310 CMR, § 40.1040 - Permanent Solutions

(1) Permanent Solutions shall apply where:

(a) a level of No Significant Risk, as specified in 310 CMR 40.0900, exists or has been achieved;

(b) all Sources of OHM Contamination have been eliminated or controlled, as specified in 310 CMR 40.1003(5)(a) and (b);

(c) control of plumes of dissolved OHM in groundwater and vapor-phase OHM in the Vadose Zone has been achieved as specified in 310 CMR 40.1003(6)(a);

(d) NAPL, if present, has been addressed as specified in 310 CMR 40.1003(7)(a);

(e) all threats of release have been eliminated; and

(f) the level of oil and/or hazardous material concentrations in the environment have been reduced to as close to Background levels as feasible as specified at 310 CMR 40.1020.

(2) Permanent Solutions shall not apply to:

(a) except as provided at 310 CMR 40.1025 where an Active Exposure Pathway Mitigation Measure is implemented as part of a Permanent Solution with Conditions, any disposal site or portion of a disposal site where Active Operation and Maintenance of a remedial action is required; or

(b) any disposal site or portion of a disposal site where groundwater or soil concentrations of oil and/or hazardous material exceed Method 3 Ceiling Limits specified in 310 CMR 40.0996, except in those cases where the concentrations are shown to be consistent with Background, or the soil is located at a depth greater than 15 feet from the ground surface or beneath an Engineered Barrier, and it is not feasible pursuant to the criteria listed at 310 CMR 40.0860 to reduce such soil concentrations to less than or equal to the applicable Method 3 Ceiling Limits in Soil listed in 310 CMR 40.0996(7).

(c) any disposal site or portion of a disposal site where groundwater concentrations exceed an applicable or suitably analogous standard listed in 310 CMR 40.0993(3) where the groundwater is categorized as GW-1 pursuant to 310 CMR 40.0932; or

(d) any site, disposal site or portion of a disposal site where stockpiled/stored Remediation Waste requiring management or disposal pursuant to 310 CMR 40.0030 remains at such site, disposal site or portion of a disposal site.

(3) Permanent Solutions may be achieved at any point in the response action process where the requirements of a Permanent Solution have been achieved and documented.

Notes

310 CMR, § 40.1040

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.