Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES
Section 40.0502 - Tier ID Disposal Sites
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0502
Current through Register 1537, December 20, 2024
(1) A disposal site shall be deemed a Tier ID ("default") disposal site if any of the following apply:
(a) an RP, PRP or Other Person for such
disposal site fails to submit to the Department one of the following by the
applicable deadline in
310
CMR 40.0501:
1. a Permanent Solution Statement;
or
2. a Tier Classification
Submittal; or
(b) the
person undertaking response actions is in noncompliance with M.G.L. c. 21E,
310
CMR 40.0000 or any other applicable
requirement, and the Department reclassifies the disposal site as a Tier ID
disposal site pursuant to
310
CMR 40.0583.
(2) An RP, PRP or Other Person shall not conduct Comprehensive Response Actions pursuant to 310 CMR 40.0800 at a Tier ID disposal site.
(3) An RP, PRP or Other Person for any disposal site that was not previously classified and is deemed a Tier ID disposal site pursuant to 310 CMR 40.0502(1) shall Tier Classify such disposal site pursuant to the requirements at 310 CMR 40.0510.
(4) Any disposal site deemed a Tier ID disposal site pursuant to 310 CMR 40.0502(1)(b) shall be reclassified as follows:
(a) if the disposal site was
previously classified pursuant to
310
CMR 40.0510, then the previous classification
shall be effective when the Department determines that the RP, PRP, or Other
Person has addressed the noncompliance, provided such classification has not
expired; and
(b) if the disposal
site was not previously classified pursuant to
310
CMR 40.0510, then the RP, PRP or Other Person
shall classify the disposal site pursuant to
310
CMR 40.0510.
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