Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0877 - Phase IV Status Report and Remedial Monitoring Report

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0877

Current through Register 1531, September 27, 2024

(1) For a disposal site where Active Operation and Maintenance of a remedial action is conducted prior to the submittal of a Final Inspection Report and Phase IV Completion Statement to test and monitor the initial implementation and operation of the Comprehensive Remedial Alternative, a Remedial Monitoring Report shall be submitted to the Department on a form established by the Department for such purposes at the following frequency:

(a) when the selected Comprehensive Remedial Alternative involves Active Operation and Maintenance to address an Imminent Hazard or Condition of Substantial Release Migration, monthly; or

(b) when the selected Comprehensive Remedial Alternative involves Active Operation and Maintenance to address conditions that do not pose an Imminent Hazard or Condition of Substantial Release Migration, every six months.

(2) For a disposal site where Active Operation and Maintenance of the selected Comprehensive Remedial Alternative is conducted prior to the submittal of a Final Inspection Report and Phase IV Completion Statement to test and monitor the initial implementation and operation of the Comprehensive Remedial Alternative, a Phase IV Status Report, as described in 310 CMR 40.0877(4) shall be submitted with the initial Remedial Monitoring Report and every six months thereafter.

(3) Unless otherwise specified by the Department, for a disposal site where Active Operation and Maintenance of the selected Comprehensive Remedial Alternative is not conducted prior to the submittal of a Final Inspection Report and Phase IV Completion Statement, a Phase IV Status Report shall not be required, but may be submitted at the discretion of the person(s) conducting response actions.

(4) A Phase IV Status Report shall include, as appropriate, the following:

(a) a description of the type and frequency of operation, maintenance and/or monitoring activities conducted;

(b) a description of any significant modifications of the operation, maintenance and/or monitoring program made since the RIP or any preceding Phase IV Status Report;

(c) an evaluation of the performance of the Comprehensive Remedial Alternative during the reporting period, including whether the initial implementation and operation of the Comprehensive Remedial Action indicates that the remedy is performing as designed to achieve the remedial goals of the Phase IV Remedy Implementation Plan described in 310 CMR 40.0874(3);

(d) a description of any conditions or problems noted during the period that are or may be affecting the performance of the Comprehensive Remedial Action;

(e) a description of any measures taken to correct conditions which are affecting the performance of the Comprehensive Remedial Action; and

(f) the name, license number, signature and seal of the LSP.

(5) After the submittal of a Phase IV Completion Statement, the person(s) conducting the Comprehensive Remedial Action shall submit Status and Remedial Monitoring Reports for the continued Active Operation and Maintenance of a remedial action initiated during Phase IV pursuant to the requirements of 310 CMR 40.0892 or 40.0897 and 40.0898, as applicable.

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