310 Mass. Reg. 40.0064

Current through Register 1523, June 7, 2024
Section 40.0064 - Special Project Designation Conditions
(1) Any person performing response actions to address a disposal site subject to a Special Project Designation shall comply with M.G.L. c. 21E, 310 CMR 40.0000, the terms and conditions of the Special Project Designation Permit and any other applicable federal, state or local laws.
(2) All Special Project Designation Permits shall have as conditions of Designation the requirement that the Permittee shall:
(a) oversee and coordinate the Special Project;
(b) comply with the terms and conditions of response actions established or approved by the Department during the course of the Special Project;
(c) comply with the notification regulations at 310 CMR 40.0300 for any release or threat of release of oil and/or hazardous material;
(d) comply with the requirements for conducting Immediate Response Actions to address two- or 72-hour releases or threats of release or Conditions of Substantial Release Migration in accordance with 310 CMR 40.0400;
(e) provide reasonable access to the parcel owned or controlled by the Permittee to employees, agents and contractors of the Department for all purposes authorized by M.G.L. c. 21E and to other persons performing response actions;
(f) avoid engaging in activities that could prevent or impede the implementation of reasonably likely response actions in the future;
(g) for Special Project Designations pursuant to 310 CMR 40.0061(1)(a), file a Tier Classification Submittal for any disposal site that requires further response actions by the date the Special Project Designation Permit expires, unless such Permit is extended pursuant to 310 CMR 40.0067 and 40.0070;
(h) for Special Project Designations pursuant to 310 CMR 40.0061(1)(b), file the next applicable Comprehensive Response Action Submittal for any disposal site that requires further response actions by the date the Special Project Designation Permit expires, unless such Permit is extended pursuant to 310 CMR 40.0067 and 40.0070;
(i) provide the Department with a report describing the status of response actions on an annual basis, unless an alternative schedule is established in the Special Project Designation Permit; and
(j) comply with any other conditions necessary to ensure the appropriate implementation of response actions.
(3) A Special Project Designation Permit shall not grant any property rights or exclusive privileges, nor shall it authorize any injury to private property or taking of property rights.

310 CMR 40.0064

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