Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart I - RISK CHARACTERIZATION
Section 40.0960 - Characterization of Risk to Safety

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0960

Current through Register 1531, September 27, 2024

(1) The risk of harm to safety shall be characterized based on the data collected pursuant to the response action being performed and the site, receptor, and exposure information identified in 310 CMR 40.0904 through 310 CMR 40.0933.

(2) The risk of harm to safety shall be characterized by comparing current and reasonably foreseeable conditions at the disposal site and in the surrounding environment to applicable or suitably analogous safety standards.

(3) A level of no significant risk to safety exists or has been achieved if the conditions at the disposal site which are related to a release of oil and/or hazardous material do not currently and will not in the foreseeable future pose a threat of physical harm or bodily injury to people. Such release-related conditions may include, but are not limited to:

(a) the presence of rusted or corroded drums or containers, open pits, lagoons or other dangerous structures;

(b) any threat of fire or explosion, including the presence of explosive vapors resulting from a release of oil and/or hazardous material; and

(c) any uncontained materials which exhibit the characteristics of corrosivity, reactivity or flammability described at 310 CMR 40.0347.

(4) The documentation of the Risk Characterization shall clearly state whether or not a condition of no significant risk of harm to safety exists or has been achieved at the disposal site.

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