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 40.0465 - Utility-related Abatement Measures Status and Remedial Monitoring Reports

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0465

Current through Register 1531, September 27, 2024

(1) Persons conducting Utility-related Abatement Measures shall submit a Status Report to the Department 120 days following notification to the Department of their intentions to conduct a Utility-related Abatement Measure pursuant to 310 CMR 40.0462(1)(b), and every six months thereafter, until a Utility-related Abatement Measure Completion Report is submitted to the Department in accordance with 310 CMR 40.0466. Each Status Report shall document Utility-related Abatement Measure activities occurring over the period of time since the previously submitted Status Report.

(2) Utility-related 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 required by the Department pursuant to any condition that the Department imposes on the right to conduct Utility-related Abatement Measures, pursuant to 310 CMR 40.0463(2); and

(e) an LSP Opinion as to whether the Utility-related Abatement Measure is being conducted in conformance with the provisions of 310 CMR 40.0000 and any conditions established by the Department.

(3) Status Reports shall not be required for any Utility-related Abatement Measure completed within 120 days following notification to the Department of the intention to conduct the same, pursuant to 310 CMR 40.0462(1)(b).

(4) Utility-related 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 URAM, 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 URAM Status Report. In such cases when the Active Operation and Maintenance of a remedial action is initiated after the submittal of the first URAM Status Report, the Remedial Monitoring Report shall be submitted concurrently with the next URAM Status Report.

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