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 40.0466 - Utility-related Abatement Measure Completion Reports

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0466

Current through Register 1531, September 27, 2024

(1) A Utility-related Abatement Measure Completion Report shall be submitted to the Department within 60 days of the completion of all response actions associated with a Utility-related Abatement Measure.

(2) A Utility-related Abatement Measure Completion Report shall contain, at a minimum, the following:

(a) a succinct summary of information and data pertaining to the discovery, location and evaluation of encountered contamination, and of all response actions undertaken and/or completed;

(b) documentation on the management of Remediation Waste, Remedial Additives and/or Remedial Wastewater managed at the site; and

(c) details on any proposed or ongoing active or passive remedial systems that will remain in place at the site.

(3) Except as provided in 310 CMR 40.0466(4), a Utility-related Abatement Measure shall not be considered complete until all stockpiled/stored Remediation Waste generated as a result of the Utility-related Abatement Measure is removed from the site pursuant to the provisions of 310 CMR 40.0030.

(4) Remediation Waste may be stored, treated, managed, disposed, recycled or reused at a site following the submission to the Department of a Utility-related 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 Release Abatement Measure Plan pursuant to the provisions of 310 CMR 40.0440 or a Remedy Implementation Plan pursuant to the provisions of 310 CMR 40.0870 is submitted to the Department as an attachment to the Utility-related Abatement Measure Completion Statement.

(5) Except as provided in 310 CMR 40.0466(6), Utility-related 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 Utility-related Abatement Measure was conducted in accordance with 310 CMR 40.0460, and any approval conditions specified by the Department; and

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

(6) Notwithstanding the provisions of 310 CMR 40.0466(5), an LSP Opinion shall not be required for Utility-related Abatement Measure Completion Reports documenting response actions at those Utility-related Abatement Measures described at 310 CMR 40.0462(4).

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