MA_Contingency_Plan.pdf

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310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

12/14/07 310 CMR - 1465

310 CMR 40.0000: MASSACHUSETTS CONTINGENCY PLAN

Section

SUBPART A: GENERAL PROVISIONS

40.0001: Authority 40.0002: Purpose 40.0003: Applicability 40.0005: Effective Dates 40.0006: Terminology, Definitions, and Acronyms 40.0007: Rules of Construction 40.0008: Computation of Time Periods and Deadlines 40.0009: Certification of Submittals 40.0010: Effect of Orders and Appeals 40.0011: Confidentiality of Information 40.0013: Presumption of Irreparable Harm 40.0014: Document Retention 40.0015: Content of Waste Site Cleanup Activity Opinions (40.0016: Laboratory Certification: Reserved) 40.0017: Environmental Sample Collection and Analyses 40.0018: Health and Safety Procedures 40.0019: Violations of Environmental Restrictions 40.0020: Violations of Response Action Outcomes 40.0021: Unlawful Interference with Response Actions 40.0022: Accurate and Timely Submittal of Documents 40.0023: Accurate and Complete Record-Keeping 40.0024: Timely Action and Anticipatory Noncompliance 40.0025: Extensions of Deadlines and Time Periods for Force Majeure 40.0027: Remedial Monitoring Report 40.0028: Well Maintenance and Security 40.0030: Management Procedures for Remediation Waste 40.0031: General Provisions for the Management of Remediation Waste 40.0032: Contaminated Media and Contaminated Debris 40.0033: Uncontainerized Waste 40.0034: Bill of Lading Process 40.0035: Bill of Lading Form 40.0036: Management Requirements for Storing Remediation Waste 40.0040: Management Procedures for Remedial Wastewater and Remedial Additives 40.0041: General Provisions for the management of Remedial Wastewater and/or Remedial Additives 40.0042: Remedial Wastewater Discharges to Surface Water 40.0043: Remedial Wastewater Discharges to Publicly Owned Treatment Works (POTW) 40.0044: Remedial Wastewater Discharges to Non-Publicly Owned Treatment Works 40.0045: Remedial Wastewater Discharges to the Ground Surface or Subsurface and/or Groundwater 40.0046: Application of Remedial Additives 40.0047: Reporting Requirements for Discharges of Remedial Wastewater and Remedial Additives 40.0049: Remedial Air Emissions 40.0050: Appeals of Orders and Permits 40.0051: Appeals Relative to Administrative Penalties 40.0060: Special Project Designation Permits 40.0061: Purpose and Eligibility 40.0062: Procedures for Applying Special Project Designation 40.0063: Approval of Applications for Special Project Designation Permits, and Special Project

Designation Permit Modifications, Transfers or Extensions 40.0064: Special Project Designation Conditions 40.0065: Modification of Special Project Designation Permit 40.0066: Transfer of Special Project Designation Permit 40.0067: Extension of Special Project Designation Permit 40.0068: Termination of Special Project Designation Permit 40.0069: Suspension and Revocation of Special Project Designation Permit

SUBPART B: ORGANIZATION AND RESPONSIBILITIES

40.0100: Overview of Roles and Responsibilities in Response Actions 40.0101: Role of the Department in Response Actions (40.0102 through 40.0104: Roles of Other State Agencies and Organizations: Reserved)

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Section: continued

(40.0105 through 40.0109: Role of Local Government: Reserved) 40.0110: Adequately Regulated Sites 40.0111: Federal Superfund Program 40.0112: Federal Corrective Action Pursuant to HSWA 40.0113: RCRA Authorized State Hazardous Waste Program (M.G.L. c. 21C and 310 CMR 30.000) 40.0114: Solid Waste Management Facilities 40.0120: Coordination with Responses by the United States Coast Guard to Discharges of Oil 40.0150: Role of Other Persons 40.0160: Departmental Notice to Responsible Parties and Potentially Responsible Parties 40.0165: Departmental Requests for Information (RFI) 40.0166: Department Right of Entry 40.0167: Interim Deadlines 40.0168: List of Locations and Disposal Sites 40.0169: The Role of Licensed Site Professionals 40.0170: The Role of RPs, PRPs and Other Persons in Response Actions 40.0171: Failure to Perform a Response Action 40.0172: Technical, Financial, and Legal Inabilities 40.0173: Site Access Authorization 40.0180: Downgradient Property Status 40.0181: Purpose 40.0182: Applicability 40.0183: General Requirements and Procedures for Asserting Downgradient Property Status 40.0184: Effect of Providing Downgradient Property Status Submittal or Modification of a Downgradient

Property Status Submittal 40.0185: Maintenance of Downgradient Property Status 40.0186: Termination of Downgradient Property Status 40.0187: Modification of Downgradient Property Status Submittal 40.0190: General Requirements for Conducting Response Actions 40.0191: Response Action Performance Standard (RAPS) 40.0193: Technical Justification

SUBPART C: NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL

AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND

HAZARDOUS MATERIALS

40.0300: Notification of Releases and Threats of Release of Oil and Hazardous Materials; Identification and Listing of Oil and Hazardous Materials

