40.0313 - Releases Which Require Notification Within 72 Hours

40.0313. Releases Which Require Notification Within 72 Hours

Except as provided in 310 CMR 40.0317 or 40.0332(7), persons required to notify under 310 CMR 40.0331 shall notify the Department not more than 72 hours after obtaining knowledge that a release of oil and/or hazardous material(s) meets one or more of the following sets of criteria:

(1) a release to the environment indicated by the presence of a subsurface Non-Aqueous Phase Liquid (NAPL) having a measured thickness equal to or greater than 1/2 inch;

(2) a release to the environment indicated by the presence of oil and/or hazardous material within ten feet of the exterior wall of an underground storage tank, as established by measurement of equal to or greater than 100 parts-per-million (ppm) by volume of total organic vapors "as benzene" in the headspace of a soil or groundwater sample using a headspace screening method, and where such sample was obtained:

(a) greater than two feet below the ground surface; and

(b) as part of a closure assessment required pursuant to 527 CMR 9.00 and 40 CFR Parts 280 and 281, or in connection with the removal or closure of an underground storage tank otherwise regulated by M.G.L. c. 148 or 527 CMR 9.00;

(3) a release to the environment indicated by the measurement of oil and/or hazardous material in the groundwater at concentrations equal to or greater than a Category RCGW-1 Reportable Concentration, as described in 310 CMR 40.0360 through 40.0369 and listed at 40.1600, within:

(a) the Zone I of a public water supply well; or

(b) 500 feet of a private water supply well; or

(4) a release to the environment indicated by measurement within the groundwater of equal to or greater than five milligrams per liter of total volatile organic compounds at any point located within 30 feet of a school or occupied residential structure, where the groundwater table is less than 15 feet below the surface of the ground; or

(5) a Condition of Substantial Release Migration, where such condition is associated with a release for which notification otherwise is or has at any time in the past been required in accordance with 310 CMR 40.0300.

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