Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0852 - General Provisions

(1) A Phase III evaluation shall be conducted for any disposal site for which a Phase II Comprehensive Site Assessment has been completed and a Permanent Solution in accordance with 310 CMR 40.1000 has not yet been achieved.

(2) A Phase III evaluation shall result in the selection of a remedial action alternative which is a likely Permanent Solution, except where it is demonstrated pursuant to 310 CMR 40.0850 that a Permanent Solution is not feasible or that the implementation of a Temporary Solution would be more cost-effective and timely than the implementation of a feasible Permanent Solution.

(3) Except for any Temporary Solution achieved after providing a Downgradient Property Status Submittal to the Department in accordance with 310 CMR 40.0180, a Phase III evaluation shall be conducted before any Temporary Solution pursuant to 310 CMR 40.1000 may be achieved at a disposal site.

(4) The feasibility of achieving or approaching background levels of oil and hazardous material shall be evaluated in accordance with 310 CMR 40.0860 for all disposal sites where remedial actions are or have been taken to achieve a Permanent Solution and background levels are not achieved.

(5) The results and conclusions of the Phase III evaluation shall be documented in a Remedial Action Plan, as described in 310 CMR 40.0861. Where appropriate, the Remedial Action Plan may be provided in or appended to the Phase II Comprehensive Site Assessment Report described in 310 CMR 40.0835.