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 40.1005 - Defining "Foreseeable Period of Time" for Purposes of a Permanent Solution

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1005

Current through Register 1531, September 27, 2024

(1) A Permanent Solution shall ensure a level of control of each identified substance of concern at a site or in the surrounding environment such that no such substance of concern shall present a significant risk of harm to health, safety, public welfare or the environment during any foreseeable period of time, considering existing site conditions and reasonably foreseeable future changes in site conditions, including anticipated impacts associated with climate change.

(2) "Any foreseeable period of time" shall mean the period of time during which the conditions for achieving and maintaining a level of No Significant Risk upon which a Permanent Solution is based will remain in effect.

(a) For Permanent Solutions with No Conditions, "any foreseeable period of time" shall be an unlimited period of time;

(b) For Permanent Solutions with Conditions, "any foreseeable period of time" shall be the shortest period of time, as applicable, that:
1. Activity and Use Limitations, where required to maintain a Permanent Solution, remain in effect;

2. Exposure Pathway Mitigation Measures, where required to maintain a Permanent Solution, remain in effect; or

3. other conditions on which the Permanent Solution with Conditions is based for which an Activity and U se Limitation is not required, as specified at 310 CMR 40.1013, remain in effect.

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