40.0301: Purpose and Scope 40.0302: Applicability 40.0303: Role of Licensed Site Professional 40.0310: Releases and Threats of Release Which Require Notification 40.0311: Releases Which Require Notification Within Two Hours 40.0312: Threats of Releases Which Require Notification Within Two Hours 40.0313: Releases Which Require Notification Within 72 Hours 40.0314: Threats of Release Which Require Notification Within 72 Hours 40.0315: Releases that Require Notification Within 120 Days 40.0317: Releases and Threats of Release Which Do Not Require Notification 40.0318: Limited Removal Actions 40.0320: Releases and Threats of Release that Pose Imminent Hazards 40.0321: Reporting of Releases and Threats of Release that Pose or Could Pose an Imminent Hazard 40.0322: Response Actions to Prevent or Abate Imminent Hazards 40.0330: Notification Requirements and Procedures 40.0331: Who Shall Notify 40.0332: Timing of Notifications 40.0333: How to Notify 40.0334: Content of the Notification 40.0335: Retracting a Notification 40.0336: Notification Requirements for Persons that Receive a Notice of Responsibility 40.0340: Identification of Oil and Hazardous Material 40.0341: Purpose and Scope 40.0342: Methods of Identification of Oil and Hazardous Material 40.0343: Criteria for Listing Oil and Hazardous Material

3/24/06 (Effective 4/3/06) 310 CMR - 1466.1

Section: continued

40.0344: Adding and Deleting Substances to or from the Massachusetts Oil and Hazardous Materials List 40.0345: The Massachusetts Oil and Hazardous Materials ListSection: continued 40.0346: Criteria for Determining the Characteristics of Hazardous Material 40.0347: Characteristics of Hazardous Material 40.0350: Reportable Quantities for Oil and Hazardous Material 40.0351: Reportable Quantities for Oil 40.0352: Reportable Quantities for Hazardous Material 40.0360: Reportable Concentrations for Oil and Hazardous Material 40.0361: Reportable Concentrations of Oil and Hazardous Material in Soil 40.0362: Reportable Concentrations of Oil and Hazardous Material in Groundwater

3/24/06 (Effective 4/3/06) 310 CMR - 1466.2

NON-TEXT PAGE

12/14/07 310 CMR - 1467

Section: continued

40.0370: Requirements for Releases of Oil and/or Hazardous Material That Do Not Require Notification 40.0371: Release Notification Form

SUBPART D: PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION

MEASURES

40.0400: Preliminary Response Actions and Risk Reduction Measures 40.0401: Purpose and Scope 40.0402: Applicability 40.0403: Responses to Releases and Threats of Release 40.0404: Timing of Response Actions 40.0405: Overview of Preliminary Response Actions 40.0406: Possible Outcomes of Preliminary Response Actions 40.0410: Immediate Response Actions 40.0411: General Provisions for Immediate Response Actions 40.0412: Sites Where an Immediate Response Action is Required 40.0414: Scope and Types of Immediate Response Actions 40.0420: Requirements, Approvals, and Time Lines For Conducting Immediate Response Actions 40.0421: Immediate Response Actions That Do Not Require Prior Approval From the Department 40.0424: Immediate Response Action Plans 40.0425: Immediate Response Action Status and Remedial Monitoring Reports 40.0426: Imminent Hazard Evaluations 40.0427: Immediate Response Action Completion Reports 40.0428: Public Involvement 40.0429: Possible Outcomes of an Immediate Response Action 40.0440: Release Abatement Measures 40.0441: General Provisions for Release Abatement Measures 40.0442: Scope and Types of Release Abatement Measures 40.0443: Approvals Required to Conduct Release Abatement Measures 40.0444: Release Abatement Measure Plans 40.0445: Release Abatement Measure Status and Remedial Monitoring Reports 40.0446: Release Abatement Measure Completion Report 40.0447: Public Involvement 40.0448: Possible Outcomes of a Release Abatement Measure 40.0460: Utility-related Abatement Measures 40.0461: General Provisions for Utility-related Abatement Measures 40.0462: Conducting Utility-related Abatement Measures 40.0463: Approvals Required to Conduct Utility-related Abatement Measures 40.0464: Performance Standards for Utility-related Abatement Measures 40.0465: Utility-related Abatement Measures Status and Remedial Monitoring Reports 40.0466: Utility-related Abatement Measure Completion Reports 40.0467: Possible Outcomes of Utility-related Abatement Measures 40.0480: Phase I - Initial Site Investigation Report 40.0481: General Provisions for Phase I Initial Site Investigation Report 40.0482: Performance Standards 40.0483: Content of Phase I Report 40.0484: Phase I Report Completion Statement 40.0485: Public Involvement 40.0486: Possible Outcomes of a Phase I Report

SUBPART E: TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES

40.0500: Tier Classification and Response Action Deadlines 40.0501: Scope and Applicability 40.0502: Tier ID Disposal Sites 40.0510: Tier Classification Process

12/14/07 310 CMR - 1468

Section: continued

40.0520: Basis for Tier Classification 40.0530: Reclassification by RPs, PRPs or Other Persons during Response Actions 40.0540: Demonstration of Ability and Willingness 40.0550: Response Action Deadlines and Requirements for Tier I Disposal Sites 40.0560: Response Action Deadlines and Requirements for Tier II Disposal Sites 40.0570: Requirements for Eligible Persons, Eligible Tenants or Other Persons Seeking to Re-establish

Response Action Deadlines 40.0583: Department Reclassification of a Tier Classified Disposal Site 40.0584: Participation by the Public, RPs, PRPs, and Other Persons in Department Reclassification 40.0585: Right to Request an Adjudicatory Hearing 40.0590: Public Involvement

