310 CMR, § 40.1003 - General Provisions for Permanent and Temporary Solutions
(1) All necessary and required response
actions under 310 CMR 40.0000 shall not have been conducted at a site or
disposal site, unless and until a level of No Significant Risk exists or has
been achieved and a Permanent Solution has been achieved in accordance with
310
CMR 40.1000.
(2) RPs, PRPs and Other Persons conducting
response actions at any site for which notification of a release or threat of
release of oil and/or hazardous material is required pursuant to
310
CMR 40.0300 shall achieve a Permanent or
Temporary Solution and submit a Permanent or Temporary Solution Statement to
the Department in accordance with the requirements of
310
CMR 40.1000 within the deadlines established
in 310 CMR 40.0500, or any other
deadline established under 310 CMR 40.0000 or any determination or order issued
by the Department. In such cases where a Temporary Solution is achieved, a
Permanent Solution must eventually be achieved when such Permanent Solution
becomes feasible.
(3) A Permanent
or Temporary Solution may be achieved, and a Permanent or Temporary Solution
Statement may be submitted for an entire site, disposal site or a portion of a
disposal site.
(4) The location of
a site for which a Permanent or Temporary Solution applies shall be clearly and
accurately identified in the Permanent or Temporary Solution Statement. The
boundaries of a disposal site or portion of a disposal site for which a
Permanent or Temporary Solution applies shall be clearly and accurately
delineated and provided in documentation submitted with the Permanent or
Temporary Solution Statement.
(5)
Source Elimination or Control. A Permanent or
Temporary Solution shall not be achieved unless and until response actions are
taken to adequately identify and address Sources of OHM Contamination at the
disposal site. Such response actions shall ensure:
(a) for a Permanent or Temporary Solution,
all unpermitted releases of OHM to the environment are eliminated;
(b) for a Permanent Solution, all Sources of
OHM Contamination are eliminated, or if they are not eliminated, they are
eliminated to the extent feasible and they are controlled;
(c) for a Temporary Solution, all Sources of
OHM Contamination are eliminated or controlled to the extent
feasible.
(6)
Migration Control. A Permanent or Temporary Solution
shall not be achieved unless and until response actions are taken to adequately
assess and control the subsurface migration of OHM remaining at a disposal
site. Such response actions shall ensure:
(a)
for a Permanent Solution, plumes of dissolved OHM in groundwater and
vapor-phase OHM in the Vadose Zone are stable or contracting;
(b) for a Temporary Solution, plumes of
dissolved OHM in groundwater and vapor-phase OHM in the Vadose Zone are stable
or contracting or otherwise controlled or mitigated to the extent
feasible.
(7)
NAPL. A Permanent or Temporary Solution shall not be
achieved at a disposal site where NAPL is or was visibly present at levels
requiring notification under the provisions of
310
CMR 40.0300 unless and until response actions
are taken to adequately assess the nature, extent, and mobility of the NAPL,
and, where necessary, remedial actions are taken to adequately contain or
remove such NAPL. Such response actions shall ensure:
(a) for a Permanent Solution:
1. Non-stable NAPL is not present under
current site conditions and for the foreseeable future; and
2. all NAPL with Micro-scale Mobility is
removed if and to the extent feasible based upon consideration of CSM
principles;
(b) for a
Temporary Solution, all Non-Stable NAPL and NAPL with Micro-scale Mobility is
removed and/or controlled if and to the extent feasible.
Notes
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