Current through Register 1531, September 27, 2024
(1)
Applicability. Remedy Operation Status applies to
disposal sites in Phase V where a Comprehensive Remedial Action that relies
upon Active Operation and Maintenance of a remedial system, mitigation measure,
remedial program or combination thereof and meets the requirements of 310 CMR
40.0893 is being conducted for the purpose of achieving a Permanent
Solution.
(2)
Performance Standard for Remedy Operation Status. To
achieve and maintain Remedy Operation Status for a disposal site:
(a) Phase III and Phase IV Comprehensive
Response Actions as described in
310
CMR 40.0850 and
40.0870, respectively, shall
be completed;
(b) the remedial
system, mitigation measure, remedial program or combination thereof shall be
adequately designed in accordance with
310
CMR 40.0870 to achieve a Permanent
Solution;
(c) the remedial system,
mitigation measure, remedial program or combination thereof shall be operated
and maintained in accordance with the requirements of
310
CMR 40.0890 and
310
CMR 40.0000 and any applicable permits,
approvals or licenses;
(d) each
Source of OHM Contamination shall be eliminated or controlled in accordance
with 310 CMR 40.1003(5)(a)
and
310
CMR 40.1003(5)(c);
(e) plumes of dissolved OHM in groundwater,
and vapor-phase OHM in the Vadose Zone are stable or contracting or otherwise
controlled or mitigated to the extent feasible;
(f) any Substantial Hazard shall be
eliminated;
(g) where the remedy
includes one or more Active Exposure Pathway Mitigation Measure(s), the
requirements at
310
CMR 40.1026 are met; and
(h) at a minimum, information and data on
operation and maintenance or monitoring shall be documented and submitted to
the Department in Status and Remedial Monitoring Reports at the frequency
described in
310
CMR 40.0892.
(3)
Content of
Submittal. Unless otherwise specified by the Department, Remedy
Operation Status shall be effective upon submission of a completed Remedy
Operation Status Submittal. A complete Submittal shall include:
(a) a completed transmittal form established
by the Department for such purposes;
(b) a Remedy Operation Status Opinion
prepared in accordance with
310
CMR 40.0015 that finds that each of the
performance standards described in 310 CMR 40.0893(2) are met; and
(c) the certification required by
310
CMR 40.0009.
(4)
Effect of Remedy Operation
Status. At any site with Remedy Operation Status, the deadline to
achieve a Permanent or Temporary Solution within five years of the effective
date of a Tier Classification as described in
310
CMR 40.0560 shall not apply, and a Tier
Classification Extension as described in
310
CMR 40.0560(7) shall not be
required provided that the Remedy Operation Status is not terminated pursuant
to 310 CMR 40.0893(6).
(5)
Transfer or Modification of Remedy Operation Status.
Remedy Operation Status may be transferred to one or more person(s) who will
assume responsibility for the ongoing operation of the Comprehensive Remedial
Action under Remedy Operation Status or modified to add one or more persons to
those persons conducting response actions under Remedy Operation Status. Unless
otherwise specified by the Department, such transfer or modification shall take
effect upon the submittal of the following to the Department:
(a) a completed transmittal form established
by the Department for such purpose;
(b) the written consent of the RP, PRP or
Other Person(s) that submitted the Remedy Operation Status submittal;
(c) for each transferee or each person to be
added to those persons conducting response actions, a statement detailing that
person's history of compliance with the Department's requirements including,
but not limited to, M.G.L. c. 21E,
310
CMR 40.0000 and other laws for the protection
of health, safety, public welfare and the environment administered or enforced
by the Department or other federal, state or local government agencies that are
material to the disposal site;
(d)
in the case of a modification to add a person(s) to those persons conducting
response actions or of more than one transferee, designation of a primary
representative and a certification that he or she is fully authorized to act on
behalf of the persons conducting response actions under Remedy Operation
Status;
(e) a statement as to why
the transfer or modification is being sought; and
(f) the certification required by
310
CMR 40.0009 for each person to be added to
those conducting response actions.
(6)
Termination of Remedy
Operation Status.
(a) Remedy
Operation Status shall terminate if:
1. the
person providing the Remedy Operation Status Opinion fails to meet the
requirements of 310 CMR 40.0893(2). Mechanical failure of the system and/or the
need to undertake substantial system modifications shall not terminate Remedy
Operation Status if written notice is provided to the Department and the
operation of the remedy is resumed in accordance with 310 CMR 40.0893(6)(b);
or
2. the person providing the
Remedy Operation Status Opinion notifies the Department in accordance with 310
CMR 40.0893(6)(c) that such person intends to terminate Remedy Operation
Status;
(b) Any person
conducting response actions at a disposal site with Remedy Operation Status who
obtains knowledge that the criteria in 310 CMR 40.0893(2) are no longer being
met, including knowledge of a mechanical failure and/or need to substantially
modify the remedial system or program, shall provide written notice to the
Department in the form of a Status Report within 30 days of obtaining such
knowledge. Notice shall include plans and a timetable to correct failures
and/or to implement modifications of the remedial system or program. Remedy
Operation Status shall terminate unless the remedial system or program is
operating in accordance with 310 CMR 40.0893(2) within 120 days of providing
such written notice or within an Interim Deadline established by the Department
and a Status Report is submitted to the Department that documents the resumed
operation of the remedy within 120 days of the notice or the Interim Deadline,
whichever is applicable;
(c) Any
person who intends to discontinue operation of the remedial system or program
or, where applicable, an Active Exposure Pathway Mitigation Measure, on which
the Remedy Operation Status is based and/or otherwise terminate Remedy
Operation Status, shall provide written notice to the Department. Remedy
Operation Status shall terminate upon the Department's receipt of such
notice;
(d) Notwithstanding 310 CMR
40.0893(6)(c), any person who intends to discontinue operation of the remedial
system, program or Active Exposure Pathway Mitigation Measure on which the
Remedy Operation Status is based in order to assess whether the remedial goals
have been achieved and conditions remain stable over time may maintain Remedy
Operation Status provided that he or she:
1.
notifies the Department of the system shut down for the purpose of such
evaluation and the plans for monitoring site conditions in the next required
Status Report following system shut down;
2. continues to submit Status Reports at the
frequency required in
310
CMR 40.0892; and
3. notifies the Department if operation of
the system is resumed in the next required Status Report following resumed
operation;
(e) Any person
conducting response actions at a disposal site where Remedy Operation Status
has been terminated pursuant to 310 CMR 40.0893(6)(a) shall have two years from
the date of the termination to achieve a Permanent or Temporary Solution.
Response actions after the termination of Remedy Operation Status shall not be
conducted without a valid Tier Classification or Extension
thereof.
