Current through Register 1531, September 27, 2024
(1) At a minimum, at a disposal site where
Phase V operation, maintenance and/or monitoring of Comprehensive Response
Actions is being conducted, a Phase V Status Report as described in 310 CMR
40.0892(2) shall be submitted to the Department six months from the receipt by
the Department of the Phase IV Completion Statement and every six months
thereafter for the duration of the operation of the remedy. Each Status Report
shall document activities occurring over the period of time since the
previously submitted Status Report.
(2) Phase V Status Reports shall include,
without limitation, 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 submission of the preceding Phase V Status Report;
(c) an evaluation of the performance of the
remedial action during the period of time since the last Status Report,
including:
1. whether the remedial action is
achieving remedial goals specified in the Phase IV Remedy Implementation Plan
as described in
310
CMR 40.0874(3);
2. where the remedial action is being
conducted under Remedy Operation Status pursuant to
310
CMR 40.0893, whether the Performance
Standards at
310
CMR 40.0893(2) continue to
be met; and
3. a description of any
conditions or problems noted during the period that are or may be affecting the
performance of the remedial action;
(d) a description of any measures taken to
correct conditions which are affecting the performance of the remedial action;
and
(e) the name, license number,
signature and seal of the LSP.
(3) For a disposal site where Active
Operation and Maintenance of a Comprehensive Remedial Action is being
conducted, in addition to and/or in conjunction with the submittal of a Phase V
Status Report, 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 Phase V
activities include the Active Operation and Maintenance of a Comprehensive
Remedial Action to address an Imminent Hazard or Condition of Substantial
Release Migration, with the first Phase V Status Report and monthly thereafter.
In such cases where the Active Operation and Maintenance of a Comprehensive
Remedial Action is not initiated until after the submittal of the first Phase V
Status Report, the Remedial Monitoring Report shall be submitted on the monthly
anniversary of the submittal of the first Phase V Status Report;
(b) when Phase V activities include Active
Operation and Maintenance of a Comprehensive Remedial Action to address
conditions that do not pose an Imminent Hazard or Condition of Substantial
Release Migration, with the first Phase V Status Report and every six months
thereafter. In such cases where the Active Operation and Maintenance of the
Comprehensive Remedial Action is initiated after the submittal of the first
Phase V Status Report, the Remedial Monitoring Report shall be submitted
concurrently with the submittal of the next Phase V Status Report;
(c) Notwithstanding 310 CMR 40.0892(3)(a) and
(b), when activities that include the Active Operation and Maintenance of a
Comprehensive Remedial Action are continued in Phase V after being initiated in
a previous phase of work (i.e., as an Immediate Response
Action, Release Abatement Measure, or during the initial implementation and
operation of a remedy in Phase IV), the Status Report submittal schedule
established under the previous phase of work shall be continued into Phase
V.
