Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0859 - Selection of Remedial Action Alternative

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0859

Current through Register 1531, September 27, 2024

(1) Except as provided in 310 CMR 40.0857(2), remedial action alternatives shall be selected based on the detailed evaluation criteria contained in 310 CMR 40.0858 and in compliance with the provisions set forth in 310 CMR 40.0850, 40.0900 and 40.1000.

(2) A remedial action alternative which is a Permanent Solution shall be selected if a feasible Permanent Solution has been identified and its implementation is found to be more cost-effective and timely than would be the implementation of a Temporary Solution.

(a) If there is no such feasible Permanent Solution, a Temporary Solution shall be selected and implemented and a plan shall be prepared pursuant to 310 40.0861(2)(h) for the identification and development of a Permanent Solution.

(b) Where a Permanent Solution for the entire disposal site is not feasible, the evaluation of remedial alternatives may consider remedial action alternatives to achieve a Permanent Solution at one or more portions of the disposal site.

(3) Any selected Permanent Solution shall, to the extent feasible, reduce the concentrations of oil and hazardous material in the environment to levels that achieve or approach background.

(4) An Engineered Barrier, cap or other remedial action alternative that relies upon on-site disposal, isolation, or containment of oil and/or hazardous material shall not be selected, unless and until a Phase III evaluation performed pursuant to the provisions of 310 CMR 40.0850 demonstrates the lack of a feasible alternative.

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