Current through Register 1533, October 25, 2024
Section 19.151 - Corrective Action Requirements(1)General. Corrective action shall consist of all measures necessary to address existing and potential impacts of the landfill on public health, safety and the environment as determined by the corrective action alternatives analysis and approved by the Department and to comply with the requirements of 310 CMR 40.0114.(2)Content. Corrective action shall be conducted in two phases: (a)Corrective Action Design. In this phase further engineering analyses shall be undertaken by the owner or operator to complete the design of the Department's approved corrective action alternative. Final design plans and an implementation schedule shall be submitted to the Department for approval.(b)Corrective Action Implementation. This phase shall consist of implementation of the approved corrective action design. This phase shall include construction and installation of all components, post-closure monitoring and any required operation and maintenance activities.(3)Department Approval. Upon submittal of the Corrective Action Design, the Department shall make one of the following determinations: (a)The Corrective Action Design is approved. The Department may impose terms and conditions on its approval including a schedule and sequence for submission of further data; or(b) The Corrective Action Design is incomplete, inadequate or inconsistent with 310 CMR 19.000 or other applicable laws or regulations and further design activities are required.(4)Oversight of Corrective Action Implementation. The owner or operator shall provide the Department with progress reports detailing the activities undertaken to implement the approved corrective action alternative. Reports shall be filed by a registered engineer and submitted to the Department on a schedule to be approved by the Department. A registered engineer shall certify that construction of the corrective action alternative has been accomplished in accordance with approved plans.(5)Applicability of M.G.L. c. 21E. Nothing in 310 CMR 19.151 shall limit or restrict the Department from exercising its authority in accordance with the provisions of M.G.L. c. 21E and 310 CMR 40.000.