SUBPART F: TRANSITION PROVISIONS

40.0600: Transition Provisions 40.0601: Scope and General Provisions 40.0602: Incorporation of 310 CMR 40.000 by Reference in the Transition Provisions 40.0610: Locations To Be Investigated 40.0620: Unclassified Disposal Sites 40.0630: Nonpriority Disposal Sites With Waivers 40.0636: Nonpriority Disposal Sites Without Waivers 40.0637: Exemption from Transition Requirements 40.0640: Priority Disposal Sites 40.0641: Short Term Measures and Interim Measures 40.0642: Requirements for Notifications Received between August 2, 1993 and September 30, 1993, Which are Not Listed on the Transition List or Addenda 40.0650: Remedial Sites 40.0660: Deleted Sites 40.0670: Effect on a Consent Order, Decree, or Departmental Memorandum of Understanding

SUBPART G: TIER I PERMITS

40.0700: Tier I Permits 40.0702: Applicability 40.0703: Requirements for All Tier I Permit Applications 40.0704: Additional Application Submittal Requirements for Initial Tier I Permit Applications 40.0705: Additional Application Submittal Requirements for Tier I Permit Transfers 40.0706: Additional Application Submittal Requirements for Tier I Permit Extensions 40.0707: Additional Application Submittal Requirements for Tier I Permit Major Modifications 40.0710: Incomplete Tier I Permit Applications 40.0720: Approval Process for Tier I Permit Applications, Major Modifications, Transfers or Extensions and Special Project Designation Permits 40.0725: Minor Permit Modifications 40.0730: Department Review of Tier I Permit Applications, Major Modifications, Transfers or Extensions 40.0731: Criteria for Denials of Tier I Permits, Major Modifications, Transfers or Extensions 40.0740: Conditions Applicable to all Tier I Permits 40.0750: Tier I Permit Effective Date 40.0751: Duration of Tier I Permits 40.0760: Tier I Permit Suspension and Revocation 40.0770: Right to Request An Adjudicatory Hearing

SUBPART H: COMPREHENSIVE RESPONSE ACTIONS

40.0800: Comprehensive Response Actions 40.0801: Applicability 40.0810: General Provisions for Comprehensive Response Action 40.0830: Phase II - Comprehensive Site Assessment 40.0832: General Provisions

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Section: continued

40.0833: Performance Standards 40.0834: Phase II Scope of Work 40.0835: Phase II Report 40.0836: Phase II Completion Statement 40.0839: Public Involvement 40.0840: Possible Outcomes 40.0850: Phase III - Identification, Evaluation and Selection of Comprehensive Remedial Action

Alternatives 40.0852: General Provisions 40.0853: Performance Standards 40.0855: Identification and Evaluation of Remedial Action Alternatives 40.0856: Initial Screening of Likely Remedial Action Alternatives 40.0857: Detailed Evaluation of Remedial Action Alternatives 40.0858: Detailed Evaluation Criteria 40.0859: Selection of Remedial Action Alternative 40.0860: Feasibility Evaluations 40.0861: Remedial Action Plan 40.0862: Phase III Completion Statement 40.0863: Public Involvement 40.0864: Possible Outcome 40:0870: Phase IV - Implementation of the Selected Remedial Action Alternative 40.0871: General Provisions 40.0872: Performance Standards 40.0874: Remedy Implementation Plan (RIP) 40.0875: As-Built Construction Report 40.0877: Phase IV Status Report and Remedial Monitoring Report 40.0878: Final Inspection Report 40.0879: Phase IV Completion Statement 40.0880: Public Involvement 40.0881: Possible Outcomes 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions 40.0891: General Provisions 40.0892: Phase V Status and Remedial Monitoring Reports 40.0893: Remedy Operation Status 40.0894: Phase V Completion Statement 40.0895: Public Involvement 40.0896: Possible Outcomes 40.0897: Post-Class C RAO Operation, Maintenance and/or Monitoring 40.0897: Post-Class C RAO Status and Remedial Monitoring Reports

SUBPART I: RISK CHARACTERIZATION

40.0900: Procedures and Standards for the Characterization of the Risk of Harm to Health, Safety, Public Welfare, and the Environment

40.0901: Applicability and General Requirements 40.0902: Purpose of the Risk Characterization 40.0903: Scope of the Risk Characterization and Supporting Documentation 40.0904: Site Information Required for Risk Characterization 40.0920: Receptor Information Required For Risk Characterization 40.0921: Identification of Human Receptors 40.0922: Identification of Environmental Receptors 40.0923: Identification of Site Activities and Uses 40.0924: Identification of Exposure Points 40.0925: Identification of Exposure Pathways 40.0926: Identification of Exposure Point Concentrations and Other Data Criteria 40.0930: Identification of Site Groundwater And Soil Categories 40.0931: Purpose 40.0932: Identification of Applicable Groundwater Categories 40.0933: Identification of Applicable Soil Categories 40.0940: Methods for Characterizing Risk of Harm 40.0941: Approaches to Characterizing Risk of Harm

12/14/07 310 CMR - 1470

Section: continued

40.0942: Selection of Method to Characterize the Risk of Harm to Health, Public Welfare, and the Environment

