310 CMR, § 40.1013 - Limitations, Assumptions and Conditions on Site Activities and Uses That Do Not Require an AUL

(1) An Activity and Use Limitation shall not be required if the Permanent Solution is based upon one or more of the following limitations, assumptions or conditions on Site Activities and Uses and an Activity and Use Limitation is not otherwise required pursuant to 310 CMR 40.1012(2):

(a) the recommendation of Best Management Practices for Non-commercial Gardening in a residential setting to minimize and control potential risk pursuant to 310 CMR 40.0923(3)(c) and 310 CMR 40.0942(1)(e);

(b) the concentrations of OHM at the disposal site are consistent with Anthropogenic Background levels;

(c) the location of residual contamination within a public way or within a Rail Right-of-way; or

(d) the absence of an occupied building or structure in an area in which the groundwater would otherwise be classified as GW-2 pursuant to 310 CMR 40.0932(6), and where the residual concentrations of OHM in the groundwater exceed the GW-2 standards published in 310 CMR 40.0974(2).

(2) A Permanent Solution that is based upon one or more of the limitations, assumptions or conditions on Site Activities and Uses listed at 310 CMR 40.1013(1) shall document such limitations, assumptions and conditions in the Permanent Solution Statement as required pursuant to 310 CMR 40.1056(1)(f) and (2)(j).

(3) A Permanent Solution that is based upon one or more of the limitations, assumptions or conditions on Site Activities and Uses listed at 310 CMR 40.1013(1) is a Permanent Solution with Conditions pursuant to 310 CMR 40.1041(2).

Notes

310 CMR, § 40.1013

Amended by Mass Register Issue 1407, eff. 12/27/2019. Amended by Mass Register Issue 1503, eff. 3/1/2024. Amended by Mass Register Issue S1516, eff. 3/1/2024.