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 40.1406 - Notification to Owners of Property within the Boundaries of a Disposal Site

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1406

Current through Register 1531, September 27, 2024

(1) Any person(s) conducting response action(s) at a disposal site shall provide written notice on a form established by the Department for such purpose and in accordance with the requirements of 310 CMR 40.1403(2)(a) to the owner(s) of property(ies) within the boundaries of the disposal site as depicted and/or described pursuant to 310 CMR 40.0835(4)(b) and/or 310 CMR 40.1056(2)(a) that said property(ies) (or a portion of the property(ies)) is within the disposal site boundaries. The person(s) conducting response actions at the disposal site shall:

(a) provide the following information in or with the written notice:
1. a copy of the disposal site map or description of disposal site boundaries prepared pursuant to 310 CMR 40.0835(4)(b) and/or 310 CMR 40.1056(2)(a) showing or describing the boundaries of the disposal site;

2. a copy of the conclusions prepared pursuant to 310 CMR 40.0835(4)(i) or 310 CMR 40.1056;

3. a statement that Public Involvement Activities are available under 310 CMR 40.1400; and

4. the name, address and telephone number of a contact person representing the person(s) conducting response actions who may be contacted for additional information on the disposal site;

(b) provide such written notice concurrently with submitting the Phase II Report, pursuant to 310 CMR 40.0835, or the Permanent or Temporary Solution Statement for the disposal site, pursuant to 310 CMR 40.1000, to the Department, whichever is submitted sooner:
1. for written notice provided concurrently with submitting the Phase II Report to the Department, additional written notice of the Permanent or Temporary Solution for the disposal site shall be subsequently provided pursuant to 310 CMR 40.1406(3);

2. for written notice provided concurrently with submitting the Permanent or Temporary Solution Statement for the disposal site to the Department, such written notice shall also include a statement explaining how to obtain additional documentation of the Permanent or Temporary Solution.

(c) if the number of property owners to receive the written notices exceeds 50, provide a written notice pursuant to 310 CMR 40.1403(2)(a) to property owners only after the Board(s) of Health in the community(ies) in which the properties are located and the Department receive written notice.

(2) Any person(s) conducting response actions who provided written notice to a property owner(s) pursuant to 310 CMR 40.1406(1) who later determines as the result of an additional response action(s) that a property is not within the boundaries of the disposal site shall make written notice to said property owner(s) within 30 days of receiving the additional information upon which such a determination is based. Such written notice shall include:

(a) the basis of the determination;

(b) an updated copy of the disposal site map prepared pursuant to 310 CMR 40.0835(4)(b) or 310 CMR 40.1056(2)(a) showing the revised boundaries of the disposal site; and

(c) a statement explaining how to obtain additional documentation that supports the determination.

(3) Any person(s) conducting response action(s) who provided written notice to a property owner(s) upon submission of the Phase II Report pursuant to 310 CMR 40.1406(1) shall subsequently upon achievement of a Permanent or Temporary Solution for the disposal site provide a written notice pursuant to 310 CMR 40.1403(2)(a) of the Permanent or Temporary Solution to the owners of those properties for which notice was previously provided concurrently with submitting the Permanent or Temporary Solution to the Department. Such written notice shall include:

(a) a copy of the conclusions prepared pursuant to 310 CMR 40.1056;

(b) an updated copy of the disposal site map, if the identified disposal site boundaries have changed since the previous notice;

(c) the name, address and telephone number of a contact person representing the person(s) conducting response actions who may be contacted for additional information on the disposal site; and

(d) a statement explaining how to obtain additional documentation of the Permanent or Temporary Solution.

(4) If the number of property owners that would receive written notices pursuant to 310 CMR 40.1406 exceeds 50, alternative means of providing notice to property owners (e.g., use of a public notice published in the local newspaper) may, upon approval by the Department, be used to fulfill the requirements of 310 CMR 40.1406. In such case, written notice to the Board(s) of Health in the community(ies) in which the properties are located shall be provided pursuant to 310 CMR 40.1406(1)(c) prior to providing notice to the property owners, and such written notice shall also inform the Board(s) of Health of the alternative means by which notice will be provided to the property owners.

(5) A copy of all written notices required by 310 CMR 40.1406 shall be submitted to the Department with the corresponding Phase II Report or Permanent or Temporary Solution Statement.

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