Section 40.0893 - Remedy Operation Status(1)Applicability. Remedy Operation Status applies to disposal sites in Phase V where a Comprehensive Remedial Action that relies upon Active Operation and Maintenance of a remedial system, mitigation measure, remedial program or combination thereof and meets the requirements of 310 CMR 40.0893 is being conducted for the purpose of achieving a Permanent Solution.(2)Performance Standard for Remedy Operation Status. To achieve and maintain Remedy Operation Status for a disposal site: (a) Phase III and Phase IV Comprehensive Response Actions as described in 310 CMR 40.0850 and 40.0870, respectively, shall be completed;(b) the remedial system, mitigation measure, remedial program or combination thereof shall be adequately designed in accordance with 310 CMR 40.0870 to achieve a Permanent Solution;(c) the remedial system, mitigation measure, remedial program or combination thereof shall be operated and maintained in accordance with the requirements of 310 CMR 40.0890 and 310 CMR 40.0000 and any applicable permits, approvals or licenses;(d) each Source of OHM Contamination shall be eliminated or controlled in accordance with 310 CMR 40.1003(5)(a) and 310 CMR 40.1003(5)(c);(e) plumes of dissolved OHM in groundwater, and vapor-phase OHM in the Vadose Zone are stable or contracting or otherwise controlled or mitigated to the extent feasible;(f) any Substantial Hazard shall be eliminated;(g) where the remedy includes one or more Active Exposure Pathway Mitigation Measure(s), the requirements at 310 CMR 40.1026 are met; and(h) at a minimum, information and data on operation and maintenance or monitoring shall be documented and submitted to the Department in Status and Remedial Monitoring Reports at the frequency described in 310 CMR 40.0892.(3)Content of Submittal. Unless otherwise specified by the Department, Remedy Operation Status shall be effective upon submission of a completed Remedy Operation Status Submittal. A complete Submittal shall include: (a) a completed transmittal form established by the Department for such purposes;(b) a Remedy Operation Status Opinion prepared in accordance with 310 CMR 40.0015 that finds that each of the performance standards described in 310 CMR 40.0893(2) are met; and(c) the certification required by 310 CMR 40.0009.(4)Effect of Remedy Operation Status. At any site with Remedy Operation Status, the deadline to achieve a Permanent or Temporary Solution within five years of the effective date of a Tier Classification as described in 310 CMR 40.0560 shall not apply, and a Tier Classification Extension as described in 310 CMR 40.0560(7) shall not be required provided that the Remedy Operation Status is not terminated pursuant to 310 CMR 40.0893(6).(5)Transfer or Modification of Remedy Operation Status. Remedy Operation Status may be transferred to one or more person(s) who will assume responsibility for the ongoing operation of the Comprehensive Remedial Action under Remedy Operation Status or modified to add one or more persons to those persons conducting response actions under Remedy Operation Status. Unless otherwise specified by the Department, such transfer or modification shall take effect upon the submittal of the following to the Department: (a) a completed transmittal form established by the Department for such purpose;(b) the written consent of the RP, PRP or Other Person(s) that submitted the Remedy Operation Status submittal;(c) for each transferee or each person to be added to those persons conducting response actions, a statement detailing that person's history of compliance with the Department's requirements including, but not limited to, M.G.L. c. 21E, 310 CMR 40.0000 and other laws for the protection of health, safety, public welfare and the environment administered or enforced by the Department or other federal, state or local government agencies that are material to the disposal site;(d) in the case of a modification to add a person(s) to those persons conducting response actions or of more than one transferee, designation of a primary representative and a certification that he or she is fully authorized to act on behalf of the persons conducting response actions under Remedy Operation Status;(e) a statement as to why the transfer or modification is being sought; and(f) the certification required by 310 CMR 40.0009 for each person to be added to those conducting response actions.(6)Termination of Remedy Operation Status.(a) Remedy Operation Status shall terminate if:1. the person providing the Remedy Operation Status Opinion fails to meet the requirements of 310 CMR 40.0893(2). Mechanical failure of the system and/or the need to undertake substantial system modifications shall not terminate Remedy Operation Status if written notice is provided to the Department and the operation of the remedy is resumed in accordance with 310 CMR 40.0893(6)(b); or2. the person providing the Remedy Operation Status Opinion notifies the Department in accordance with 310 CMR 40.0893(6)(c) that such person intends to terminate Remedy Operation Status;(b) Any person conducting response actions at a disposal site with Remedy Operation Status who obtains knowledge that the criteria in 310 CMR 40.0893(2) are no longer being met, including knowledge of a mechanical failure and/or need to substantially modify the remedial system or program, shall provide written notice to the Department in the form of a Status Report within 30 days of obtaining such knowledge. Notice shall include plans and a timetable to correct failures and/or to implement modifications of the remedial system or program. Remedy Operation Status shall terminate unless the remedial system or program is operating in accordance with 310 CMR 40.0893(2) within 120 days of providing such written notice or within an Interim Deadline established by the Department and a Status Report is submitted to the Department that documents the resumed operation of the remedy within 120 days of the notice or the Interim Deadline, whichever is applicable;(c) Any person who intends to discontinue operation of the remedial system or program or, where applicable, an Active Exposure Pathway Mitigation Measure, on which the Remedy Operation Status is based and/or otherwise terminate Remedy Operation Status, shall provide written notice to the Department. Remedy Operation Status shall terminate upon the Department's receipt of such notice;(d) Notwithstanding 310 CMR 40.0893(6)(c), any person who intends to discontinue operation of the remedial system, program or Active Exposure Pathway Mitigation Measure on which the Remedy Operation Status is based in order to assess whether the remedial goals have been achieved and conditions remain stable over time may maintain Remedy Operation Status provided that he or she: 1. notifies the Department of the system shut down for the purpose of such evaluation and the plans for monitoring site conditions in the next required Status Report following system shut down;2. continues to submit Status Reports at the frequency required in 310 CMR 40.0892; and3. notifies the Department if operation of the system is resumed in the next required Status Report following resumed operation;(e) Any person conducting response actions at a disposal site where Remedy Operation Status has been terminated pursuant to 310 CMR 40.0893(6)(a) shall have two years from the date of the termination to achieve a Permanent or Temporary Solution. Response actions after the termination of Remedy Operation Status shall not be conducted without a valid Tier Classification or Extension thereof.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.