Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0871 - General Provisions

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0871

Current through Register 1531, September 27, 2024

(1) Phase IV contains requirements for the design, construction, and implementation of the Comprehensive Remedial Action Alternative selected as a result of the Phase III evaluation under 310 CMR 40.0850.

(2) Phase IV activities shall include, without limitation, the following:

(a) preparation of a Remedy Implementation Plan (RIP) as set forth in 310 CMR 40.0874;

(b) documentation of the construction of the Comprehensive Remedial Alternative as described in 310 CMR 40.0875; and

(c) implementation and final inspection of the Comprehensive Remedial Alternative.

(3) Where appropriate, reports and plans prepared required in Phase IV may be combined.

(4) RPs, PRPs and Other Persons conducting Phase IV activities shall ensure that persons with the appropriate level of training, supervision and applicable licenses or certifications are engaged in the design, construction, operation and maintenance of the Comprehensive Remedial Alternative.

(5) All federal, state and local permits, licenses or approvals and any agreements necessary for construction and operation of the Comprehensive Remedial Alternative shall be secured as early in Phase IV as possible in order to avoid delays in implementing the remedial action.

(6) The Comprehensive Remedial Alternative shall not be implemented until a complete RIP, as described in 310 CMR 40.0874, has been received by the Department. Unless otherwise specified by the Department in writing, or pursuant to 310 CMR 40.0046(3) for the portion of such RIP related to the application of Remedial Additives near sensitive receptors, approval from the Department shall not be required to implement the Comprehensive Remedial Alternative. Any person implementing the Comprehensive Remedial Alternative shall conform with the proposals and specifications contained in the RIP and any conditions specified by the Department. Significant modifications to the RIP shall be submitted to the Department prior to implementation of the modifications.

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