310 CMR, § 40.0502 - Tier ID Disposal Sites

(1) A disposal site shall be deemed a Tier ID ("default") disposal site if any of the following apply:

(a) an RP, PRP or Other Person for such disposal site fails to submit to the Department one of the following by the applicable deadline in 310 CMR 40.0501:

1. a Permanent Solution Statement; or

2. a Tier Classification Submittal; or

(b) the person undertaking response actions is in noncompliance with M.G.L. c. 21E, 310 CMR 40.0000 or any other applicable requirement, and the Department reclassifies the disposal site as a Tier ID disposal site pursuant to 310 CMR 40.0583.

(2) An RP, PRP or Other Person shall not conduct Comprehensive Response Actions pursuant to 310 CMR 40.0800 at a Tier ID disposal site.

(3) An RP, PRP or Other Person for any disposal site that was not previously classified and is deemed a Tier ID disposal site pursuant to 310 CMR 40.0502(1) shall Tier Classify such disposal site pursuant to the requirements at 310 CMR 40.0510.

(4) Any disposal site deemed a Tier ID disposal site pursuant to 310 CMR 40.0502(1)(b) shall be reclassified as follows:

(a) if the disposal site was previously classified pursuant to 310 CMR 40.0510, then the previous classification shall be effective when the Department determines that the RP, PRP, or Other Person has addressed the noncompliance, provided such classification has not expired; and

(b) if the disposal site was not previously classified pursuant to 310 CMR 40.0510, then the RP, PRP or Other Person shall classify the disposal site pursuant to 310 CMR 40.0510.

Notes

310 CMR, § 40.0502

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