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 40.1030 - Categories of Permanent and Temporary Solutions

Current through Register 1531, September 27, 2024

(1) Permanent or Temporary Solutions are categorized under 310 CMR 40.1030 through 40.1050 as Permanent Solutions with No Conditions, Permanent Solutions with Conditions and Temporary Solutions.

(2) The specific category of Permanent or Temporary Solution applicable to a site, disposal site or portion of a disposal site shall be established based upon the following factors:

(a) whether the site or disposal site poses No Significant Risk;

(b) whether all Substantial Hazards posed by the disposal site have been eliminated;

(c) whether the risk characterization depends upon assumed limitations on current or future conditions, activities or uses, including the implementation of Active or Passive Exposure Pathway Mitigation Measures;

(d) whether one or more Activity and Use Limitations are required under the provisions of 310 CMR 40.1012 to maintain a level of No Significant Risk;

(e) whether concentrations of oil and/or hazardous material at a site exceed Method 3 Ceiling Limits in Soil and Groundwater listed at 310 CMR 40.0996(7); and

(f) whether site conditions are consistent with Natural Background or Anthropogenic Background.

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