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 40.0411 - General Provisions for Immediate Response Actions

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0411

Current through Register 1531, September 27, 2024

(1) Immediate Response Actions shall assess release, threat of release and/or site conditions and, where appropriate, contain, isolate, remove or secure a release or threat of release of oil and/or hazardous material in order to:

(a) abate, prevent or eliminate an Imminent Hazard to health, safety, public welfare or the environment; and/or

(b) respond to other time-critical release, threat of release and/or site conditions.

(2) Any person who performs an Immediate Response Action shall do so in accordance with all applicable requirements and specifications prescribed in 310 CMR 40.0000. Except when specifically exempted by the Department due to the Department's level of involvement in the oversight of the Immediate Response Action, RPs, PRPs and Other Persons conducting Immediate Response Actions shall engage or employ the services of a Licensed Site Professional.

(3) The Department may make a determination that an Immediate Response Action involving assessment, containment and/or removal actions is needed at any site, consistent with the provisions of 310 CMR 40.0412. In such cases, the Department shall inform the RP or PRP of the need for, and scope of, response actions. When informing the RP or PRP would unacceptably delay the conduct of the Immediate Response Action, or when the RP or PRP is unable or unwilling to conduct the required actions, or otherwise fails to act in a timely manner, the Department may undertake the Immediate Response Action.

(4) Immediate Response Actions shall not, to the extent practicable, prevent or impede the implementation of future response actions.

(5) Immediate Response Actions shall be conducted in compliance with all applicable local, state and federal permitting and approval requirements.

(6) Health and safety procedures consistent with the provisions of 310 CMR 40.0018 shall be implemented at sites where an Immediate Response Action is being conducted.

(7) RPs, PRPs and Other Persons undertaking response actions under the provisions of 310 CMR 40.0000 shall continually assess and evaluate release and site conditions in order to determine if an Immediate Response Action is required.

(8) RPs, PRPs or Other Persons conducting an Immediate Response Action that involves a remedial action(s) to prevent, control, or eliminate an Imminent Hazard or address a Critical Exposure Pathway shall comply with the provisions of 310 CMR 40.1403(11) for notifying Affected Individuals.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.