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 40.1057 - Content of Temporary Solution Statements

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

(b) the Method(s) (Methods 1, 2 or 3) used to characterize the risk of harm posed by the disposal site to health, public welfare and the environment, pursuant to 310 CMR 40.0900;

(c) the relationship of the Temporary 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;

(d) indication as to whether achievement of a Permanent Solution is feasible at the disposal site or portion of the disposal site and whether response actions toward a Permanent Solution are continuing;

(e) indication as to whether the Temporary 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 Temporary Solution includes the operation of one or more Active Exposure Pathway Mitigation Measures pursuant to 310 CMR 40.1026;

(g) 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 Temporary Solution specified in 310 CMR 40.1000 have been met;

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

(i) 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; and

(j) indication as to whether the analytical data used to support the Temporary Solution was generated pursuant to the Department's Compendium of Analytical Methods.

(a) as specified in 310 CMR 40.1003(4), a clear and accurate description of the location of the site or the location and boundaries of the disposal site or portion of disposal site to which the Temporary 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, and 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, to the extent feasible as specified in 310 CMR 40.1003(5)(a) and (c);

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

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

(f) a copy of the plan as specified in 310 CMR 40.0861(2)(h);

(g) information supporting the conclusion that no substantial hazards remain at the disposal site;

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

(i) 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 Temporary Solution is based, including where the Temporary Solution is based upon the effective operation of one or more Active Exposure Pathway Mitigation Measure, the operating regimen for the such Measure pursuant to 310 CMR 40.1026(3);

(j) a copy of the plan, as specified in 310 CMR 40.0861(2)(h), which presents definitive and enterprising steps to be taken toward achieving a Permanent Solution at the disposal site; and

(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 Temporary Solution, and a Data Representativeness Evaluation, documenting the adequacy of the spatial and temporal data sets to support the Temporary Solution.

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

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

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