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 40.1056 - Content of Permanent Solution Statements

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1056

Current through Register 1531, September 27, 2024

(1) A Permanent Solution Statement shall be submitted by a RP, PRP or Other Person, on a form established by the Department for such purposes, and shall include, at a minimum, the following:

(a) the site or disposal site name, address and DEP Release Tracking Number(s);

(b) whether it is a Permanent Solution with No Conditions or a Permanent Solution with Conditions;

(c) except where the concentrations of oil and/or hazardous material are consistent with or have been reduced to Background or where a threat of release has been abated, the Method(s) (Methods 1, 2 or 3) used to characterize the risk of harm posed by the disposal site to health, safety, public welfare and the environment, pursuant to 310 CMR 40.0900;

(d) the relationship of the Permanent Solution Statement to any other Permanent or Temporary Solution Statements that have been filed for the disposal site, if applicable, together with a statement as to whether any additional response actions are needed for any other portions of the disposal site;

(e) indication as to whether the Permanent Solution includes the implementation of an Activity and Use Limitation, and if so, the type of Activity and Use Limitation implemented at the disposal site;

(f) indication as to whether the Permanent Solution is based upon assumptions about the current or future site activities, uses or conditions that do not require an Activity and Use Limitation pursuant to 310 CMR 40.1013 and a description of those assumptions;

(g) indication as to whether the Permanent Solution is based upon the effective operation of one or more Active Exposure Pathway Mitigation Measures pursuant to 310 CMR 40.1025;

(h) except where specifically exempted by the Department based upon the Department's level of involvement in the oversight of response actions at the site or disposal site, an Opinion from a Licensed Site Professional as to whether the requirements of the applicable category of Permanent Solution specified in 310 CMR 40.1000 have been met;

(i) a certification of the Permanent Solution Statement and all documents submitted with the Permanent Solution Statement as required by 310 CMR 40.0009;

(j) indication as to whether oil and/or hazardous material exceed one or more applicable Method 3 Ceiling Limits in Soil or Groundwater, as described at 310 CMR 40.0996;

(k) indication as to whether the analytical data used to support the Permanent Solution was generated pursuant to the Department's Compendium of Analytical Methods; and

(l) confirmation that no stockpiled/ stored Remediation Waste requiring management or disposal remains at the site, disposal site or portion of a disposal site for which the Permanent Solution Statement applies.

(2) Except as provided in 310 CMR 40.1056(4), all documentation, plans and/or reports necessary to support the Permanent Solution shall be submitted to the Department with the Permanent Solution Statement including, without limitation, the following:

(a) as specified in 310 CMR 40.1003(4), a clear and accurate description of the location of the site, in the case of a threat of release, or the location and boundaries of the disposal site or portion of disposal site to which the Permanent Solution applies that includes the location of areas characterized as Background relative to the disposal site boundaries. Such description shall reference, to the extent practicable, the location of the site, or location and boundaries of the disposal site or portion thereof relative to permanent or semi-permanent landmarks, location coordinates, and/or surveyed boundaries;

(b) a succinct summary of the Conceptual Site Model;

(c) a demonstration that all Sources of OHM Contamination have been eliminated or controlled as specified in 310 CMR 40.1003(5)(a) and (b);

(d) a demonstration that response actions have been taken to adequately assess and, if necessary, control the subsurface migration of OHM remaining at the disposal site as specified in 310 CMR 40.1003(6)(a);

(e) where NAPL is or has been present, a demonstration that response actions have been taken to adequately assess and if necessary control NAPL mobility and meet the requirements of 310 CMR 40.1003(7)(a);

(f) information supporting the conclusion that a level of No Significant Risk has been achieved or exists;

(g) information documenting the extent to which levels of oil and/or hazardous material in the environment have been reduced to Background, and/or the results of the feasibility evaluation conducted pursuant to 310 CMR 40.0860 demonstrating that the achievement of Background is not feasible;

(h) a copy of any and all Activity and U se Limitations which have been implemented under 310 CMR 40.1070;

(i) for Permanent Solutions with Conditions where concentrations in Soil exceed Method 3 Ceiling Limits in Soil at a depth greater than 15 feet from the ground surface or in an area beneath an Engineered Barrier, the results of the evaluation conducted pursuant to 310 CMR 40.0860 demonstrating that the achievement of Method 3 Ceiling Limits in Soil located at a depth greater than 15 feet from the ground surface or in the area beneath an Engineered Barrier is not feasible;

(j) for a Permanent Solution with Conditions based upon assumptions about the current or future site activities, uses or conditions that do not require an Activity and Use Limitation pursuant to 310 CMR 40.1013, documentation related to such assumptions and conditions, including, as applicable:
1. the recommendation and description of Best Management Practices for Noncommercial Gardening in a residential setting to minimize and control potential risk pursuant to 310 CMR 40.0923(3)(c) and 310 CMR 40.0942(1)(e);

2. the location of OHM that are consistent with Anthropogenic Background levels;

3. the location of residual contamination within a public way or within a Rail Right-of-way; or

4. where the residual concentrations of OHM in the groundwater exceed the GW-2 standards published in 310 CMR 40.0974(2) at a disposal site or portion thereof where no occupied building or structure is present, information related to the presence of groundwater contamination and the obligation to ensure any future construction at the disposal site does not result in OHM impacts to indoor air in newly constructed buildings or structures;

(k) a Data U sability Assessment documenting that the data relied upon is scientifically valid and defensible, and of a sufficient level of precision, accuracy, and completeness to support the Permanent Solution, and a Data Representativeness Evaluation, documenting the adequacy of the spatial and temporal data sets to support the Permanent Solution; and

(l) a description of any operation, maintenance, and/or monitoring that will be required to confirm and/or maintain those conditions at the disposal site upon which the Permanent Solution is based, including where the Permanent Solution is based upon the effective operation of one or more Active Exposure Pathway Mitigation Measure, the operating regimen for such Measure pursuant to 310 CMR 40.1025(3).

(3) The Permanent Solution shall not be considered complete until all applicable fees are paid in accordance with 310 CMR 4.00: Timely Action Schedule and Fee Provisions.

(4) Documentation, plans and/or reports that support the Permanent Solution, and which have been previously submitted, need not be resubmitted with the Permanent Solution Statement provided that:

(a) a summary of the original documentation, plans and/or report sufficient to support the Permanent Solution is included in the Permanent Solution Statement;

(b) the RP, PRP or Other Person submitting the Permanent Solution Statement confirms the availability of the original documentation, plans and/or reports in the Department's public records; and

(c) The Permanent Solution Statement adequately cites the documentation, plans and/or reports, including Uniform Resource Locator (URL) when available.

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