Current through Register 1531, September 27, 2024
(1) Post-temporary
Solution Status Reports as described in 310 CMR 40.0898(2) shall be submitted
to the Department as specified below:
(a) for
a disposal site with a Temporary Solution where Active Operation and
Maintenance is ongoing (i.e., an Active Remedial System or
Active Exposure Pathway Mitigation Measure is operating or an Active Remedial
Monitoring Program is being conducted), a Post-temporary Solution Status Report
shall be submitted to the Department six months from the receipt by the
Department of the Temporary Solution Statement and every six months thereafter
until Active Operation and Maintenance is ceased or a Permanent Solution is
achieved;
(b) except as provided at
310 CMR 40.0898(1)(c), for a disposal site with a Temporary Solution where
Active Operation and Maintenance is not being conducted, a Post-temporary
Solution Status Report shall be submitted to the Department with the Periodic
Review of the Temporary Solution Opinion required pursuant to
310
CMR 40.1050(4)(b);
(c) for a disposal site with a Temporary
Solution where Active Operation and Maintenance is not being conducted, upon
written notice by the Department, the Department may require a Post-temporary
Solution Status Report at a greater frequency than every five years. The
justification for such frequency shall be based on the Department's assessment
of site conditions, including but not limited to the stability of disposal site
conditions, current and foreseeable disposal site risk, and the progress being
made toward a Permanent Solution;
(d) in all cases, Post-temporary Solution
Status Reports shall document activities occurring over the period of time
since the submission to the Department of the Temporary Solution Statement or
previously submitted Status Report, whichever occurred last; and
(e) the submittal of Post-temporary Solution
Status Reports at the frequency specified at 310 CMR 40.0898(a) through (c)
shall have the effect of maintaining a Tier Classification or Tier
Classification Extension obtained pursuant to
310
CMR 40.0560(7) for the
duration that such Status Reports are submitted to the Department.
(2) Post-temporary Solution Status
Reports shall include, without limitation, the following:
(a) a description of the status of response
actions at the disposal site and type and frequency of operation, maintenance
and/or monitoring activities conducted;
(b) any significant new site information or
data;
(c) a description of any
significant modifications of the operation, maintenance and/or monitoring
program made since the submission of the preceding Status Report;
(d) an evaluation of the performance of the
remedial action during the period of time since the last Status Report,
including whether the remedial action is achieving remedial goals specified in
the applicable remedial action plan and a description of any conditions or
problems noted during the period that are or may be affecting the performance
of the remedial action;
(e) a
description of any measures taken to correct conditions which are affecting the
performance of the remedial action; and
(f) the name, license number, signature and
seal of the LSP.
(3) For
a disposal site where Active Operation and Maintenance of a remedial action is
being conducted, in addition to and/or in conjunction with the submittal of
Post-temporary Solution Status Reports, a Remedial Monitoring Report shall be
submitted to the Department on a form established by the Department for such
purposes with the first Post-temporary Solution Status Report and every six
months thereafter. In such cases where the Active Operation and Maintenance of
a remedial action is not initiated until after the submittal of the first
Post-temporary Solution Status Report, the Remedial Monitoring Report shall be
submitted concurrently with the next Post-temporary Solution Status
Report.
