310 CMR, § 40.0951 - Purpose and Scope of Imminent Hazard Evaluations
(1) The site shall be evaluated to determine
if an Imminent Hazard exists in accordance with 310 CMR 40.0000. The decision
to conduct a quantitative Imminent Hazard Evaluation shall use the Response
Action Performance Standard (RAPS) described in
310
CMR 40.0191, and consider the location and
nature of the oil and/or hazardous material, the Human or Environmental
Receptors which may be exposed, and appropriate guidance published by the
Department.
(2) If the results of
this assessment indicate that the conditions at the site pose an Imminent
Hazard based upon the criteria described in
310
CMR 40.0955, the Department shall be notified
in accordance with
310
CMR 40.0311(7). Subsequent
assessments performed as part of an Immediate Response Action shall consider
the weight of evidence indicating the potential for an Imminent Hazard when
making the evaluations described in
310
CMR 40.0426.
(3) Notwithstanding the provisions of 310 CMR
40.950, the concentration of each oil or hazardous material present in a system
of water supply used by a public water system, as defined in 310 CMR 22.00:
Drinking Water, shall not pose an Imminent Hazard or
Substantial Hazard for current conditions if the public water system is in
compliance with all applicable provisions of 310 CMR 22.00: Drinking
Water and any other requirements specified by the Department pursuant
to its authority under M.G.L. c. 111, § 160, and 310 CMR 22.00:
Drinking Water.
Notes
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