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 40.0404 - Timing of Response Actions

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0404

Current through Register 1531, September 27, 2024

(1) RPs and any other persons conducting response actions shall initiate, implement, and complete those response actions described in 310 CMR 40.0400 within the time frames specified in 310 CMR 40.0400 and/or any Interim Deadlines specified by the Department pursuant to 310 CMR 40.0167.

(2) RPs and any other persons conducting response actions shall submit all required plans, status reports, completion reports, and other required response action documentation described in 310 CMR 40.0400 within the time frames specified in 310 CMR 40.0400 and/or any Interim Deadline specified by the Department pursuant to 310 CMR 40.0167.

(3) Except for notifications retracted pursuant to the provisions of 310 CMR 40.0335, a Permanent Solution Statement or Tier Classification Submittal shall be received by the Department within one year of the earliest following dates:

(a) the date that oral notification is received by the Department from any person listed at 310 CMR 40.0331 of a release or threat of release that requires notification pursuant to the "two Hour" or "72 Hour" notification provisions of 310 CMR 40.0311 through 40.0314;

(b) the date that written notification is received by the Department from any person listed at 310 CMR 40.0331 of a release that requires notification pursuant to the "120 Day" notification provisions of 310 CMR 40.0315; or

(c) the date that the Department issues a Notice of Responsibility to any person listed at 310 CMR 40.0331 specifying that they are an RP or PRP for a release or threat of release that requires a response action pursuant to 310 CMR 40.0400.

(4) Remedial actions shall not be undertaken or continued at any site by any person until that person provides notification to the Department of their knowledge of any releases or threats of release that meet one or more sets of notification criteria specified in 310 CMR 40.0300, except for:

(a) Limited Removal Actions undertaken in compliance with the provisions of 310 CMR 40.0318;

(b) time-critical Immediate Response Actions undertaken to address a release or threat of release of oil and/or hazardous material pursuant to the provisions of 310 CMR 40.0332 and 310 CMR 40.0421;

(c) the limited excavation of contaminated soil associated with the closure of an Underground Storage Tank system, as specified at 310 CMR 40.0421(3); or

(d) time-critical Utility-related Abatement Measures undertaken to prevent or abate an immediate and substantial danger to public safety, as specified in 310 CMR 40.0462(3).

(5) Releases and/or threats of release that occur at a disposal site after Tier Classification of that disposal site shall not be subject to the one year time frames specified in 310 CMR 40.0404(3), provided that response actions are being conducted at the disposal site in compliance with the provisions of 310 CMR 40.0000, including, where appropriate, the submission of all necessary Immediate Response Action Plans, Status Reports, and Completion Statements.

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