Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES
Section 40.0403 - Responses to Releases and Threats of Release

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0403

Current through Register 1531, September 27, 2024

(1) Response actions shall be taken by RPs, and may be taken by PRPs and Other Persons, to assess and, where necessary, remediate all releases and threats of release of oil and/or hazardous material to the environment.

(2) The nature, extent and timing of response actions shall be dependent upon the type(s) and amount(s) of oil and/or hazardous material released or threatening to be released, site conditions, and the proximity and sensitivity of human and environmental receptors.

(3) Preliminary Response Actions, as described in 310 CMR 40.0405, shall be conducted within the one year period following the earliest date specified in 310 CMR 40.0404(3). Preliminary Response Actions may be sufficient for complete evaluation and/or remediation of localized or uncomplicated releases and threats of release at some sites, and shall consist of:

(a) Initial Site Investigation Activities, as described in 310 CMR 40.0405(1), up to and including those activities required for preparation of a Phase I Report, if necessary, as described in 310 CMR 40.0480; and

(b) where required, one or more Immediate Response Actions, as described in 310 CMR 40.0410, or, where appropriate, one or more Release Abatement Measures, as described in 310 CMR 40.0440.

(4) Comprehensive Response Actions, as described in 310 CMR 40.0800, shall be undertaken whenever a Permanent Solution, as described in 310 CMR 40.1000, is not achieved at a site based upon Preliminary Response Actions.

(5) A Permanent Solution Statement, as described in 310 CMR 40.1000, shall be submitted to the Department at the conclusion of response actions conducted at a site pursuant to 310 CMR 40.0000. A Permanent Solution Statement may be submitted for one or more releases or threats of release at a site, disposal site, or portion of a disposal site.

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