Section 40.0425 - Immediate Response Action Status and Remedial Monitoring Reports(1) Unless otherwise specified in writing by the Department, a person conducting Immediate Response Actions shall submit a written Status Report to the Department 120 days after the date on which that person first communicated to the Department his or her intention to conduct that Immediate Response Action.(2) Except as provided in 310 CMR 40.0425(5), following submission of the first such Status Report, additional Status Reports shall be submitted to the Department every six months thereafter, until such time as an Immediate Response Action Completion Report is submitted to the Department, as described in 310 CMR 40.0427. Each Status Report shall document Immediate Response Action activities occurring over the period of time since the previously submitted Status Report.(3) Immediate Response Action Status Reports shall contain, at a minimum, the following information: (a) the status of assessment and/or remedial actions;(b) any significant new site information or data;(c) details of and/or plans for the management of Remediation Waste, Remedial Wastewater and/or Remedial Additives;(d) any other information required by the Department in its approval of the Immediate Response Action Plan; and(e) an LSP Opinion as to whether the Immediate Response Action is being conducted in conformance with the Immediate Response Action Plan and any conditions of approval established by the Department.(4) Status Reports shall not be required for sites where an Immediate Response Action Completion Report or a Permanent Solution Statement is received by the Department prior to the date on which the first Status Report is required pursuant to 310 CMR 40.0425(1).(5) Where Immediate Response Actions are being undertaken solely to eliminate, mitigate, or prevent a Critical Exposure Pathway that does not pose an Imminent Hazard with the use of an Active Exposure Pathway Mitigation Measure, Status Reports shall be submitted to the Department as follows: (a) Status Reports shall be submitted at the frequency specified in 310 CMR 40.0425(2) unless and until a Status Report containing the following information is submitted: 1. Results of sampling demonstrating the Active Exposure Pathway Mitigation Measure is effectively maintaining, at a minimum, a condition of No Significant Risk for the Receptors of concern;2. A listing of the specific system conditions, operating parameters, and/or maintenance necessary for ensuring the ongoing effectiveness of the Active Exposure Pathway Mitigation Measure in maintaining a condition of No Significant Risk for the Receptors of concern;3. A description of a monitoring program designed to ensure the ongoing effectiveness of the Active Exposure Pathway Mitigation Measure in maintaining a condition of No Significant Risk for the Receptors of concern; and4. An LSP Opinion supporting a reduced reporting schedule pursuant to 310 CMR 40.0425(5)(b) as being adequate to document the ongoing Immediate Response Actions.(b) Once the IRA Status Report outlined in 310 CMR 40.0425(5)(a) has been submitted, the frequency at which IRA Status Reports shall be submitted to the Department may be reduced to annually thereafter, until such time as an IRA Completion Report is submitted to the Department, as outlined in 310 CMR 40.0427.(c) Notwithstanding the provisions of 310 CMR 40.0425(5), any person conducting response actions pursuant to this section that rely on an Active Exposure Pathway Mitigation Measure, who has knowledge of the failure of the Measure to effectively maintain a condition of No Significant Risk and/or the need to substantially modify such Measure, shall provide a modified IRA Plan to the Department pursuant to 310 CMR 40.0424(2) within 30 days of obtaining such knowledge. Such IRA Plan shall include plans and a timetable to correct failures and/or to implement modifications.(d) Notwithstanding any provision to the contrary, the Department may establish Interim Deadlines and alternate schedules for the submission of Status Reports for IRAs addressing Critical Exposure Pathways.(6) Immediate Response Action Status Reports shall be submitted to the Department using a transmittal form established by the Department for such purposes.(7) For a disposal site where Active Operation and Maintenance of a remedial action is being conducted as part of an Immediate Response Action, in addition to and/or in conjunction with the submittal of IRA Status Reports, a Remedial Monitoring Report shall be submitted to the Department on a form established by the Department for such purposes at the following frequency:(a) except as provided in 310 CMR 40.0425(7)(c), when an Immediate Response Action includes Active Operation and Maintenance of a remedial action to address an Imminent Hazard or Condition of Substantial Release Migration, with the first IRA Status Report and monthly thereafter. In such cases where Active Operation and Maintenance of a remedial action is initiated after the submittal of the first IRA Status Report, the initial Remedial Monitoring Report shall be submitted on the monthly anniversary of the submittal of the first IRA Status Report;(b) except as provided in 310 CMR 40.0425(7)(c), when an Immediate Response Action includes Active Operation and Maintenance of a remedial action to address conditions that do not pose an Imminent Hazard or Condition of Substantial Release Migration, with the first IRA Status Report and every six months thereafter. In such cases where Active Operation and Maintenance of a remedial action is initiated after the submittal of the first IRA Status Report, the initial Remedial Monitoring Report shall be submitted on the next six-month anniversary of the submittal of the first IRA Status Report.(c) where IRA Status Reports are submitted annually pursuant to 310 CMR 40.0425(5)(b), Remedial Monitoring Reports shall be submitted with the annual IRA Status Reports.(d) Notwithstanding any provision to the contrary, the Department may establish Interim Deadlines and alternate schedules for the submission of Remedial Monitoring Reports.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.