Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0193 - Technical Justification
Current through Register 1531, September 27, 2024
(1) A Licensed Site Professional may provide technical justification for forgoing any specific activity required by 310 CMR 40.0000, related to Initial Site Investigation Activities performed in accordance with 310 CMR 40.0405(1), Phase I Initial Site Investigation Activities performed in accordance with 310 CMR 40.0480 through 310 CMR 40.0483, Phase II Comprehensive Site Investigation Activities performed in accordance with 310 CMR 40.0830, and Phase III Identification and Evaluation of Response Action Alternatives performed in accordance with 310 CMR 40.0850 through 310 CMR 40.0860, if in his or her professional judgment any particular requirement is unnecessary or inappropriate based upon the conditions and characteristics of a disposal site. The LSP shall employ RAPS in determining whether any such activity is unnecessary or inappropriate.
(2) When forgoing any particular activity in accordance with 310 CMR 40.0193(1), the LSP shall identify such activity, and shall set forth the basis for such technical justification, in the pertinent submittal.