Section 30.701 - Land Subject to Flooding310 CMR 30.701 applies to all inland and coastal land subject to flooding. The provisions that apply vary with the category of hazardous waste management unit and when the unit came into existence. 310 CMR 30.701(6) (for new or expanding units) and 30.701(7) (for existing units) apply to landfills, land treatment units, surface impoundments, waste piles and miscellaneous units. 310 CMR 30.701(1) through (5) apply to all other treatment or storage units.
(1) No active portion of a new storage or treatment facility which receives hazardous waste from any off-site source shall be located within the boundary of land subject to flooding from the statistical 100-year frequency storm. (a) This boundary shall be determined by reference to the most recently available flood profile data prepared pursuant to the National Flood Insurance Program (NFIP) for the city or town within which the facility is proposed to be located. Said boundary, as so determined, shall be presumed accurate. Whenever required by the Department, the owner or operator shall submit such information with the license application to the Department. This presumption may be overcome only by credible evidence, persuasive to the Department, submitted by an independent Massachusetts registered professional engineer or other professional competent in such matters.(b) Where NFIP profile data is unavailable, the license applicant shall determine the boundary of the land subject to flooding by using engineering calculations which shall be based upon the standard methodologies set forth in the U.S. Soil Conservation Service Technical Release No. 55, Urban Hydrology For Small Watersheds and section 4 of the U.S. Soil Conservation Service, National Engineering Hydrology Handbook. Another methodology may be used with written approval from the Department. This determination shall be made by an independent Massachusetts registered professional engineer or other professional competent in such matters.(2) The owner or operator of a new or expanding storage or treatment facility which receives no hazardous waste from any off-site source, and the active portion of which is located within the boundary of land subject to flooding from the statistical 100-year frequency storm, shall floodpro of the active portion of the facility. (a) Floodproofing shall be designed, constructed, operated and maintained to prevent floodwaters from coming into contact with hazardous waste.(b) Either:1. Flood proofing shall be designed, constructed, operated and maintained to prevent floodwaters from coming into contact with any container or tank or other unit holding hazardous waste; or2. Any container, tank or other unit holding hazardous waste shall be designed, constructed, operated and maintained to withstand hydrostatic, dynamic and buoyant forces so as to be secured during the 100-year flood.(3) Each owner or operator shall floodproof each active portion of each existing storage or treatment facility which is located within the boundary of land subject to flooding from the statistical 100-year frequency storm. Floodproofing shall be in compliance with 310 CMR 30.701(2)(a) and (b).(4) No facility which receives hazardous waste from any off-site source shall be expanded into or within the boundary of land which is subject to flooding from the statistical 100-year frequency storm.(5) The owner or operator of each new storage or treatment facility which receives hazardous waste fron any off-site source shall floodproof each active portion located outside the boundary of land subject to flooding from the statistical 100-year frequency storm but within the boundary of land subject to flooding from the statistical 500-year frequency storm. For the purposes of 310 CMR 30.701(5) only, the term off-site shall not include the same or geographically contiguous property in single ownership which may be divided by public or private right-of-way, other than a limited access highway or a way to which the owner or operator has no physical or legal access, regardless of whether access is by crossing or by going along the right-of-way.(a) Floodproofing shall be designed, constructed, operated and maintained to prevent floodwaters from coming into contact with hazardous waste.(b) Either: 1. Floodproofing shall be designed, constructed, operated and maintained to prevent floodwaters from coming into contact with any container, tank or other unit holding hazardous waste; or2. Any container, tank or other unit holding hazardous waste shall be designed, constructed, operated and maintained to withstand hydrostatic, dynamic and buoyant forces so as to be secured during the 500-year flood.(6) No active portion of a landfill, land treatment unit, surface impoundment, waste pile or miscellaneous unit shall be constructed or expanded into or within the boundary of land subject to flooding from the statistical 500-year frequency storm. This boundary shall be determined as set forth in 310 CMR 30.701(1)(a) and (b).(7) The owner or operator of each existing landfill, land treatment unit, surface impoundment, waste pile, disposal facility, or miscellaneous unit which is located within the boundary of land subject to flooding from the statistical 100-year frequency storm shall floodproof the active portion of the facility so that washout will not occur in the event of such a storm, unless the owner or operator persuades the Department that:(a) taking into consideration the volume and physical and chemical properties of the waste in the facility and the impact of the concentrations of hazardous constituents on the current and potential uses of, and water quality standards established for, the affected surface waters and groundwater, as well as the impact on the sediments of affected surface waters or the soils of the 100- year flood plain that could result from washout, there will be no adverse effect on public health nd the environment if washout of hazardous waste occurs; and(b) for surface impoundments, the waste contained in a surface impoundment is hazardous only because it is corrosive pursuant to 310 CMR 30.123(1).Amended by Mass Register Issue 1278, eff. 1/16/2015.