Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0891 - Phase V General Provisions

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0891

Current through Register 1531, September 27, 2024

(1) The provisions of Phase V shall apply to disposal sites where Phase IV response actions have been completed and operation, maintenance and/or monitoring of the Comprehensive Remedial Action is necessary to achieve a Permanent or Temporary Solution under 310 CMR 40.1000.

(2) Phase V activities may include the following:

(a) operation and maintenance of the Comprehensive Remedial Action;

(b) monitoring to evaluate the performance of the remedial systems and whether the Comprehensive Remedial Action is meeting its design specifications;

(c) monitoring of conditions at the disposal site to evaluate the effectiveness of the Comprehensive Remedial Action in reducing, treating and/or containing oil and/or hazardous material;

(d) efforts to correct problems if performance monitoring indicates that the Comprehensive Remedial Action is not performing as designed; and/or

(e) documentation and submission of the results of operation, maintenance and monitoring activities to the Department, as described in 310 CMR 40.0892.

(3) Operation, maintenance and/or monitoring activities shall follow the OMM plan developed as part of the Remedy Implementation Plan in Phase IV under 310 CMR 40.0874(3)(d). The OMM plan shall be revised and updated as warranted in response to changes in site conditions, updates to the Conceptual Site Model, modifications to remedial systems, mitigation measures or remedial programs, or as otherwise necessary to ensure that the Comprehensive Remedial Action achieves design standards and remedial goals identified in the RIP pursuant to 310 CMR 40.0874(3)(b)1.

(4) Operation, maintenance and/or monitoring activities shall be documented and submitted to the Department as described in 310 CMR 40.0892.

(5) Operation, maintenance and/or monitoring activities shall be performed at a frequency which is sufficient to ensure the effective performance and the integrity of the remedial action, consistent with the Response Action Performance Standard as described in 310 CMR 40.0191, and in conformance with the terms of applicable permits, approvals, licenses or provisions in 310 CMR 40.0000.

(6) Phase V operation, maintenance and/or monitoring activities shall be documented and submitted to the Department in Phase V Status Reports, and when required, Remedial Monitoring Reports in accordance with the requirements in 310 CMR 40.0892.

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