Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0874 - Remedy Implementation Plan (RIP)

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0874

Current through Register 1531, September 27, 2024

(1) A Remedy Implementation Plan shall be developed for the selected Comprehensive Remedial Alternative.

(2) Technical justification, as specified in 310 CMR 40.0193, may be used to limit or forgo assessment or evaluation elements of the RIP. When technical justification is used, a description of the site-specific conditions and characteristics which make a requirement unwarranted shall be provided in the applicable section of the RIP.

(3) A RIP shall include, without limitation, the following elements:

(a) a list of relevant contacts, including:
1. names, addresses, and telephone numbers of the RP, PRP or Other Persons responsible for submittal of the RIP;

2. name, address, and telephone number of the LSP; and

3. identification of those persons who will own, operate and/or maintain the selected Comprehensive Remedial Alternative during and following construction;

(b) Engineering Design. The RIP shall document engineering concepts and design criteria to be used for the design and construction of the Comprehensive Remedial Alternative including as appropriate and without limitation:
1. goals of the remedial action, including performance requirements of the remedial systems, the requirements for achieving a Permanent or Temporary Solution (whichever is applicable) under 310 CMR 40.1000 and the projected timeframe, based on available information for achieving such Permanent or Temporary Solution;

2. any significant changes in or new information related to disposal site conditions which were not included in previous submittals, together with a narrative of the disposal site Conceptual Site Model, updated as necessary, incorporating as appropriate, relevant maps, graphs, and data tables;

3. disposal site maps showing existing disposal site features and proposed locations of activities associated with the remedial action;

4. a description of the characteristics, quantity, and location of environmental media or materials to be treated or otherwise managed;

5. a description and conceptual plan of the activities, treatment units, facilities, and processes to be used to implement the selected remedial action alternative, including flow diagrams;

6. relevant design and operation parameters, including:
a. design criteria, assumptions and calculations;

b. expected treatment, destruction, immobilization, or containment efficiencies and documentation of how that degree of effectiveness was determined; and

c. demonstration that the selected Comprehensive Remedial Alternative will achieve the identified remedial goals (may include information from pilot or treatability tests, similar operations, or scientific literature);

7. design features for control of oil and hazardous material spills and accidental discharge or system malfunction, including without limitation: containment structures, leak detection devices, run-off controls, pressure valves, bypass systems, or safety cutoffs;

8. a description of the methods for management or disposal of any treatment residual, contaminated soils, and other waste materials containing oil and/or hazardous material generated as a result of the selected Comprehensive Remedial Alternative;

9. identification of site-specific characteristics which may affect or be affected by the design, construction, or operation of the selected Comprehensive Remedial Alternative including, but not limited to:
a. relationship of the selected Comprehensive Remedial Alternative to existing disposal site activities or operations;

b. drainage features;

c. natural resource areas, local planning and development issues; and

d. soil characteristics and groundwater characteristics;

10. a discussion of measures to be incorporated into the design, construction and operation of the selected Comprehensive Remedial Alternative to avoid any deleterious impact on environmental receptors and natural resource areas (including any surface water or wetland), or where it is infeasible to avoid any such impact, a discussion of measures to minimize or mitigate any impact; and

11. a general description of inspections and monitoring which will be performed to ensure adequate construction and performance of the selected Comprehensive Remedial Alternative;

(c) Construction Plans and Specifications. Construction plans shall be prepared in conformance with appropriate engineering and construction standards and practices and regulations applicable to construction plans and activities. Information on the proposed plans for the construction of the selected Comprehensive Remedial Alternative shall be provided in the RIP and include, without limitation, the following:
1. as appropriate, plans, material specifications, and procedures related to the construction of the selected Comprehensive Remedial Alternative; and

2. a schedule for the design and construction of the Comprehensive Remedial Alternative;

(d) Operation, Maintenance and/or Monitoring (OMM). In cases where the Comprehensive Remedial Alternative for the disposal site requires operation, maintenance and/or monitoring activities to ensure the effective performance and integrity of the Comprehensive Remedial Alternative and/or the achievement of remedial goals identified pursuant to 310 CMR 40.0874(3)(b)1., an Operation, Maintenance and/or Monitoring plan shall be developed and included in the RIP. The OMM plan shall include measures necessary to assure effective operations of the Comprehensive Remedial Action under both normal and emergency conditions. The OMM plan shall include, as appropriate and without limitation, the following:
1. name and telephone number of the person(s) conducting operation, maintenance and/or monitoring activities;

2. general operating procedures, including start-up, testing, maintenance, shutdown, and emergency or contingency procedures; and

3. specification of the type, frequency and duration of monitoring, and testing or inspections to ensure and confirm that the remedial action is performing as designed. The frequency of monitoring and/or inspections shall be consistent with the Response Action Performance Standard, as described in 310 CMR 40.0191, and in conformance with applicable provisions of 310 CMR 40.0000, including 310 CMR 40.0040 through 310 CMR 40.0049, and the terms of applicable permits, approvals or licenses;

(e) a health and safety plan, to be followed during the construction and implementation of the selected Comprehensive Remedial Alternative, that adheres to the procedures described in 310 CMR 40.0018;

(f) a list of any necessary federal, state or local permits, licenses and/or approvals required for the design, construction and/or operation of the selected remedial action alternative and a description of any additional information needed to meet the requirements thereof; and

(g) a discussion of any property access issues which are relevant to the implementation of the selected Comprehensive Remedial Alternative, and a plan and timetable for resolving property access problems.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.