Section 40.0115 - Radioactive Material(1)Licensed Facilities. (a) Response actions at sites and facilities licensed and overseen by the Massachusetts Department of Public Health under the provisions of 105 CMR 120.000: The Control of Radiation (i.e., Licensed Facilities), shall be deemed adequately regulated for purposes of 310 CMR 40.0000 with respect to releases of Radioactive Materials.(b) Releases of oil or hazardous materials other than Radioactive Materials at such Licensed Facilities shall be assessed and mitigated in accordance with the risk assessment and risk management provisions of, and shall otherwise be subject to, 310 CMR 40.0000.(2)Non-Licensed Sites.(a) Response actions at sites not licensed and overseen by the Massachusetts Department of Public Health under the provisions of 105 CMR 120.000: The Control of Radiation (i.e., Non-licensed Sites) are subject to 310 CMR 40.0000.(b) Notwithstanding the risk characterization requirements at 310 CMR 40.0993, the human health risks posed by Radiation from releases of Radioactive Materials to the environment at such Non-licensed Sites shall be assessed and mitigated in accordance with the technical protocols, procedures, and standards contained in 105 CMR 120.000: The Control of Radiation.(c) The non-Radiation human health risks posed by releases of Radioactive Materials to the environment, including threshold and non-threshold health effects, and the human health risks associated with releases of oil or hazardous materials other than Radioactive Materials shall be assessed and mitigated in accordance with the risk assessment and risk management provisions of 310 CMR 40.0000.(d) All Permanent and Temporary Solutions achieved at such Non-licensed Sites shall require the implementation of an Activity and Use Limitation documenting the nature and location of Radioactive Materials emitting Radiation above background levels and obligations and conditions for preventing exposures to such Radioactive Materials.Adopted by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.