Commencing on or about August 1, 1993, the Department shall publish and maintain a Transition List of Sites and Locations (the "1993 Transition List"). The Department shall identify in the 1993 Transition List, and any addendum thereto, the status of disposal sites and Locations to Be Investigated ("LTBIs") to enable RPs, PRPs and Other Persons to ascertain the actions they are required by 310 CMR 40.0600 (the "Transition Provisions") to undertake to achieve or demonstrate compliance with M.G.L. c. 21E and 310 CMR 40.0000.

(2) Commencing on or about January 1, 1994, the Department shall maintain a list of Locations to be Investigated and disposal sites.

(3) Commencing on or about January 1, 1994, the Department shall publish on at least an annual basis a list of disposal sites that have been classified as Tier I in accordance with 310 CMR 40.0500, including addenda thereto. The published lists may also include, without limitation, the following:

(a) any disposal site for which the Department has not received:
1. a Permanent or Temporary Solution Statement; or

2. a Tier Classification Submittal.

(b) any disposal site for which the Department has reason to believe that response actions have not been performed in accordance with M.G.L. c. 21E, 310 CMR 40.0000 and/or any other applicable requirement;

(c) any disposal site classified as Tier I for which the Department has received a Permanent or Temporary Solution Statement in compliance with the applicable deadline; and

(d) any confirmed disposal site included on any list published by the Department in accordance with 310 CMR 40.520(1), as effective prior to October 1, 1993, or on the 1993 Transition List, unless a No Further Action Letter is received by the Department with respect to such disposal site prior to October 1, 1993.

(4) Any list published in accordance with 310 CMR 40.0168(3) shall not include any of the following:

(a) any disposal site at which there has been a release of oil and/or hazardous material and for which the Department has received a Permanent or Temporary Solution Statement, except as otherwise provided by 310 CMR 40.0168(3)(b) or (c);

(b) any disposal site at which an RP, PRP or Other Person, excluding the Department, is performing one or more response actions in compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other applicable requirements, and less than one year has passed since the earliest date computed in accordance with 310 CMR 40.0404(3);

(c) any disposal site:
1. that has been classified as a Tier II disposal site in accordance with 310 CMR 40.0500; and

2. at which an RP, PRP or Other Person, excluding authorized personnel, agents and Contractors of the Department, is performing one or more response actions in compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other applicable requirements;

(d) any disposal site deemed adequately regulated by another program or government agency pursuant to M.G.L. c. 21E, § 3(c), and 310 CMR 40.0110, except disposal sites subject to CERCLA.

(5) The fact that a location, site, or disposal site has not been placed on the list published pursuant to 310 CMR 40.0168(1) or 40.0168(2), shall not prevent the Department from taking or arranging for response actions at such locations, sites or disposal sites which are consistent with M.G.L. c. 21E, 310 CMR 40.0000 and any other applicable requirement; or from taking any enforcement action pursuant to M.G.L. c. 21E, 310 CMR 40.0000 or any other law which the department has the authority to enforce.

(6) The inclusion of a site on any list published or maintained by the Department in accordance with 310 CMR 40.0168(3) shall be sufficient for purposes of M.G.L. c. 21E, § 10(b)(1)(B)(i).

(7) The Department shall make appropriate notations to its databases and the lists published and maintained in accordance with 310 CMR 40.0168 to reflect the Department's receipt of LSP Evaluation Opinions and Permanent or Temporary Solution Statements for disposal sites and LTBIs identified therein.

(8) Any person who has reason to believe that the Department has listed a disposal site or LTBI, or the status thereof, in error may request, in writing, that the Department make appropriate changes to the pertinent list.

(9) The Department's listing of any disposal site or LTBI in accordance with 310 CMR 40.0168, shall not be subject to M.G.L. c. 30A, or any other law, governing adjudicatory proceedings.

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