40.0950: Imminent Hazard Evaluations and Substantial Hazard Evaluations 40.0951: Purpose and Scope of Imminent Hazard Evaluations 40.0953: Exposures to be Considered in Imminent Hazard Evaluations 40.0955: Imminent Hazard Risk Characterization and Outcome 40.0956: Substantial Hazard Evaluations 40.0960: Characterization of Risk to Safety 40.0970: Method 1 Risk Characterization 40.0971: Applicability of Method 1 40.0972: General Approach to Method 1 40.0973: Method 1 Risk Characterization 40.0974: Identification of Applicable Groundwater Standards in Method 1 40.0975: Identification of Applicable Soil Standards in Method 1 40.0980: Method 2 Risk Characterization 40.0981: Applicability of Method 2 40.0982: General Approach to Method 2 40.0983: Derivation of Additional Method 1 Groundwater Standards for Use in Method 2 40.0984: Derivation of Additional Method 1 Soil Standards for Use in Method 2 40.0985: Determination of Method 2 Soil Standards Considering Leaching Potential 40.0986: Determination of Method 2 GW-2 Standards 40.0987: Determination of MCP Method 2 GW-3 Standards 40.0988: Method 2 Risk Characterization 40.0990: Risk Characterization Method 3 40.0991: Applicability of Method 3 40.0992: General Approach to Method 3 40.0993: Method 3 Human Health Risk Characterization 40.0994: Method 3 Public Welfare Risk Characterization 40.0995: Method 3 Environmental Risk Characterization 40.0996: Method 3 Upper Concentration Limits

SUBPART J: RESPONSE ACTION OUTCOMES

40.1000: Response Action Outcomes 40.1001: Purpose 40.1002: Applicability 40.1003: General Provisions for Response Action Outcomes 40.1004: Performance Standards for Response Action Outcomes 40.1005: Defining the "Foreseeable Period of Time" for Purposes of a Response Action Outcome 40.1012: Application of Activity and Use Limitations 40.1020: Background Levels of Oil and Hazardous Material 40.1030: Categories of Response Action Outcomes 40.1035: Class A Response Action Outcomes: Permanent Solutions 40.1036: Categories of Class A Response Action Outcomes 40.1045: Class B Response Action Outcomes: No Remedial Action Required 40.1046: Categories of Class B Response Action Outcomes 40.1050: Class C Response Action Outcomes: Temporary Solutions 40.1051: Categories of Class C Response Action Outcomes 40.1056: Content of Response Action Outcome Statements 40.1066: Effect of Response Action Outcomes on Fees 40.1067: Remedial Actions After a Response Action Outcome has been Submitted to the Department 40.1070: Implementation of Activity and Use Limitations 40.1071: Grants of Environmental Restrictions for Disposal Sites Where a RP, PRP or Other

Person Conducts Response Actions 40.1072: Process for Applying for a Grant of Environmental Restriction 40.1073: Environmental Restrictions for Disposal Sites Where the Department Conducts Response

Actions 40.1074: Notice of Activity and Use Limitation 40.1075: Form of Notice of Activity and Use Limitation

12/14/07 310 CMR - 1471

Section: continued

40.1080: Changes in Site Activities and/or Uses or Other Site Conditions After a Response Action Outcome with an Activity and Use Limitation Has Been Filed

40.1081: Amendment of Activity and Use Limitations 40.1082: Process for Amending Grant of Environmental Restriction 40.1083: Release and Partial Release of Activity and Use Limitations 40.1084: Process for Implementing a Release of Grant of Environmental Restriction or Partial Release of Grant of Environmental Restriction 40.1085: Correction of Notices of Activity and Use Limitations 40.1090: Public Involvement Requirements 40.1099: Forms for Activity and Use Limitations

SUBPART K: AUDITS AND COMPLIANCE ASSISTANCE

40.1101: Purpose, Scope and Applicability 40.1110: Selection of Persons, Response Action and Sites for Audit 40.1120: Audit Activities 40.1130: Initiation of Audit 40.1131: Response Actions During Audits 40.1140: Notice of Audit Findings 40.1160: Audit Follow-up Plans 40.1170: Post Audit Completion Statements 40.1190: Reservation of Rights

SUBPART L: COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF

INCURRED COSTS

40.1200: Cost Recovery 40.1201: Purpose, Scope, and Applicability 40.1202: General Provisions 40.1220: Recovery of Response Action Costs Incurred in Response Actions 40.1221: Calculation of Indirect Rate 40.1250: Procedures for Liens 40.1251: Notice of Intent to Perfect a Lien 40.1252: Content of Notice of Intent to Perfect a Lien 40.1253: Service of Notice of Intent to Perfect a Lien 40.1254: Right to Adjudicatory Hearing 40.1255: Waiver of Right to Adjudicatory Hearing 40.1256: Conducting the Adjudicatory Hearing 40.1257: Reservation of Rights 40.1260: Petitions for Reimbursement of Incurred Costs 40.1261: Right to Petition for Reimbursement 40.1262: Content of Petition 40.1263: Timing of Petition 40.1264: Grounds for Reimbursement 40.1265: Petitions not Subject to M.G.L. c. 30A

SUBPART M: ADMINISTRATIVE RECORD

40.1301: Purpose, Scope, and Applicability 40.1302: When the Department May Establish an Administrative Record 40.1303: Participation by the Public, RPs, and PRPs 40.1304: Administrative Record Requirements After Certification 40.1305: Content of the Administrative Record 40.1306: Location of the Administrative Record

SUBPART N: PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS

40.1400: Public Involvement - General Approach for Response Actions 40.1401: General Principles for Public Involvement in Response Actions 40.1402: Responsibility for Performing Public Involvement Activities in Response Actions

12/14/07 310 CMR - 1472

Section: continued

40.1403: Minimum Public Involvement Activities in Response Actions 40.1404: Public Involvement Plan Site Designation 40.1405: Additional Public Involvement Activities Required for Public Involvement Plan Sites 40.1406: Notification to Owners of Property within the Boundaries of a Disposal Site (40.1407: Community Site Inspection: Reserved) 40.1450: Technical Assistance Grants 40.1451: Purpose and Scope of Technical Assistance Grants 40.1452: Grant Availability 40.1453: Eligible Applicants 40.1454: Eligible Activities 40.1455: Notice Provisions 40.1456: Grant Application Process 40.1457: Grant Selection Process 40.1458: Payment Method 40.1459: Fiscal Management of Grants 40.1460: Records to be Maintained by Grantees 40.1461: Inspection of Projects 40.1462: Honest Practices

