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 40.1041 - Categories of Permanent Solutions

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1041

Current through Register 1531, September 27, 2024

There are two categories of Permanent Solution: Permanent Solution with No Conditions and Permanent Solution with Conditions.

(1) Permanent Solution with No Conditions shall apply to:

(a) disposal sites or portions of a disposal site where the requirements of 310 CMR 40.1040(1) have been achieved;

(b) disposal sites or portions of a disposal site where oil and/or hazardous material concentrations do not exceed an applicable Method 3 Ceiling Limit in Soil or Groundwater listed at 310 CMR 40.0996(7), unless such levels are consistent with Natural Background;

(c) disposal sites or portions of a disposal site where a level of No Significant Risk exists and will be maintained for all current and foreseeable future use of the site without relying upon:
1. assumed limitations on current or future site activities, uses or conditions, that require an Activity and Use Limitation, as specified in 310 CMR 40.1012(2); or

2. assumed limitations on current or future site activities, uses or conditions, that do not require an Activity and Use Limitations pursuant to 310 CMR 40.1013; and

(d) sites where response actions have eliminated all threats of release and no release of oil and/or hazardous material to the environment has occurred.

(2) Permanent Solution with Conditions shall apply to disposal sites or portions of a disposal site where:

(a) the requirements of 310 CMR 40.1040(1) have been achieved;

(b) oil or hazardous material concentrations do not exceed an applicable Method 3 Ceiling Limit in soil or groundwater listed at 310 CMR 40.0996(7), unless such levels are consistent with Anthropogenic Background or oil and/or hazardous material in soil is located at a depth greater than 15 feet from the ground surface or beneath an Engineered Barrier and an evaluation conducted pursuant to 310 CMR 40.0860 indicates that it is not feasible to reduce the concentrations of oil and/or hazardous material in soil located at a depth greater than 15 feet from the ground surface or in the area beneath the Engineered Barrier to less than or equal to the applicable Method 3 Ceiling Limits in soil; and

(c) a level of No Significant Risk exists and will be maintained for all current and foreseeable future use of the site, relying on one or more of the following:
1. assumed limitations on future site activities or uses that require Activity and Use Limitations, as specified in 310 CMR 40.1012; or

2. assumed limitations on current or future site activities, uses or conditions that do not require an Activity and Use Limitations pursuant to 310 CMR 40.1013.

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