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 40.0445 - Release Abatement Measure Status and Remedial Monitoring Reports

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0445

Current through Register 1531, September 27, 2024

(1) Persons conducting Release Abatement Measures shall submit a Status Report 120 days following receipt by the Department of the initial Release Abatement Measure Plan, and every six months thereafter, until a Release Abatement Measure Completion Report, in accordance with the provisions of 310 CMR 40.0446, has been submitted to the Department. Each Status Report shall document Release Abatement Measure activities occurring over the period of time since the previously submitted Status Report.

(2) Release Abatement Measure Status Reports shall contain, at a minimum, the following information:

(a) the status of response operations;

(b) any significant new site information or data;

(c) details of and/or plans for the management of Remediation Waste, Remedial Wastewater and/or Remedial Additives;

(d) any other information that the Department during its review and evaluation of a Status Report determines to be necessary to complete said Status Report, in view of site specific circumstances and conditions; and

(e) an LSP Opinion as to whether the Release Abatement Measure is being conducted in conformance with the Release Abatement Measure Plan and any conditions of approval established by the Department.

(3) Status Reports shall not be required for sites where a Release Abatement Measure Completion Report or a Permanent Solution Statement is received by the Department prior to the date on which the first Status Report is required pursuant to 310 CMR 40.0445(1). In the case of a Release Abatement Measure conducted at a site already subject to a Permanent Solution Statement in accordance with 310 CMR 40.1067, a Release Abatement Measure Status Report shall be required unless a Release Abatement Measure Completion Report or a revised Permanent Solution Statement is received by the Department prior to the date on which the first Status Report is required pursuant to 310 CMR 40.0445(1).

(4) Release Abatement Measure Status Reports shall be submitted to the Department using a transmittal form established by the Department for such purposes.

(5) For a disposal site where Active Operation and Maintenance of a remedial action is being conducted as part of a RAM, a Remedial Monitoring Report shall be submitted to the Department on a form established by the Department for such purposes at a frequency of every six months and concurrently with the submittal of the RAM Status Report. In such cases when the Active Operation and Maintenance of a remedial action is initiated after the submittal of the first RAM Status Report, the Remedial Monitoring Report shall be submitted concurrently with the next RAM Status Report.

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