Current through Register 1531, September 27, 2024
(1) An Engineered B
arrier means a permanent cap with or without a liner that is designed,
constructed and maintained in accordance with scientific and engineering
standards to achieve a level of no significant risk for any foreseeable period
of time.
(2) An Engineered Barrier
shall:
(a) prevent direct contact with
contaminated media;
(b) control any
vapors or dust emanating from contaminated media;
(c) prevent erosion and any infiltration of
precipitation or run-off that could jeopardize the integrity of the barrier or
result in the potential mobilization and migration of contaminants;
(d) be comprised of materials that are
resistant to degradation;
(e) be
consistent with the technical standards of RCRA Subpart N,
40 CFR
264.300,
310
CMR 30.600: Technical Standards for
All Hazardous Waste Facilities or equivalent standards;
(f) include a defining layer that visually
identifies the beginning of the barrier; and
(g) be appropriately monitored and maintained
to ensure the long-term integrity and performance in accordance with a
monitoring and maintenance plan; such plan shall be submitted to the Department
and shall document that one or more financial assurance mechanism(s) as
specified at 310 CMR 40.0998(4) have been established which adequately provide
for ongoing future monitoring, maintenance and any necessary repair or
replacement of the barrier.
(3) An Engineered Barrier shall not include
an existing building, structure or cover material unless it is designed and
constructed to serve as an Engineered Barrier pursuant to the requirements of
310 CMR 40.0998.
(4) A financial
assurance mechanism required for the implementation of an Engineered Barrier
shall:
(a) for any state agency, state
authority or municipality, either be consistent with the specifications in
310
CMR 30.906: Financial Assurance for
Post-closure Care or consist of an agreement executed between such
agency or authority and the Department that documents such agency's,
authority's, or municipality's commitment to the ongoing future monitoring,
maintenance, and if necessary, the timely repair and replacement of the
Engineered Barrier; and
(b) for any
other person, be consistent with the specifications in
310
CMR 30.906: Financial Assurance for
Post-closure Care.
(5) Pursuant to
310
CMR 40.0414(7),
310
CMR 40.0442(4), and
310
CMR 40.0859(4), an
Engineered Barrier shall not be implemented as part of a Permanent Solution
unless and until a Phase III feasibility evaluation has been conducted pursuant
to 310 CMR 40.0850 and such
evaluation demonstrates the lack of a feasible alternative.
