Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL
Section 40.0311 - Releases Which Require Notification Within Two Hours

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0311

Current through Register 1531, September 27, 2024

Except as provided in 310 CMR 40.0317 or 40.0332(1) or (7), persons required to notify under 310 CMR 40.0331 shall notify the Department as soon as possible but not more than two hours after obtaining knowledge that a release meets one or more of the following sets of criteria:

(1) a sudden, continuous or intermittent release to the environment of any hazardous material that is listed at 310 CMR 40.1600 or that exhibits one or more of the characteristics described in 310 CMR 40.0347, when:

(a) the quantity of the release is equal to or greater than the applicable Reportable Quantity specified at 310 CMR 40.0352 or 40.1600; and

(b) it is likely that the release occurred within any period of 24 consecutive hours or less;

(2) a sudden, continuous or intermittent release to the environment of any hazardous material that is listed at 310 CMR 40.1600 or that exhibits one or more of the characteristics described in 310 CMR 40.0347, when:

(a) the quantity of the release is unknown;

(b) it is likely that the quantity of the release is equal to or greater than the applicable Reportable Quantity specified at 310 CMR 40.0352 or 40.1600; and

(c) it is likely that the release occurred within any period of 24 consecutive hours or less;

(3) a sudden, continuous or intermittent release to the environment of oil that is listed at 310 CMR 40.1600 when:

(a) the quantity of the release is equal to or greater than the applicable Reportable Quantity specified at 310 CMR 40.0351 or 40.1600; and

(b) it is likely that the release occurred within any period of 24 consecutive hours or less;

(4) a sudden, continuous or intermittent release to the environment of oil that is listed at 310 CMR 40.1600, when:

(a) the quantity of the release is unknown;

(b) it is likely that the quantity of the release is equal to or greater than the applicable Reportable Quantity specified at 310 CMR 40.1600; and

(c) it is likely that the release occurred within any period of 24 consecutive hours or less;

(5) a sudden, continuous or intermittent release to the environment of any quantity of oil or waste oil that is listed at 310 CMR 40.1600 that results in the appearance of a sheen on surface water;

(6) a release to the environment indicated by the measurement of oil and/or hazardous material in a private drinking water supply well at concentrations equal to or greater than a Category RCGW-1 Reportable Concentration, as described in 310 CMR 40.0360 through 40.0369 and listed at 310 CMR 40.1600;

(7) any release of any oil and/or hazardous material, in any quantity or concentration, that poses or could pose an Imminent Hazard, as described in 310 CMR 40.0321 and 40.0950;

(8) any release of oil and/or hazardous material described in 310 CMR 40.0311(1) through (4) or 40.0311(7) that is indirectly discharged to the environment by means of discharge to a stormwater drainage system;

(9) any release of oil and/or hazardous material described in 310 CMR 40.0311(7) that is indirectly discharged into the environment by means of discharge to a sanitary sewerage system.

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