SUBPART O: THE NUMERICAL RANKING SYSTEM AND SCORING INSTRUCTIONS

40.1500: The Numerical Ranking System and Scoring Instructions 40.1501: Purpose and Scope 40.1502: Applicability 40.1503: General Instructions 40.1504: NRS Section I: Disposal Site Information 40.1505: NRS Section II: Exposure Pathways 40.1506: NRS Section III: Disposal Site Characteristics 40.1507: NRS Section IV: Human Population and Land Uses 40.1508: NRS Section V: Ecological Population 40.1509: NRS Section VI: Mitigating Disposal Site-Specific Conditions 40.1510: Completion of the NRS Scoresheet 40.1511: Numerical Ranking System Scoresheet 40.1512: Exposure Pathway Designation Criteria 40.1513: Human Health-Based Toxicity Values and Scores 40.1514: Mobility and Persistence Scores 40.1516: Environmental Toxicity Values and Scores

SUBPART P: MASSACHUSETTS OIL AND HAZARDOUS MATERIAL LIST

40.1600: Massachusetts Oil and Hazardous Material List

SUBPART A: GENERAL PROVISIONS

40.0001: Authority

The regulations published at 310 CMR 40.0001 through 40.9999, cited collectively as 310 CMR 40.0000, are promulgated by the Commissioner of the Department of Environmental Protection under M.G.L. c. 21E, '' 3(c), 3(d), 3(e), 3A(d), 3A(f), 3A(g), 3A(m), 3B, 5A, 6, 7 and 14, and M.G.L. c. 21A, ' 2(28), M.G.L. c. 21C and M.G.L. c. 111, ' 160. 310 CMR 40.0000 collectively comprises the Massachusetts Contingency Plan (the "MCP").

40.0002: Purpose

(1) The purposes of the Massachusetts Contingency Plan are, without limitation, to:

(a) provide for the protection of health, safety, public welfare and the environment by establishing requirements and procedures for the following:

1. the prevention and control of activities which may cause, contribute to, or exacerbate a release or threat of release of oil and/or hazardous material;

12/14/07 310 CMR - 1473

40.0002: continued

2. notification of the Department in the event of certain releases or threats of release of oil and/or hazardous material;

3. assessment of the nature and extent of contamination and any threat to health, safety, public welfare or the environment caused by a release or threat of release of oil and/or hazardous material;

4. the evaluation of alternatives for remedial actions to abate, prevent, remedy or otherwise respond to a release or threat of release of oil and/or hazardous material;

5. the implementation of appropriate remedial actions to abate, prevent, remedy or otherwise respond to a release or threat of release of oil and/or hazardous material;

6. public involvement in decisions regarding response actions at disposal sites; and

7. the recovery of Costs incurred by the Commonwealth in responding to releases or threats of release of oil and/or hazardous material.

(b) encourage persons responsible for releases and threats of release of oil and/or hazardous material to undertake necessary and appropriate response actions in a timely way;

(c) focus government resources on those sites at which the person(s) responsible can not or will not undertake necessary response actions;

(d) focus government resources on those sites at which Department oversight is necessary to ensure that response actions are protective of health, safety, public welfare and the environment;

(e) establish a program for the Department to issue Tier I Permits to persons seeking to carry out response actions at Tier I disposal sites; and

(f) establish a program for the Department to audit a sufficient number of response actions not overseen or conducted by the Department to ensure that those response actions are performed in compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other applicable laws.

(2) The MCP identifies those oils and hazardous materials which are subject to the requirements and procedures set forth herein.

(3) The MCP prescribes the respective roles and responsibilities of the Department, other governmental agencies, Responsible Parties, Potentially Responsible Parties, Licensed Site Professionals, Other Persons, and the public in response actions.

(4) The MCP is intended to comport with and complement the National Contingency Plan promulgated by the United States Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

(5) Except with respect to 310 CMR 40.1200, the MCP does not address the Commonwealth's recovery of damages associated with injury to, destruction of, or loss of use of natural resources or the costs of assessing those damages.

40.0003: Applicability

(1) The MCP applies to any person required by M.G.L. c. 21E to notify the Department of a release or threat of release of oil and/or hazardous material and/or to perform one or more response actions at any site in Massachusetts without regard to the level of Department oversight, if any, of response actions at the site.

(2) The MCP also applies to any other person who takes one or more response actions with respect to a site from or at which a release of oil and/or hazardous material has occurred or where a threat of release of oil and/or hazardous material exists.

40.0005: Effective Dates

(1) 310 CMR 40.0000, as published on January 13, 1995, shall take effect on February 1, 1995, except for 310 CMR 40.0180 which shall take effect on February 24, 1995. 310 CMR 40.0000, as effective prior to February 1, 1995, became effective on October 1, 1993, except for 310 CMR 40.0168 and 310 CMR 40.0600, which became effective on August 2, 1993.

12/14/07 310 CMR - 1474

40.0005: continued

(2) Except as provided by 310 CMR 40.0600, response actions which were approved by the Department:

(a) prior to July 20, 1992, and on or after October 3, 1988, shall be completed in a manner consistent with such approval and in accordance with 310 CMR 40.000, as effective prior to October 1, 1993, and M.G.L. c. 21E, as amended prior to July 20, 1992, and

(b) prior to October 1, 1993, and on or after July 20, 1992, shall be completed in a manner consistent with such approval and in accordance with 310 CMR 40.000, as effective prior to October 1, 1993, and M.G.L. c. 21E, as amended on July 20, 1992. 310 CMR 40.000 became effective on October 3, 1988, with the exception of 310 CMR 40.300 through 310 CMR 40.379 which became effective on August 31, 1988.

