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 40.1050 - Temporary Solutions
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1050
Current through Register 1531, September 27, 2024
(1) Temporary Solutions shall apply to disposal sites or portions of a disposal site where:
(a) a condition of No Substantial Hazard
exists and has been documented pursuant to
310
CMR 40.0956;
(b) all Sources of OHM Contamination have
been identified, characterized, and to the extent feasible, eliminated or
controlled as specified in
310
CMR 40.1003(5)(a) and
(c);
(c) control of plumes of dissolved OHM in
groundwater and vapor-phase OHM in the Vadose Zone has been achieved to the
extent feasible as specified in
310
CMR 40.1003(6)(b);
(d) NAPL, if present, has been addressed as
specified in
310
CMR 40.1003(7)(b);
and
(e) it is concluded, after
completion of a Phase III evaluation pursuant to
310
CMR 40.0850, that:
1. response actions to achieve a Permanent
Solution are not currently feasible; or
2. response actions to achieve a Permanent
Solution are feasible and shall be continued toward a Permanent
Solution.
(2) Temporary Solutions may be achieved regardless of whether one or more remedial actions have been taken at a disposal site, but only after:
(a) a Phase II Comprehensive Site Assessment
and a Phase III Identification, Evaluation and Selection of Comprehensive
Remedial Alternatives, as specified in
310
CMR 40.0830 and
310
CMR 40.0850, respectively, have been
completed; or
(b) a Downgradient
Property Status Submittal has been provided to the Department in accordance
with 310 CMR 40.0180.
(3) A Temporary Solution may be reached:
(a) after completion of a Phase III
evaluation pursuant to
310
CMR 40.0850;
(b) after implementation of a Phase IV
Comprehensive Remedial Alternative pursuant to
310
CMR 40.0870; or
(c) after implementation of Phase V
operation, maintenance and/or monitoring pursuant to
310
CMR 40.0890.
(4) For all Temporary Solutions where achievement of a Permanent Solution is not currently feasible as described at 310 CMR 40.1050(1)(e) 1., except those achieved after a Downgradient Property Status Submittal has been provided to the Department in accordance with 310 CMR 40.0180:
(a) a copy of the plan as specified in
310
CMR 40.0861(2)(h) that
presents definitive and enterprising steps to be taken toward achieving a
Permanent Solution at the disposal site or portion of a disposal site shall be
submitted with the Temporary Solution Statement and as part of any Periodic
Review of the Temporary Solution as specified at 310 CMR 40.1050(4)(b);
and
(b) a Periodic Review of the
Temporary Solution shall be conducted every fifth year after the date of filing
the Temporary Solution Statement, until such time that a Permanent Solution
Statement is submitted. Such Periodic Review Opinion shall address the
following:
1. the effectiveness of the
Temporary Solution(s), including confirmation that a condition of No
Substantial Hazard has been maintained;
2. the scope and effectiveness of any
remedial actions taken since the submittal of the Temporary Solution Statement
or the most recent Periodic Review of a Temporary Solution, if
applicable;
3. the definitive
and/or enterprising steps pursuant to
310
CMR 40.0861(2)(h) taken
since the submittal of the Temporary Solution Statement or the most recent
Periodic Review of a Temporary Solution, if applicable, and planned for future
to identify, develop and implement a feasible Permanent Solution at the
site;
4. the feasibility of
implementing one or more Permanent Solutions for the disposal site or
portion(s) of the disposal site pursuant to
310
CMR 40.0860 at the time of the Periodic
Review, and if a Permanent Solution is feasible, the projected schedule for
achieving it;
5. any changes in
activities, uses and/or exposures that may cause an actual or potential
increase in exposure for human or environmental receptors to oil and/or
hazardous material;
6. if
applicable, an evaluation of any Activity and Use Limitation implemented as
part of the Temporary Solution, including compliance with the terms of the
Activity and Use Limitation, its effectiveness in maintaining a condition of No
Substantial Hazard, and identification of any response actions necessary to
maintain a condition of No Substantial Hazard;
7. any necessary and required response
actions to maintain the Temporary Solution, including a description of the type
and frequency of monitoring to be conducted and any contingencies for ensuring
the effectiveness of the Temporary Solution during the period prior to the next
Periodic Review; and
8. the
certification required in
310
CMR 40.0009; and
(c) a valid Tier Classification or Extension
thereof shall be in effect at the time the Temporary Solution Statement is
submitted to the Department and until the time a Permanent Solution Statement
is submitted to the Department; the submittal of the Periodic Review of the
Temporary Solution and Post-temporary Solution Status Report, as specified
pursuant to
310
CMR 40.0898(1)(e), shall
have the effect of maintaining a Tier Classification or Extension and further
Comprehensive Response Actions shall be conducted in accordance with
310
CMR 40.0800.
(5) For all Temporary Solutions where achievement of a Permanent Solution is feasible and response actions toward a Permanent Solution are continuing as described in 310 CMR 40.1050(1)(e)2., except those achieved after a Downgradient Property Status Submittal has been provided to the Department in accordance with 310 CMR 40.0180:
(a) a copy of the plan as specified in
310
CMR 40.0861(2)(h) that
presents definitive and enterprising steps to be taken toward achieving a
Permanent Solution at the disposal site or portion of a disposal site shall be
submitted with the Temporary Solution Statement; and
(b) a valid Tier Classification or Extension
thereof shall be in effect at the time the Temporary Solution Statement is
submitted to the Department and until the time a Permanent Solution Statement
is submitted to the Department; pursuant to
310
CMR 40.0898(1)(e)., the
submittal of Post-temporary Solution Status Reports shall have the effect of
maintaining a Tier Classification or Extension and further Comprehensive
Response Actions shall be conducted in accordance with
310
CMR 40.0800.
(6) Release Abatement Measures pursuant to 310 CMR 40.0440 may be conducted at disposal sites where a Temporary Solution has been achieved.
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.
