Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart H - COMPREHENSIVE RESPONSE ACTIONS
Section 40.0897 - Post-temporary Solution Operation, Maintenance and/or Monitoring

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0897

Current through Register 1531, September 27, 2024

(1)310 CMR 40.0897 shall apply to any disposal site where:

(a) a Temporary Solution Statement for a Temporary Solution under 310 CMR 40.1000 has been submitted to the Department;

(b) the operation, maintenance and/or monitoring of the Comprehensive Remedial Action is necessary to ensure that the conditions upon which the Temporary Solution is based are maintained; and

(c) operation, maintenance and/or monitoring activities are being conducted in accordance with the Remedy Implementation Plan submitted pursuant to 310 CMR 40.0874, or other operation, maintenance and monitoring (OMM) plan provided pursuant to 310 CMR 40.1057(2)(i).

(2) Post-temporary Solution operation, maintenance and/or monitoring 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 remedial action is meeting its design specifications;

(c) monitoring to evaluate current disposal site conditions and to evaluate the effectiveness of the remedial action in reducing, treating and/or containing oil and/or hazardous material;

(d) efforts to correct problems if performance monitoring indicates that the remedial action is not performing as designed;

(e) monitoring to confirm the long-term effectiveness of the remedial action in maintaining the Temporary Solution and, as applicable, making progress toward a Permanent Solution pursuant to 310 CMR 40.1000; and

(f) documentation and submission of the results of operation, maintenance and monitoring activities to the Department, as described in 310 CMR 40.0898.

(3) Post-temporary Solution operation, maintenance and/or monitoring activities shall be conducted 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 and remedial action plan. The OMM plan shall be revised and updated as warranted in response to updates to the Conceptual Site Model, changes in site conditions, modifications to remedial systems, mitigation measures or remedial programs or as otherwise necessary to ensure that the remedial action achieves design standards and remedial goals.

(4) Post-temporary Solution operation, maintenance and/or monitoring activities shall be documented and submitted to the Department in a Post-temporary Solution Status Report, and when required, Remedial Monitoring Reports in accordance with the requirements in 310 CMR 40.0898.

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