Copies of 310 CMR 40.000, as effective prior to October 1, 1993 (i.e. the 1988

Massachusetts Contingency Plan), may be obtained upon request from the Department for a nominal fee.

(3) Except as provided by 310 CMR 40.0600, response actions which were approved by the Department prior to October 3, 1988, shall be completed in a manner consistent with such approval and M.G.L. c. 21E, as amended prior to July 20, 1992.

(4) 310 CMR 40.0000 as published May 30, 1997, shall take effect May 30, 1997.

(5) 310 CMR 40.0000 as published March 24, 2006 shall take effect April 3, 2006, except as provided in 310 CMR 40.0027 regarding the electronic submittal of Remedial Monitoring Reports.

(6) 310 CMR 40.0000 as published 12/14/07 shall take effect 2/14/08, except for 310 CMR

40.0570 which shall take effect on 12/14/07.

40.0006: Terminology, Definitions and Acronyms

(1) The definitions of the terms "site," "disposal site," "vessel," "release" and "threat of release" contained in M.G.L. 21E and this Contingency Plan display subtle differences. These terms are used in this Contingency Plan as follows:

(a) the terms "site" and "vessel" are used to refer to a place or area from or at which a release of oil and/or hazardous material has occurred or where a threat of release exists;

(b) the term "disposal site" is used to refer to a place or area where an uncontrolled release of oil and/or hazardous material from or at a site or vessel has come to be located.

(2) The definitions of the terms "response action," "remedial action," "Comprehensive Response Action," "Comprehensive Remedial Action," and "Preliminary Response Action" contained in this Contingency Plan have specific meanings. These terms are used in this Contingency Plan as follows:

(a) the term "response action" is a broad term used to refer to assessments, containments and/or removals;

(b) the term "remedial action" is a subset of "response actions" and is used to refer to containments and/or removals only, and excludes assessments;

(c) the term "Comprehensive Response Action" is a subset of "response actions" and is used to refer to response actions performed in accordance with 310 CMR 40.0800;

(d) the term "Comprehensive Remedial Action" is a subset of "Comprehensive Response Actions" and is used to refer to only remedial actions performed in accordance with 310 CMR 40.0800, and excludes assessments; and

(e) the term "Preliminary Response Action" is a subset of "response actions" and is used to refer to Initial Site Investigation Activities performed in accordance with 310 CMR 40.0405(1), and to Immediate Response Actions performed in accordance with 310 CMR 40.0410, and Release Abatement Measures performed in accordance with 310 CMR 40.0440 when such actions are performed prior to the initiation of Comprehensive Response Actions.

The terms "Comprehensive Response Action," "Comprehensive Remedial Action," and

"Preliminary Response Action" are more specific terms than the terms "response action" and "remedial action," respectively, and shall not be construed to limit any application of the latter terms.

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(3) For purposes of 310 CMR 40.0000, the terms "priority disposal site," "Location To Be Investigated," and "non-priority disposal site" shall have the meaning ascribed to them by 310 CMR 40.020, as amended prior to October 1, 1993.

(4) For purposes of 310 CMR 40.0000, the terms "undertaking," "conducting" and "performing" are used to refer to the undertaking, conducting and performing of response actions by RPs, PRPs or Other Persons, as applicable. Such persons may be required to engage or employ an LSP to provide Professional Services with respect to such response actions.

(5) For purposes of 310 CMR 40.0000, the following words and phrases shall have the meaning ascribed to them by M.G.L. c. 21E, ' 2, unless the context clearly indicates otherwise: fiduciary, owner, operator and secured lender.

(6) For purposes of 310 CMR 40.0000, the term "Solid Waste Management Facility" shall have the meaning ascribed to such term by 310 CMR 19.006.

(7) For purposes of 310 CMR 40.0000, the term "21C Facility" shall mean a hazardous waste management facility

(a) for which a currently valid license has been issued pursuant to 310 CMR 30.800; or

(b) that is a "facility having interim status pursuant to RCRA," as defined in 310 CMR 30.010, and is in compliance with 310 CMR 30.099(6).

(8) For purposes of 310 CMR 40.0000, the term "21C Corrective Action" shall mean the closure of a 21C Facility pursuant to 310 CMR 30.580 through 310 CMR 30.589, the post-closure care of a RCRA Facility pursuant to 310 CMR 30.590 through 310 CMR 30.599, and any other response action at a RCRA Facility required by M.G.L. c. 21C and/or 310 CMR 30.000.

(9) For purposes of 310 CMR 40.0000, the term "HSWA Facility" shall mean:

(a) a 21C Facility, and

(b) a landfill, surface impoundment or waste pile unit, as such terms are defined in 40 Code of Federal Regulations ' 260.10; provided such 21C Facility or landfill, surface impoundment or waste pile unit for which there exists a currently valid license, permit, approval or order issued pursuant to 42 U.S.C. '' 6928(a), 6928(h), 6924(u) or 6924(v).

(10) For purposes of 310 CMR 40.0000 the term "HSWA Corrective Action" shall mean corrective actions for a HSWA Facility required by a license, permit, approval or order issued pursuant to 42 U.S.C. '' 6928(a), 6928(h), 6924(u) or 6924(v).

