310 CMR, § 40.0997 - The Presence of Visible Coal Tar Waste Deposits
(1) At disposal sites where there is a
presence of visible coal tar waste deposits, the characterization of risk of
harm to public welfare and the environment for current and future conditions
shall include an assessment of the accessibility of such deposits pursuant to
310 CMR 40.0997(2) and (3).
(2) No
Significant Risk of harm to public welfare and the environment exists or has
been achieved for current conditions at the disposal site, but not for future
conditions, if:
(a) a finding of No
Significant Risk of harm to public welfare and the environment for current
conditions has been made for the disposal site pursuant to
310
CMR 40.0994 and
310
CMR 40.0995, respectively;
(b) any visible coal tar waste deposit is
located:
1. at a depth equal to or greater
than three feet below the ground surface; or
2. at a depth less than three feet from the
ground surface in an area completely covered by pavement, cap or barrier to
exposure.
(3)
No Significant Risk of harm to public welfare and the environment exists or has
been achieved for both current and future conditions at the disposal site if:
(a) a finding of No Significant Risk of harm
for the disposal site to public welfare and the environment for both current
and future conditions has been made pursuant to
310
CMR 40.0994 and
310
CMR 40.0995, respectively;
(b) the visible coal tar waste deposit is
located either:
1. at a depth greater than 15
feet from the ground surface; or
2.
beneath an Engineered Barrier implemented pursuant to the requirements at
310
CMR 40.0998; and
(c) an Activity and Use Limitation is
implemented as required in
310
CMR 40.1012(2).
(4) For the purposes of 310 CMR
40.0997(2) and (3), where the visible coal tar waste deposit is located beneath
a building, the ground surface shall begin at the surface of the soil
immediately below the building.
Notes
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