Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS
Section 40.1405 - Additional Public Involvement Activities Required for Public Involvement Plan Sites

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1405

Current through Register 1531, September 27, 2024

(1) Public Involvement Activities undertaken at PIP Sites are those taken in addition to the Public Involvement Activities required for all disposal sites and are designed to involve the public in decisions regarding response actions.

(2) Public Involvement Activities conducted at PIP Sites shall focus on the community(ies) in which the disposal site is located and shall include other communities which are, or are likely to be, affected by the disposal site.

(3) Concerns, information, and comments from the public about the disposal site shall be solicited, considered, addressed and, where relevant and material to response actions, incorporated into decisions regarding response actions at the disposal site.

(4) Public Involvement Activities required at PIP Sites shall pertain to those response actions conducted after the submission of the PIP petition, except at disposal sites where response actions beyond Phase I are conducted prior to Tier Classification. At disposal sites where response actions beyond Phase I are conducted prior to Tier Classification, Public Involvement Activities shall pertain to all response actions conducted, provided that the PIP petition is received within 30 days of publication of the public notice required in 310 CMR 40.1403(6) or 310 CMR 40.0510(3).

(5) Upon designation of a disposal site as a PIP Site:

(a) within 80 days of receiving a PIP petition for an eligible disposal site a draft site-specific Public Involvement Plan shall be prepared, and a public meeting shall be held to present the draft Public Involvement Plan, solicit public comment on the draft Public Involvement Plan, and provide information about disposal site conditions. This public meeting shall be held at a time and location convenient to the affected public. Residents of the potentially affected community(ies) shall be informed of the public meeting by the following activities:
1. a public notice pursuant to 310 CMR 40.1403(2)(b) shall be published at least 14 days prior to the meeting; and

2. a copy of the public notice announcing the public meeting shall be mailed to each petitioner, and the Chief Municipal Officer(s) and Board(s) of Health in the community(ies) in which disposal site is located and in any other community(ies) that is, or is likely to be, affected by the disposal site;

(b) the draft Public Involvement Plan shall be made available for public review on the date of the public meeting to present it and a public comment period that runs for a minimum of 20 days from the date of the public meeting shall be provided;

(c) the Public Involvement Plan shall be finalized within 30 days of the close of the public comment period on the draft Public Involvement Plan;

(d) a summary of comments received on the draft Public Involvement Plan shall be developed that contains the comments received, identifies comments that have been incorporated and provides an explanation for comments that were not incorporated into the final Public Involvement Plan. The copy of the response to comments and the final Public Involvement Plan shall be made available in the information repository(ies) established for the disposal site pursuant to 310 CMR 40.1405(6)(j);

(e) if the Department is not conducting response actions at the disposal site, copies of all the documents related to the public involvement process shall be submitted to the Department upon their availability; and

(f) the Public Involvement Plan shall be implemented throughout the response action process.

(6) A Public Involvement Plan shall, without limitation:

(a) identify local concerns and sources of information through interviews and other appropriate measures and ensure that the implementation of the Public Involvement Plan reflects such concerns and information and the nature and level of relevant public interest;

(b) inform the public about the response action(s) and public involvement processes by methods including, but not limited to, providing notification of the public of a public meeting a minimum of 14 days in advance of the meeting;

(c) provide the name, address and phone number of a contact person for the person(s) conducting response actions;

(d) provide disposal site background information including, but not limited to, a site description and history, material environmental assessment history, and relevant public involvement history;

(e) provide opportunities to comment on response actions by holding a minimum 20-day comment period on all submittals for response actions occurring following PIP designation, with the following qualifications:
1. any public comment period may be extended, if requested by the public, for a minimum of an additional 20 days;

2. a modified Phase II Scope of Work, IRA Plan, RAM Plan, or sampling plan shall be subject to an additional comment period if such modifications substantially alter or expand the previous Phase II Scope(s) of Work, IRA Plan(s), RAM Plan(s), or previous sampling plan(s);

3. except as provided in 310 CMR 40.1405(6)(e)4., remedial actions that are the subject of the public comment period shall not proceed until the close of the public comment period;

4. time critical elements of an Immediate Response Action Plan may be conducted prior to the close of the public comment period if delaying the remedial actions would exacerbate release or site conditions or endanger health, safety, public welfare or the environment;

5. a comment period is not required for a remedial action inspection and monitoring report or status report; and

6. assessment may proceed during the public comment period;

(f) incorporate relevant and material public comments into the planning and implementation of response actions;

(g) provide a summary of all public comments received during any comment period within 60 days of the close of the comment period that contains the comments received, identifies comments that have been incorporated and provides an explanation for comments that were not incorporated into the applicable plan;

(h) ensure that Public Involvement Activities are undertaken throughout the response action process and that a schedule is developed for conducting these activities;

(i) establish a public information repository(ies) in the community(ies) in which the disposal site is located and in any other communities which are, or are likely to be, affected by the disposal site, with a location and hours that are convenient to the public; and

(j) maintain a mailing list that includes at a minimum:
1. all individuals who ask to receive information about the disposal site;

2. the Chief Municipal Officer(s);

3. the Board (s) of Health; and

4. the Department.

(7) Public Involvement Activities shall be terminated, modified, expanded or reduced as provided below:

(a) Unless otherwise provided in a Public Involvement Plan or specified by the Department, a designation of a disposal site as a PIP Site pursuant to 310 CMR 40.1404 shall terminate following the implementation of the PIP activities applicable to the Permanent Solution Statement for the disposal site pursuant to 310 CMR 40.1000;

(b) The person(s) conducting response actions, ten or more residents of a community(ies) in which a disposal site is located or in any other community(ies) which are, or are likely to be, affected by a disposal site may propose to terminate the designation of a disposal site as a PIP Site, or to modify, expand or reduce Public Involvement Activities in a Public Involvement Plan. If such a proposal is made to terminate, expand or reduce Public Involvement Activities or terminate designation of a disposal site as a PIP Site, the person(s) conducting response actions shall provide a written notice pursuant to 310 CMR 40.1403(2)(a) to the parties on the mailing list for the disposal site, the local Board(s) of Health and Chief Municipal Officer(s) in the community(ies) in which the disposal site is located and in any other communities that are, or are likely to be, affected by the disposal site and publish a public notice pursuant to 310 CMR 40.1403(2)(b). Such written and public notices shall:
1. identify the proposed changes to the Public Involvement Activities;

2. provide a 20-day comment period for the proposed modification, expansion, reduction or termination of the Public Involvement Activities or termination of the PIP Site Designation, whichever is applicable; and

3. identify the location of the public information repository where the proposed changes have been made available for review;

(c) The person(s) conducting response actions shall review any comments received and if applicable, revise the Public Involvement Plan developed pursuant to 310 CMR 40.1404 to incorporate as appropriate proposed revisions as well as any comments received on the proposed revisions;

(d) A letter that sets forth the revised Public Involvement Activities or termination of the PIP Site Designation shall be placed in the information repository and concurrently sent to any person(s) who responded to written notice made pursuant to 310 CMR 40.1405(7)(b).

(e) Upon termination of a PIP Site Designation, the person(s) conducting response actions at the disposal site shall no longer be required to conduct Public Involvement Activities pursuant to the Public Involvement Plan or 310 CMR 40.1405.

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