(11) For purposes of 310 CMR 40.0000, the terms "sewer system", "NPDES", "Publicly Owned Treatment Works", "POTW", "outlet", and "effluent" shall have the meaning ascribed to such terms by 314 CMR 3.00, the Massachusetts Surface Water Discharge Permit Program.

(12) For purposes of 310 CMR 40.0000, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise:

Active Operation and Maintenance means activities related to:

(a) operating and maintaining an Active Remedial System or

(b) conducting an Active Remedial Monitoring Program.

Active Remedial Monitoring Program means a remedial action that employs a systematically designed and monitored program of sampling and analyzing environmental media (e.g., application of Remedial Additives, Monitored Natural Attenuation, reactive walls); an Active Remedial Monitoring Program does not employ an Active Remedial System.

Active Remedial System means a remedial action that relies upon the continual or periodic use of an on-site or in-situ mechanical or electro-mechanical device.

Act of God means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. A natural disaster is unanticipated when it is of a type unexpected given the area, the season, and the past history of conditions.

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40.0006: continued

Activity and Use Limitation means a Grant of Environmental Restriction or Notice of Activity and Use Limitation recorded, registered or filed in accordance with 310 CMR 40.1070 through

310 CMR 40.1099.

Adjudicatory hearing means a hearing conducted in accordance with M.G.L. c. 30A, ' 10, and the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.00.

Affected individual means any individual who experiences or may experience significant health, safety, welfare or environmental impacts from a disposal site.

Affected person means any group of two or more individuals, or any community or agency thereof, or a district or body politic which operates a public water system that might be affected by a disposal site.

Agency means any agency, authority, board, commission, department, office, or political subdivision of the federal, state or local government.

Aliphatic Hydrocarbon Fraction means C5 through C8 Aliphatic Hydrocarbons, C9 through C12

Aliphatic Hydrocarbons, C9 through C18 Aliphatic Hydrocarbons, and C19 through C36 Aliphatic Hydrocarbons.

Applicant means any person who applies for, or who is required to apply for, a permit, or who applies for a TAG or on whose behalf an application for a permit or TAG is made.

Application means any application, filing, notification, or other submittal of documents in the required form to the Department to initiate a permit or TAG.

Aquifer means a geologic formation, group of formations or part of a formation that is capable of yielding a significant amount of groundwater to wells or springs.

Area of Critical Environmental Concern and ACEC each means an area which has been so designated by the Secretary of Environmental Affairs pursuant to 301 CMR 12.00.

Aromatic Hydrocarbon Fraction means C9 through C10 Aromatic Hydrocarbons and C11 through C22 Aromatic Hydrocarbons.

As-Built Construction Report means the document that is prepared in compliance with 310 CMR 40.0875.

Assess and assessment each means investigations, monitoring, surveys, testing, and other information-gathering activities to identify:

(a) the existence, source, nature and extent of a release or threat of release of oil and/or hazardous material;

(b) the extent of risk or danger to the public health, safety, welfare and the environment; or

(c) those persons liable under M.G.L. c. 21E, ' 5. These terms shall also include, without limitation, studies, services and investigations to plan, manage and direct assessments, containments and removals, to determine and recover the costs thereof and to otherwise accomplish the purposes of M.G.L. c. 21E and/or 310 CMR 40.0000. Such terms shall not include removals, containments or remedial actions.

Assessment Endpoint means a specific effect on a specific group of organisms that is evaluated in a quantitative environmental risk characterization.

Audit means any activity conducted by the Department pursuant to 310 CMR 40.1100 with respect to a site to determine whether response actions which the Department has not directly overseen or performed have been conducted in accordance with M.G.L. c. 21E, 310 CMR 40.000, 310 CMR 40.0000 and any other laws, regulations, orders, permits and approvals applicable to such response actions. An audit may be conducted for all or any portion of a response action or site.

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40.0006: continued

Audit Follow-up Plan means a plan prepared by an LSP or the Consultant-of-Record pursuant to 310 CMR 40.1100 to confirm, demonstrate or achieve compliance with M.G.L. c. 21E and/or the MCP.

Background means those levels of oil and hazardous material that would exist in the absence of the disposal site of concern which are either:

(a) ubiquitous and consistently present in the environment at and in the vicinity of the disposal site of concern; and attributable to geologic or ecological conditions, or atmospheric deposition of industrial process or engine emissions;

(b) attributable to coal ash or wood ash associated with fill material;

(c) releases to groundwater from a public water supply system; or

(d) petroleum residues that are incidental to the normal operation of motor vehicles.

Biota means plant or animal life.

C5 through C8 Aliphatic Hydrocarbons means the cumulative concentration of all aliphatic hydrocarbon compounds with boiling points greater than 36EC and less than 150EC, as measured by chromatographic methods approved by the Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2).

C9 through C12 Aliphatic Hydrocarbons means the cumulative concentration of all aliphatic hydrocarbon compounds with boiling points equal to or greater than 150EC and less than 217EC, as measured by chromatographic methods approved by the Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2).

C9 through C18 Aliphatic Hydrocarbons means the cumulative concentration of all aliphatic hydrocarbon compounds with boiling points equal to or greater than 150EC and less than 330EC, as measured by chromatographic methods approved by the Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2).

C19 through C36 Aliphatic Hydrocarbons means the cumulative concentration of all aliphatic hydrocarbon compounds with boiling points equal to or greater than 330EC and less than 500EC, as measured by chromatographic methods approved by the Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2).

C9 through C10 Aromatic Hydrocarbons means the cumulative concentration of all aromatic hydrocarbon compounds with boiling points greater than 169EC and equal to or less than 218EC, as measured by chromatographic methods approved by the Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2).

