Section 40.0443 - Approvals Required to Conduct Release Abatement Measures(1) A Release Abatement Measure shall not be conducted at any disposal site until a complete Release Abatement Measure Plan, as described in 310 CMR 40.0444, has been received by the Department. A Release Abatement Measure Plan shall not be considered complete until all information described in 310 CMR 40.0444 is received in the appropriate DEP regional office, accompanied by a certification of payment, in cases where a fee is specified pursuant to 310 CMR 4.00: Timely Action Schedule and Fee Provisions.(2) Subsequent to the receipt by the Department of a complete RAM Plan, except as otherwise specified by the Department in writing or as specified at 310 CMR 40.0046(3) for the portion of such RAM Plans related to the application of Remedial Additives near sensitive receptors, approval shall not be required from the Department to conduct the Release Abatement Measure. Exemption from the need to obtain approval from the Department in these cases shall not relieve RPs, PRPs, or Other Persons of their obligation to submit to the Department all required Release Abatement Measure Plans, Status Reports and Completion Reports.(3) Any person implementing a Release Abatement Measure shall conform to all proposals and specifications contained in the Release Abatement Measure Plan, and any conditions specified by the Department.(4) A modified Release Abatement Measure Plan shall be submitted to the Department prior to implementing a modification of a Release Abatement Measure if:(a) contaminants or conditions are discovered that significantly increase the degree or change the type of exposure to nearby receptors; or(b) a significant change is proposed to on-site treatment processes. All other modifications may be implemented immediately and shall be documented with the next required response action submittal pursuant to 310 CMR 40.0440.
(5) Remedial actions specified in a Release Abatement Measure Plan shall be initiated by the RP, PRP or Other Person conducting response actions at a disposal site within one year from the date of the Department's receipt of a complete Release Abatement Measure Plan. Release Abatement Measure Plans not initiated in this manner shall be considered invalid and unapproved.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.