310 CMR, § 40.0404 - Timing of Response Actions
(1) RPs and any
other persons conducting response actions shall initiate, implement, and
complete those response actions described in
310
CMR 40.0400 within the time frames specified
in 310 CMR 40.0400 and/or any
Interim Deadlines specified by the Department pursuant to
310
CMR 40.0167.
(2) RPs and any other persons conducting
response actions shall submit all required plans, status reports, completion
reports, and other required response action documentation described in
310
CMR 40.0400 within the time frames specified
in 310 CMR 40.0400 and/or any
Interim Deadline specified by the Department pursuant to
310
CMR 40.0167.
(3) Except for notifications retracted
pursuant to the provisions of
310
CMR 40.0335, a Permanent Solution Statement
or Tier Classification Submittal shall be received by the Department within one
year of the earliest following dates:
(a) the
date that oral notification is received by the Department from any person
listed at
310
CMR 40.0331 of a release or threat of release
that requires notification pursuant to the "two Hour" or "72 Hour" notification
provisions of
310
CMR 40.0311 through
40.0314;
(4) Remedial actions shall not be
undertaken or continued at any site by any person until that person provides
notification to the Department of their knowledge of any releases or threats of
release that meet one or more sets of notification criteria specified in
310
CMR 40.0300, except for:
(a) Limited Removal Actions undertaken in
compliance with the provisions of
310
CMR 40.0318;
(b) time-critical Immediate Response Actions
undertaken to address a release or threat of release of oil and/or hazardous
material pursuant to the provisions of
310
CMR 40.0332 and
310
CMR 40.0421;
(c) the limited excavation of contaminated
soil associated with the closure of an Underground Storage Tank system, as
specified at
310
CMR 40.0421(3); or
(d) time-critical Utility-related Abatement
Measures undertaken to prevent or abate an immediate and substantial danger to
public safety, as specified in
310
CMR 40.0462(3).
(5) Releases and/or threats of
release that occur at a disposal site after Tier Classification of that
disposal site shall not be subject to the one year time frames specified in 310
CMR 40.0404(3), provided that response actions are being conducted at the
disposal site in compliance with the provisions of 310 CMR 40.0000, including,
where appropriate, the submission of all necessary Immediate Response Action
Plans, Status Reports, and Completion Statements.
Notes
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