C11 through C22 Aromatic Hydrocarbons means the cumulative concentration of all aromatic hydrocarbon compounds with boiling points greater than 218EC and equal to or less than 525EC, as measured by chromatographic methods approved by the Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2).

CAS means Chemical Abstract Service.

Carcinogenic Slope Factor means the cancer risk (proportion affected) per unit dose of an oil or hazardous material, as published by EPA.

CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. '' 960l et seq., as amended.

Chief Municipal Officer means the city manager in any city having a city manager, or the mayor in any other city; the town manager in any town having a town manager, or the chairman of the board of selectmen in any other town.

Class A Surface Water Body means any segment of an inland or coastal surface water body so assigned "Class A" pursuant to 314 CMR 4.00.

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40.0006: continued

Coastal waters means the Atlantic Ocean and all contiguous saline bays, inlets and harbors within the jurisdiction of the Commonwealth including areas where fresh and salt waters mix and tidal effects are evident or any partially enclosed coastal body of water where the tide meets the current of a stream or river.

Commissioner means the Commissioner of the Department of Environmental Protection.

Community means any city or town of the Commonwealth.

Completion Statement means the LSP Opinion, including, but not limited to, applicable scopes of work, plans and reports, required by:

(a) 310 CMR 40.0427 upon completion of an Immediate Response Action;

(b) 310 CMR 40.0446 upon completion of a Release Abatement Measure;

(c) 310 CMR 40.0466 upon completion of a Utility-related Abatement Measure;

(d) 310 CMR 40.0630 upon completion of response actions at a Waiver Site;

(e) 310 CMR 40.1140 upon completion of response actions required by an Audit Follow-up Plan;

(f) 310 CMR 40.0484 upon completion of Phase I;

(g) 310 CMR 40.0836 upon completion of Phase II;

(h) 310 CMR 40.0862 upon completion of Phase III;

(i) 310 CMR 40.0879 upon completion of Phase IV;

(j) 310 CMR 40.0893 upon completion of Phase V; and

(k) any other permit, approval or order issued by the Department.

Compliance Assistance means any service rendered by the Department to assist any person performing a response action to confirm, demonstrate or achieve compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other laws, regulations, orders, permits and approvals applicable to such response actions.

Comprehensive Remedial Action means any remedial action performed in accordance with

310 CMR 40.0800.

Comprehensive Response Action means any response action performed in accordance with

310 CMR 40.0800.

Compressed gas means any material or mixture that is in a container and that, while in the container, has an absolute pressure exceeding 40 pounds per square inch at 70EF or, regardless of the pressure at 70EF, has an absolute pressure exceeding 104 pounds per square inch at 130EF.

Condition of Substantial Release Migration and SRM each mean a condition at a disposal site that includes any of the following:

(a) releases that have resulted in the discharge of separate-phase oil and/or separate-phase hazardous material to surface waters, subsurface structures, or underground utilities or conduits;

(b) releases to the ground surface or to the vadose zone that, if not promptly removed or contained, are likely to significantly impact the underlying groundwater, or significantly exacerbate an existing condition of groundwater pollution;

(c) releases to the groundwater that have migrated or are expected to migrate more than 200 feet per year;

(d) releases to the groundwater that have been or are within one year likely to be detected in a public or private water supply well;

(e) releases to the groundwater that have been or are within one year likely to be detected in a surface water body, wetland, or public water supply reservoir; or

(f) releases to the groundwater or to the vadose zone that have resulted or are within one year likely to result in the discharge of vapors into school buildings or occupied residential dwellings.

Conditions means those requirements set forth in a written determination issued by the Department for the purpose of permitting, regulating or prohibiting any activity pursuant to M.G.L. c. 21E and/or 310 CMR 40.0000.

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40.0006: continued

Construction Plans and Specifications means any document that is prepared in accordance with

310 CMR 40.0870.

Consultant-of-Record means each consultant, other then a Licensed Site Professional, who provides professional services with respect to a specific site, unless and until such person notifies the Department in writing that he or she is no longer engaged or employed to provide such services with respect to such site.

Contain and containment each means actions taken in response to a release or threat of release of oil or hazardous material to prevent or minimize such release so that it does not migrate or otherwise cause or threaten substantial danger to present or future health, safety, public welfare or the environment. The term shall also include security measures, including, without limitation, the building of fences for the purpose of limiting and restricting access to a site or vessel where there has been a release or there is a threat of a release of oil or hazardous material.

Containerized Waste means discarded oil and/or hazardous material at a site in drums, tanks, engineered impoundments, or other fabricated containers, including, without limitation,

(a) discarded oil and/or hazardous material that was generated at a site as a result of manufacturing industrial, commercial, or other process-related activities, and

(b) discarded oil and/or hazardous material discovered, managed, generated, or accumulated as part of a response action.

Contaminated Debris - means any debris that contains oil and/or hazardous material associated with a release for which notification is required by 310 CMR 40.0300 and 40.1600.

Contaminated Groundwater - means groundwater containing oil and/or hazardous material at concentrations equal to or greater than a release notification threshold established by 310 CMR

40.0300 and 40.1600.

Contaminated Media - means Contaminated Groundwater, Contaminated Sediment, Contam-inated Soil, and/or Contaminated Surface Water.

Contaminated Sediments - means sediments containing oil and/or hazardous material associated with a release for which notification is required by 310 CMR 40.0300 and 40.1600.

Contaminated Soil - means soil containing oil and/or hazardous material at concentrations equal to or greater than a release notification threshold established by 310 CMR 40.0300 and 40.1600.

Contaminated Surface Water - means surface water containing oil…