310 CMR, § 40.0501 - Scope and Applicability

(1) 310 CMR 40.0500 establishes requirements and procedures for the performance of response actions at Tier I and Tier II disposal sites including, but not limited to, requirements for reevaluating such disposal sites and requirements for submittals. For Tier Classified disposal sites, the specific deadlines for RPs, PRPs and Other Persons to achieve a Permanent or Temporary Solution pursuant to 310 CMR 40.1000 are determined in accordance with 310 CMR 40.0560.

(2) Except as provided in 310 CMR 40.0501(3), all sites for which the Department receives notification of a release or threat of release of oil and/or hazardous material pursuant to 310 CMR 40.0300 on or after October 1, 1993, or has discovered or discovers that a release or threat of release of oil and/or hazardous material has occurred, shall be classified by RPs, PRPs or Other Persons as either a Tier I or Tier II disposal site in accordance with 310 CMR 40.0500. An RP, PRP or Other Person shall submit a Tier Classification Submittal to the Department by the following deadlines:

(a) within one year of the earliest date computed, in accordance with 310 CMR 40.0404(3); or

(b) as otherwise specified by the Department in an Interim Deadline pursuant to 310 CMR 40.0167 or order pertaining to such release or threat of release. In the event that multiple deadlines for Tier Classification would be established by 310 CMR 40.0501(2), with respect to any specific disposal site, the earliest of the applicable deadlines shall apply for the purposes of Tier Classification.

(3) Notwithstanding any provision of 310 CMR 40.0501(2) to the contrary, an RP, PRP or Other Person conducting response actions at a disposal site shall not be required to submit a Tier Classification Submittal if such RP, PRP or Other Person submits either a Permanent Solution Statement pursuant to 310 CMR 40.1000 or a Downgradient Property Status Submittal pursuant to 310 CMR 40.0180 to the Department within one year of the earliest date computed in accordance with 310 CMR 40.0404(3).

(4) Except as provided at 310 CMR 40.0062(1)(j) for Special Project Designations, an individual Tier Classification Submittal may be for a single discrete disposal site located on one or more parcels of land or address multiple discrete disposal sites located on a single parcel of land.

(5) An RP, PRP or Other Person may undertake Phase II and Phase III Comprehensive Response Actions pursuant to 310 CMR 40.0800 prior to Tier Classification without the Department's prior approval, unless otherwise specified in writing by the Department.

(6) Except as provided at 310 CMR 40.0893(4) with respect to response actions implemented at disposal sites in Remedy Operation Status, an RP, PRP or Other Person shall have a valid Tier Classification or Extension thereof in effect from the time of the initial Tier Classification until such time that a Permanent Solution Statement is submitted.

(7) As specified at 310 CMR 40.1067(5)(c), (6)(c) and (7), an RP, PRP or Other Person shall have a valid Tier Classification or Extension thereof to conduct remedial actions at disposal sites where a Permanent Solution Statement has been previously submitted.

Notes

310 CMR, § 40.0501

Amended by Mass Register Issue 1503, eff. 3/1/2024. Amended by Mass Register Issue S1516, eff. 3/1/2024.