Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0810 - General Provisions for Comprehensive Response Actions

(1) Comprehensive Response Actions shall be performed in sequential phases. The phases of Comprehensive Response Actions consist of:

(2) The results of each phase of Comprehensive Response Actions shall be documented in one or more reports, and submitted to the Department in a manner specified in 310 CMR 40.0800 and within the applicable deadlines specified in 310 CMR 40.0550 and 40.0560. Where appropriate, Comprehensive Response Action reports may be combined and submitted to the Department simultaneously.

(3) Each phase of Comprehensive Response Actions shall build upon the results of previous work, continuing until a Permanent or Temporary Solution as described in 310 CMR 40.1000 is reached for the disposal site. The Department shall not recognize receipt of a Completion Statement for a Phase unless the Completion Statement for the previous Phase has been submitted.

(4) RPs, PRPs and Other Persons conducting Comprehensive Response Actions at disposal sites shall comply with all applicable provisions of 310 CMR 40.0800 and this Contingency Plan.

(5) RPs, PRPs and Other Persons conducting Comprehensive Response Actions shall engage or employ the services of a Licensed Site Professional.

(6) The scope and level of detail of response actions taken under 310 CMR 40.0800 shall be commensurate with the nature and complexity of the specific disposal site. The investigation process described in 310 CMR 40.0800 is intended to allow for varying levels of effort from disposal site to disposal site to avoid the collection of unnecessary information and unwarranted steps that could delay remedial actions. In all cases, the scope and level of detail of response actions taken under 310 CMR 40.0800 shall be sufficient to ensure that the applicable requirements and performance standards of these regulations are met, and that the response actions are conducted in a manner consistent with the Response Action Performance Standard as described in 310 CMR 40.0191.

(7) Technical justification, as described in 310 CMR 40.0193, may be provided to limit or forego one or more of the assessment or evaluation elements of 310 CMR 40.0800. Technical justification may not be used to forgo procedural requirements, such as the submission of reports, notices or documents required as part of Comprehensive Response Actions under 310 CMR 40.0800. When technical justification is used to forgo or limit an assessment or evaluation element, a description of the site-specific conditions and characteristics that make the requirement unwarranted and any documentation necessary to support any such justification shall be provided in the applicable submittal to the Department.

(8) If at any time during the conduct of response actions under 310 CMR 40.0800 an Imminent Hazard, sudden release, or other time-critical release or site condition is identified at a disposal site, as described in 310 CMR 40.0412, Immediate Response Actions shall be performed as set forth in 310 CMR 40.0400.

(9) Comprehensive Response Actions shall be conducted in a manner protective of health, safety, public welfare, and the environment, and in accordance with the Health and Safety provisions of 310 CMR 40.0018.

(10) Nothing in 310 CMR 40.0800 shall limit the ability of the Department to initiate, oversee, or order the performance of any response action deemed necessary by the Department to protect health, safety, public welfare, or the environment or impose additional requirements which are consistent with the purposes on M.G.L. c. 21E or 310 CMR 40.0000.

(11) Notwithstanding any provision to the contrary, the Department may at any time require an RP, PRP or Other Person undertaking Comprehensive Response Actions pursuant to 310 CMR 40.0800 to obtain prior Departmental approval of one or more of the response actions or submittals required pursuant to 310 CMR 40.0800. The Department may require such prior approval for submittals or response actions as they relate to the entire disposal site or to some portion thereof.