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 40.1020 - Background Levels of Oil and Hazardous Material

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1020

Current through Register 1531, September 27, 2024

(1) At any disposal site or portion of a disposal site where one or more remedial actions are undertaken to achieve a Permanent Solution, those remedial actions shall include, where feasible, one or more measures designed to reduce to the extent possible the concentrations of oil and hazardous material to levels that would exist in the absence of the disposal site of concern. Such measures shall, to the extent feasible, achieve or approach Background levels of oil and hazardous material in the environment as Background is defined in 310 CMR 40.0006.

(2) No further response actions are required at any disposal site where the concentrations of oil and hazardous material in the environment have been reduced to Background levels.

(3) The feasibility of reducing the concentrations of oil and hazardous material in the environment at a disposal site or portion of a disposal site to levels that achieve or approach Background levels shall be evaluated using the criteria described in 310 CMR 40.0860, except where it can be demonstrated that Background levels have been met.

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