Current through Register 1537, December 20, 2024
(1)
Disposal Site Information.
(a) Any person performing Tier Classification
for a disposal site shall evaluate such disposal site using the Tier
Classification Criteria described in 310 CMR 40.0520(2) based upon:
1. for an initial Tier Classification, data,
facts and other information obtained during a Phase I - Initial Site
Investigation and documented in the Phase I Report pursuant to
310
CMR 40.0480, and any other relevant data,
facts or information known by such person at the time of the initial Tier
Classification; and
2. for
reclassification, any data, facts and other information obtained subsequent to
the initial Tier Classification that are relevant to determining whether the
disposal site conditions meet the Tier I Criteria at 310 CMR
40.0520(2).
(b) For an
initial Tier Classification or reclassification, all relevant data, facts and
other information considered during Tier Classification shall be documented in
the applicable Phase Report(s) and the LSP Tier Classification Opinion. LSPs
shall use the Response Action Performance Standard in
310
CMR 40.0191 to develop an LSP Tier
Classification Opinion.
(c) Any
person performing an initial Tier Classification or reclassification may
account for risk reduction measures, if any, conducted at the disposal site
pursuant to
310
CMR 40.0400 prior to performing such Tier
Classification or reclassification, including Immediate Response Actions,
Release Abatement Measures and Utility-related Abatement Measures.
(2)
Tier I
Criteria. Any disposal site which meets the following criteria at
the time of Tier Classification shall be classified as Tier I:
(a) 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 within 500 feet of a
Private Water Supply Well;
(b) an
Imminent Hazard is present;
(c) one
or more remedial actions are required as part of an Immediate Response Action
pursuant to
310
CMR 40.0414(2); or
(d) one or more response actions are required
as part of an Immediate Response Action to eliminate or mitigate a Critical
Exposure Pathway pursuant to
310
CMR 40.0414(3).
(3) Any disposal site that meets
one or more of the Tier I Criteria set forth in 310 CMR 40.0520(2) and is
classified as Tier I may be reclassified as Tier II pursuant to
310
CMR 40.0530 once the Tier I Criteria no
longer apply at the disposal site, and, with regard to the Tier I Criteria at
310 CMR 40.0520(2)(b), (c) and (d), an Immediate Response Action Completion
Statement is submitted or has been submitted documenting the completion of the
Immediate Response Actions.
(4)
Tier II Classification. Any disposal site that is not
Tier ID pursuant to
310
CMR 40.0502 or 310 CMR 40.0520(5) and does
not meet the Tier I Criteria described at 310 CMR 40.0520(2) shall be
classified as Tier II.
