310 CMR, § 40.0859 - Selection of Remedial Action Alternative
(1)
Except as provided in
310
CMR 40.0857(2), remedial
action alternatives shall be selected based on the detailed evaluation criteria
contained in
310
CMR 40.0858 and in compliance with the
provisions set forth in
310
CMR 40.0850,
40.0900 and
40.1000.
(2) A remedial action alternative which is a
Permanent Solution shall be selected if a feasible Permanent Solution has been
identified and its implementation is found to be more cost-effective and timely
than would be the implementation of a Temporary Solution.
(a) If there is no such feasible Permanent
Solution, a Temporary Solution shall be selected and implemented and a plan
shall be prepared pursuant to 310 40.0861(2)(h) for the identification and
development of a Permanent Solution.
(b) Where a Permanent Solution for the entire
disposal site is not feasible, the evaluation of remedial alternatives may
consider remedial action alternatives to achieve a Permanent Solution at one or
more portions of the disposal site.
(3) Any selected Permanent Solution shall, to
the extent feasible, reduce the concentrations of oil and hazardous material in
the environment to levels that achieve or approach background.
(4) An Engineered Barrier, cap or other
remedial action alternative that relies upon on-site disposal, isolation, or
containment of oil and/or hazardous material shall not be selected, unless and
until a Phase III evaluation performed pursuant to the provisions of
310
CMR 40.0850 demonstrates the lack of a
feasible alternative.
Notes
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