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 40.0510 - Tier Classification Process

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0510

Current through Register 1537, December 20, 2024

(1) The Tier Classification process consists of:

(a) the completion of a Phase I - Initial Site Investigation Report in accordance with 310 CMR 40.0480;

(b) a comparison of conditions at a disposal site with the Tier I Criteria set forth in 310 CMR 40.0520(2);

(c) the preparation and filing with the Department of a Tier Classification Submittal in accordance with 310 CMR 40.0510(2); and

(d) the public involvement activities relevant to Tier Classification, including, but not limited to, those activities set forth in 310 CMR 40.1403(3) and (6). Response actions may be initiated or continued at the disposal site during the public and written notice period described in 310 CMR 40.1403(6)(a), unless otherwise prohibited by the Department.

(2) A Tier Classification Submittal shall consist of the following:

(a) a completed Tier Classification transmittal form using the form established by the Department for such purposes;

(b) an LSP Tier Classification Opinion pursuant to 310 CMR 40.0510(4);

(c) the certification required by 310 CMR 40.0009;

(d) the certification required by 310 CMR 40.0540(1);

(e) the compliance history required by 310 CMR 40.0540(2); and

(f) a conceptual Phase II Scope of Work that, at a minimum, includes:
1. a general plan for assessing contaminants of concern, potential receptors and potential exposure pathways, identifying the likely technical approach(es) to be used; and

2. a projected schedule that includes interim milestones.

(3) Tier Classification Public and Written Notice Requirements.

(a) The following actions must be taken to provide notice to the public and local officials of the Tier Classification:
1. within seven days of filing a Tier Classification Submittal, publish a public notice pursuant to 310 CMR 40.1403(2)(b) as specified at 310 CMR 40.1403(6)(a);

2. at least three days prior to publication of the public notice, provide a written notice pursuant to 310 CMR 40.1403(2)(a) to the Chief Municipal Officer(s) and Board(s) of Health in the community(ies) in which the disposal site is located and in any other community(ies) that is, or is likely to be, affected by the disposal site as specified at 310 CMR 40.1403(6)(b); and

3. in the case of a Tier I Classification for a disposal site where there is evidence of groundwater contamination with oil and/or hazardous material at concentrations equal to or exceeding the applicable RCGW-1 Reportable Concentration set forth in 310 CMR 40.0360, and such groundwater is located within an Interim Wellhead Protection Area, Zone II, or Zone A of a Class A surface drinking water source, provide the owner(s) of the Public Water Supply with a written notice pursuant to 310 CMR 40.1403(2)(a) at least three days prior to publication of the public notice, that includes:
a. a copy of the public notice; and

b. a copy of the disposal site map included in the Phase I Report pursuant to 310 CMR 40.0483(1)(b).

(b) Publication of the public notice shall be documented to the Department as specified at 310 CMR 40.1403(2)(c)2.

(c) A copy of each written notice sent to local officials and, where applicable, Public Water Supply owner(s), pursuant to 310 CMR 40.0510(3)(a)2. and 3. respectively, shall be concurrently submitted to the Department as specified at 310 CMR 40.1403(2)(c)1.

(4) An LSP Tier Classification Opinion shall consist of:

(a) a completed Phase I Report pursuant to 310 CMR 40.0480;

(b) on the basis of the Tier I Criteria at 310 CMR 40.0520(2), an LSP Opinion as to whether a disposal site should be classified as Tier I or Tier II; and

(c) any other information required by 310 CMR 40.0520 or 40.0530 including, but not limited to, any other Phase Reports, Status Reports and Completion Statements material to the LSP Tier Classification Opinion.

(5) Unless otherwise specified by the Department, the Tier Classification effective date shall be the date a complete Tier Classification Submittal is received by the Department. Such Tier Classification as either Tier I or Tier II shall apply unless and until the RP, PRP or Other Person submits a subsequent reclassification to the Department pursuant to 310 CMR 40.0530 or the Department reclassifies the disposal site pursuant to 310 CMR 40.0583.

(6) Reclassification of a disposal site does not change the effective date of the Tier Classification.

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