(1) The
focus of a Substantial Hazard Evaluation shall be on possible exposures to
Human and Environmental Receptors, considering the current use(s) of the
disposal site and the surrounding environment and, where applicable, any
Activity and Use Limitation for the site. A Substantial Hazard Evaluation shall
not include fish consumption where a fish advisory has been put in place by the
Commonwealth of Massachusetts or the federal government and the public is fully
informed of the advisory by signage and/or other communication media.
(a) A condition of No Substantial Hazard to
Health would exist if, for an appropriate Exposure Period, no Cumulative
Receptor Cancer Risk and no Cumulative Receptor Noncancer Risk is greater than
the Cumulative Receptor Risk Limits specified at
310
CMR 40.0993(6);
(b) The period of exposure to be considered
shall be equal to or greater than the time from Notification to the date that
the Substantial Hazard evaluation is conducted, plus five years; and
(c) A quantitative evaluation of human health
risk is not required if there is no current exposure to oil and/or hazardous
material at the disposal site.
(2) The focus of an Ecological Substantial
Hazard Evaluation shall be on any environmental resource areas, such as
wetlands, aquatic and terrestrial habitats, and fisheries that exist at a site.
A condition of No Substantial Hazard to the Environment would exist if steps
have been taken to eliminate or mitigate the following conditions, where
applicable, affecting an environmental resource at a site:
(a) Evidence of stressed biota attributable
to the release at the disposal site including, without limitation, fish and
wildlife kills or abiotic conditions;
(b) The visible presence of oil, tar or other
separate phase hazardous material in soil within three feet of the ground
surface over an area equal to or greater than two acres, or over an area equal
to or greater than 1000 square feet in sediment within one foot of the sediment
surface;
(c) Continuing discharge
of contaminated groundwater to surface water where the surface water
concentrations of the oil or hazardous material attributable to the release
already exceed Massachusetts Surface Water Quality Standards;
(d) Continuing discharge of contaminated
groundwater to surface water where surface water and/or sediment concentrations
of Oil and/or Hazardous Material attributable to the release already pose a
significant risk;
(e) Migration of
oil or hazardous material to additional environmental media or resource area
where resultant exposures would have the potential to pose a significant risk
of harm in the future; and
(f)
Ecological risk or harm such that recovery would be substantially more
difficult or would require more time if conditions were to remain unremediated
for even a short period of time.
(3) No assessment of Substantial Hazard is
required if a condition of No Significant Risk exists and the site meets the
requirements for a Permanent Solution.
