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 40.0446 - Release Abatement Measure Completion Report

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0446

Current through Register 1531, September 27, 2024

(1) A Release Abatement Measure Completion Report shall be submitted to the Department no later than 60 days following the completion of those remedial actions proposed in the Release Abatement Measure Plan and/or approved by the Department pursuant to 310 CMR 40.0443.

(2) A Release Abatement Measure shall be considered complete when the objectives of the Release Abatement Measure Plan have been met, and when all active and ongoing remedial actions related to the Release Abatement Measure have been terminated.

(3) Unless otherwise specified in writing by the Department, a Release Abatement Measure Completion Report shall not be required for sites where a Permanent Solution Statement, as described in 310 CMR 40.1000, is submitted to the Department within 120 days following receipt by the Department of the complete initial Release Abatement Measure Plan to conduct the Release Abatement Measure or, 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 revised Permanent Solution Statement is submitted.

(4) A Release Abatement Measure Completion Report shall contain, at a minimum, the following:

(a) a description of the release or threat of release, site conditions, and surrounding receptors;

(b) a description of the Release Abatement Measure completed at the disposal site, including work undertaken in response to any conditions of approval imposed by the Department;

(c) all investigatory and monitoring data obtained during the implementation of the Release Abatement Measure;

(d) a succinct statement of findings and conclusions resulting from implementation of the Release Abatement Measure, including a statement as to whether the objectives of the Release Abatement Measure have been met;

(e) details and documentation on the management of any Remediation Waste, Remedial Wastewater and/or Remedial Additives managed at the site as part of the Release Abatement Measure; and

(f) a description of any ongoing activities related to the Release Abatement Measure that will be conducted at the disposal site, including monitoring activities, and the maintenance of fences, caps and other passive systems.

(5) Release Abatement Measure Completion Reports shall be submitted to the Department appended to a Completion Statement form established by the Department for such purposes. The Completion Statement form shall contain:

(a) an LSP Opinion on whether the Release Abatement Measure was conducted in accordance with 310 CMR 40.0440, any approval conditions specified by the Department, and, where submitted, the Release Abatement Measure Plan; and

(b) the certification of the submittal required by 310 CMR 40.0009.

(6) Except as provided in 310 CMR 40.0446(7), a Release Abatement Measure shall not be considered complete until all stockpiled/stored Remediation Waste generated, as a result of the Release Abatement Measure, is removed from the site pursuant to the provisions of 310 CMR 40.0030.

(7) Remediation Waste may be stored, treated, managed, disposed, recycled or reused at a site following the submission to the Department of a Release Abatement Measure Completion Report and Completion Statement only if:

(a) such actions are conducted in conformance with the provisions of 310 CMR 40.0030; and

(b) a Remedy Implementation Plan pursuant to the provisions of 310 CMR 40.0870 is submitted to the Department as an attachment to the Release Abatement Measure Completion Statement.

(8) Unless otherwise directed by the Department, Release Abatement Measure Completion Reports are not subject to approval by the Department.

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