Section 40.0427 - Immediate Response Action Completion Reports(1) An Immediate Response Action shall be considered complete when the release, threat of release and/or site conditions which give rise to the need for that Immediate Response Action, as described in 310 CMR 40.0412, have been assessed and, where necessary, remediated in a manner and to a degree that will ensure, at a minimum:(a) the accomplishment of any necessary stabilization of site conditions;(b) the elimination or control of any Imminent Hazards to health, safety, public welfare and the environment, without the continued operation and maintenance of Active Remedial Systems or Active Exposure Pathway Mitigation Measures or the incorporation of ongoing response actions to eliminate or control the Imminent Hazard into the Phase IV Remedy Implementation Plan for the disposal site; and(c) the completion of time-critical measures addressing the elimination, prevention or mitigation of Critical Exposure Pathway(s) as documented with an LSP Opinion concluding that: 1. the Critical Exposure Pathway(s) have been eliminated using passive measures;2. a feasibility study, as specified at 310 CMR 40.0414(3) and (4), supports the conclusion that it is not feasible to eliminate, prevent, or mitigate the Critical Exposure Pathway(s);3. a feasibility study, conducted as part of a Phase III evaluation of Comprehensive Remedial Alternatives as specified in 310 CMR 40.0860, supports the conclusion that it is not feasible to eliminate, prevent, or mitigate the Critical Exposure Pathway(s) as part of the Comprehensive Remedial Alternative; or4. mitigation of Critical Exposure Pathway(s) is continuing by incorporation of ongoing response actions to address the Critical Exposure Pathway(s) into the Phase IV Remedy Implementation Plan for the disposal site.(2) Except as specified in 310 CMR 40.0427(3), an Immediate Response Action Completion Report shall be submitted to the Department within 60 days of completion of all assessment, containment and/or removal actions conducted as part of the Immediate Response Action.(3) An Immediate Response Action Completion Report shall not be required for sites where a Permanent Solution Statement, as described in 310 CMR 40.1000, is submitted to the Department by an RP, PRP, or Other Person within 120 days of first informing the Department of the need to conduct an Immediate Response Action at the site, as specified in 310 CMR 40.0420(3).(4) Immediate Response Action Completion Reports shall contain, at a minimum, the following: (a) a description of the release or threat of release, site conditions and surrounding receptors;(b) a description of the work completed, including work undertaken in response to any conditions of approval imposed by the Department, and any work undertaken at the site that was not included in the scope of the Immediate Response Action Plan, where submitted;(c) all investigatory and monitoring data obtained during the implementation of the Immediate Response Action;(d) a succinct statement on the findings and conclusions of the Immediate Response Action;(e) details and documentation on the management of any Remediation Waste, Remedial Wastewater and/or Remedial Additives managed at the site as part of the Immediate Response Action;(f) a description of any ongoing activities related to the Immediate Response Action that will be conducted at the site, including monitoring activities, security measures and the maintenance of fences, caps and other passive systems; and(g) a description of any ongoing activities related to the Immediate Response Action that will be conducted at the site as part of Comprehensive Response Actions.(5) Immediate Response Action Completion Reports shall be submitted to the Department appended to a Completion Statement form established by the Department for such purposes. The Completion Statement form shall contain: (a) except as exempted pursuant to 310 CMR 40.0411(2), an LSP Opinion on whether the Immediate Response Action was conducted in accordance with 310 CMR 40.0410, any approval conditions specified by the Department, and, where submitted, the Immediate Response Action Plan(s); and(b) the certification of the submittal required by 310 CMR 40.0009.(6) Except as provided in 310 CMR 40.0427(7), an Immediate Response Action shall not be considered complete until all stockpiled/stored Remediation Waste generated as a result of the Immediate Response Action is removed from the site pursuant to the provisions of 310 CMR 40.0030.(7) Remediation Waste may be stored, treated, managed, disposed, recycled or reused at a site following the submission to the Department of an Immediate Response Action Completion Report and Completion Statement only if: (a) such actions are conducted in conformance with the provisions of 310 CMR 40.0030; and(b) a Release Abatement Measure Plan pursuant to the provisions of 310 CMR 40.0440 or a Remedy Implementation Plan pursuant to the provisions of 310 CMR 40.0870 is submitted to the Department as an attachment to the Immediate Response Action Completion Statement.(8) Unless otherwise directed by the Department, Immediate Response Action Completion Reports shall not require approval from the Department.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.