Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart M - ADMINISTRATIVE RECORD
Section 40.1306 - Location of the Administrative Record

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1306

Current through Register 1531, September 27, 2024

(1) Except as provided by 310 CMR 40.1306(2) and (3), the Department shall make the administrative record, and the index for the administrative record, reasonably available to RPs, PRPs and the public at the Department regional office that serves the area where the disposal site is located. The Department may keep additional copies of the administrative record and the index for the administrative record at other locations.

(2) The Department shall not be required to keep the following documents in the office of the Department to which the site is assigned, provided that the index to the administrative record indicates the locations where such documents are kept:

(a) sampling and testing data, quality control and quality assurance documentation and chain of custody forms;

(b) guidance and policy documents not generated specifically for the disposal site at issue;

(c) publicly available technical literature not generated for the disposal site at issue, such as engineering textbooks, articles from technical journals and toxicological profiles; and

(d) documents included in the Confidential File of the administrative record.

(3) If any document, or part thereof, listed in the index to the administrative record is not kept in the Department office described in 310 CMR 40.1306(1), the Department shall make such documents, or photocopies thereof, excluding documents from the Confidential File, reasonably available for public review at the location described in 310 CMR 40.1305(1), upon request.

(4) The Department may make any document included in the administrative record available in microform, microfilm or any other suitable form.

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