Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart I - RISK CHARACTERIZATION
Section 40.0951 - Purpose and Scope of Imminent Hazard Evaluations

(1) The site shall be evaluated to determine if an Imminent Hazard exists in accordance with 310 CMR 40.0000. The decision to conduct a quantitative Imminent Hazard Evaluation shall use the Response Action Performance Standard (RAPS) described in 310 CMR 40.0191, and consider the location and nature of the oil and/or hazardous material, the Human or Environmental Receptors which may be exposed, and appropriate guidance published by the Department.

(2) If the results of this assessment indicate that the conditions at the site pose an Imminent Hazard based upon the criteria described in 310 CMR 40.0955, the Department shall be notified in accordance with 310 CMR 40.0311(7). Subsequent assessments performed as part of an Immediate Response Action shall consider the weight of evidence indicating the potential for an Imminent Hazard when making the evaluations described in 310 CMR 40.0426.

(3) Notwithstanding the provisions of 310 CMR 40.950, the concentration of each oil or hazardous material present in a system of water supply used by a public water system, as defined in 310 CMR 22.00: Drinking Water, shall not pose an Imminent Hazard or Substantial Hazard for current conditions if the public water system is in compliance with all applicable provisions of 310 CMR 22.00: Drinking Water and any other requirements specified by the Department pursuant to its authority under M.G.L. c. 111, § 160, and 310 CMR 22.00: Drinking Water.