310 CMR, § 40.1404 - Public Involvement Plan Site Designation

(1) The following disposal sites shall be eligible for PIP Site Designation:

(a) any disposal site that has been tier classified pursuant to 310 CMR 40.0500;

(b) any disposal site that is deemed a default Tier ID site pursuant to 310 CMR 40.0502;

(c) any disposal site at which response actions are being conducted in accordance with 310 CMR 40.0112 and for which a RCRA Facility Assessment has been completed;

(d) any disposal site at which response actions are being conducted in accordance with 310 CMR 40.0113 and for which either a RCRA Facility Assessment or equivalent assessment in accordance with 310 CMR 30.000: Hazardous Waste has been completed; or

(e) any disposal site at which response actions are being conducted in accordance with 310 CMR 40.0114 and for which an Initial Site Assessment or equivalent assessment in accordance with 310 CMR 19.00: Solid Waste Management has been completed.

(2) Except as provided in 310 CMR 40.1404(3), a disposal site shall not be eligible for designation as a PIP Site if the Department issued or received any of the following:

(a) a No Further Action determination letter issued by the Department pursuant to 310 CMR 40.000;

(b) a determination by the Department that the site is exempt from the transition requirements pursuant to 310 CMR 40.0637;

(c) a Permanent Solution Statement pursuant to 310 CMR 40.1000;

(d) an LSP Evaluation Opinion, Consultant of Record No Further Action Statement or PRP No Further Action Statement pursuant to 310 CMR 40.0600; or

(e) a Waiver Completion Statement pursuant to 310 CMR 40.537.

(3) Notwithstanding 310 CMR 40.1404(2), a disposal site may be subject to PIP Site Designation or the continuation of PIP activities under an existing PIP Site Designation if the Department:

(a) specifies that a new or continued PIP Designation is appropriate for remedial actions conducted pursuant to 310 CMR 40.1067; or

(b) finds that a determination or submittal listed in 310 CMR 40.1404(2)(a) through (e) is invalid and that further response actions are required at the disposal site to which the determination or submittal applied.

(4) Petitions shall be submitted to the party responsible for conducting response actions at the disposal site. For disposal sites where a RP, PRP or Other Person is conducting response actions, a copy of the petition shall also be sent concurrently to the Department.

(5) Petitions submitted shall:

(a) identify the disposal site to be designated, by name, address, and Release Tracking Number(s) if known;

(b) include a request to designate the disposal site as a PIP Site pursuant to M.G.L. c. 21E, § 14(a) and the Massachusetts Contingency Plan, 310 CMR 40.1404; and

(c) include the signatures and addresses of at least ten persons signing the petition. These names and addresses shall also be legibly printed so that they can be used to respond to the petition.

(6) Upon receipt of a petition for a disposal site eligible for PIP Site Designation pursuant to 310 CMR 40.1404(1) through (3) signed by ten or more residents of a municipality in which the disposal site is located, or of a municipality potentially affected by the disposal site, the disposal site shall be designated a PIP Site. Following PIP Site Designation, the person(s) conducting response action shall inform the petitioners of such Designation pursuant to 310 CMR 40.1404(7).

(7) All petitioners shall be informed in writing by the person(s) conducting response actions as to whether or not the disposal site has been designated as a PIP Site within 20 days of receipt of such a petition. If the disposal site is ineligible for PIP Site Designation pursuant to 310 CMR 40.1404(1) through (3), then the reason why the site is ineligible for PIP Site Designation shall be stated in the response letter to the petitioners. If the Department is not conducting response actions at the disposal site, a copy of the response letter shall be concurrently sent to the Department.

(8) While petitions to designate a disposal site as a PIP Site shall be accepted for any Tier I, Tier II or Tier ID disposal site, the submission of such a petition by itself shall not alter the classification of a disposal site pursuant to 310 CMR 40.0500.

(9) The submittal of a PIP petition shall not alter the order in which the Department initiates response actions at a disposal site.

(10) When PIP Site Designation is terminated pursuant to 310 CMR 40.1405(7), a new PIP Site Designation petition shall be required to re-designate the disposal site as a PIP Site.

(11) A new PIP Site Designation petition is not required for a disposal site that is currently a PIP Site at which a new release or threat of release for which notification is required pursuant to 310 CMR 40.0300 occurs. The person(s) conducting response actions at the disposal site shall inform the individuals on the mailing list established for the PIP Site of any such new release or threat of release using a written notice pursuant to 310 CMR 40.1403(2)(a).

(12) A PIP petition may be withdrawn prior to the development of a draft Public Involvement Plan. Withdrawals shall be submitted in writing to the person(s) conducting response actions and shall include the site name, Release Tracking Number, an explanation for the withdrawal, and the signatures of a majority of the original petitioners. Within 14 days of the date of receipt of the withdrawal request, the person(s) conducting response actions shall provide a copy of the request to the Department.

Notes

310 CMR, § 40.1404

Amended by Mass Register Issue 1503, eff. 3/1/2024. Amended by Mass Register Issue S1516, eff. 3/1/2024.