Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart J - PERMANENT AND TEMPORARY SOLUTIONS
Section 40.1003 - General Provisions for Permanent and Temporary Solutions

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1003

Current through Register 1531, September 27, 2024

(1) All necessary and required response actions under 310 CMR 40.0000 shall not have been conducted at a site or disposal site, unless and until a level of No Significant Risk exists or has been achieved and a Permanent Solution has been achieved in accordance with 310 CMR 40.1000.

(2) RPs, PRPs and Other Persons conducting response actions at any site for which notification of a release or threat of release of oil and/or hazardous material is required pursuant to 310 CMR 40.0300 shall achieve a Permanent or Temporary Solution and submit a Permanent or Temporary Solution Statement to the Department in accordance with the requirements of 310 CMR 40.1000 within the deadlines established in 310 CMR 40.0500, or any other deadline established under 310 CMR 40.0000 or any determination or order issued by the Department. In such cases where a Temporary Solution is achieved, a Permanent Solution must eventually be achieved when such Permanent Solution becomes feasible.

(3) A Permanent or Temporary Solution may be achieved, and a Permanent or Temporary Solution Statement may be submitted for an entire site, disposal site or a portion of a disposal site.

(4) The location of a site for which a Permanent or Temporary Solution applies shall be clearly and accurately identified in the Permanent or Temporary Solution Statement. The boundaries of a disposal site or portion of a disposal site for which a Permanent or Temporary Solution applies shall be clearly and accurately delineated and provided in documentation submitted with the Permanent or Temporary Solution Statement.

(5) Source Elimination or Control. A Permanent or Temporary Solution shall not be achieved unless and until response actions are taken to adequately identify and address Sources of OHM Contamination at the disposal site. Such response actions shall ensure:

(a) for a Permanent or Temporary Solution, all unpermitted releases of OHM to the environment are eliminated;

(b) for a Permanent Solution, all Sources of OHM Contamination are eliminated, or if they are not eliminated, they are eliminated to the extent feasible and they are controlled;

(c) for a Temporary Solution, all Sources of OHM Contamination are eliminated or controlled to the extent feasible.

(6) Migration Control. A Permanent or Temporary Solution shall not be achieved unless and until response actions are taken to adequately assess and control the subsurface migration of OHM remaining at a disposal site. Such response actions shall ensure:

(a) for a Permanent Solution, plumes of dissolved OHM in groundwater and vapor-phase OHM in the Vadose Zone are stable or contracting;

(b) for a Temporary Solution, plumes of dissolved OHM in groundwater and vapor-phase OHM in the Vadose Zone are stable or contracting or otherwise controlled or mitigated to the extent feasible.

(7) NAPL. A Permanent or Temporary Solution shall not be achieved at a disposal site where NAPL is or was visibly present at levels requiring notification under the provisions of 310 CMR 40.0300 unless and until response actions are taken to adequately assess the nature, extent, and mobility of the NAPL, and, where necessary, remedial actions are taken to adequately contain or remove such NAPL. Such response actions shall ensure:

(a) for a Permanent Solution:
1. Non-stable NAPL is not present under current site conditions and for the foreseeable future; and

2. all NAPL with Micro-scale Mobility is removed if and to the extent feasible based upon consideration of CSM principles;

(b) for a Temporary Solution, all Non-Stable NAPL and NAPL with Micro-scale Mobility is removed and/or controlled if and to the extent feasible.

(8) The evaluation of feasibility referenced in 310 CMR 40.1003(5) through (7) shall be conducted using the criteria described in 310 CMR 40.0860.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.