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 40.1454 - Eligible Activities

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1454

Current through Register 1531, September 27, 2024

(1) Eligible activities for grants may include, but are not limited to:

(a) interpretation, review or critique of technical analyses related to a disposal site as presented in reports developed by or on behalf of the Department, RPs, PRPs, Other Persons, or by other public or private entities. Such reports may include, but are not limited to:
1. the scope of work for Phase II; the Phase II Report; the Phase III - Remedial Action Plan; the Phase IV - Remedy Implementation Plan, As-built Construction Report, and the Final Inspection Report; the Phase V - Inspection and Monitoring Report; and

2. sampling and analysis plans;

(b) observation of assessment, sampling or response action activities conducted by the Department, RP, PRP or Other Person. Such observation shall be conducted in accordance with 310 CMR 40.1454(3);

(c) analysis of split samples taken by the Department, RP, PRP or Other Person, provided that the grantee's consultant performs testing and analysis which is identical to that performed by the Department, RP, PRP or Other Person;

(d) health surveys to gather existing information through interviews with, and questionnaires answered by, individuals who may be affected by the disposal site;

(e) legal advice concerning the public's involvement in response actions;

(f) public education activities; and

(g) a reasonable share of funding for voluntary mediation concerning response actions for the disposal site.

(2) The following activities shall be ineligible for grants:

(a) development of new environmental data;

(b) development of new medical data;

(c) organizational development or membership building, except such activities that are incidental to performance of eligible activities;

(d) litigation or any other adversarial legal proceeding;

(e) partisan political activity or any activity to further the election or defeat of any candidate for public office; and

(f) taking or arranging for any response actions at the disposal site.

(3) The following conditions shall be met before initiating eligible activities:

(a) grantees shall obtain approval from the person(s) responsible for the conduct of the response action at the disposal site and from the owner or operator of the disposal site prior to conducting activities at the disposal site under 310 CMR 40.1454(1)(b) and (c);

(b) grantees shall comply with the health and safety plan and all operational protocols established for the disposal site; and

(c) grantees shall not interfere with the efficient, expeditious, and safe conduct of response actions at the disposal site.

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