Section 40.0898 - Post-temporary Solution Status and Remedial Monitoring Reports(1) Post-temporary Solution Status Reports as described in 310 CMR 40.0898(2) shall be submitted to the Department as specified below: (a) for a disposal site with a Temporary Solution where Active Operation and Maintenance is ongoing (i.e., an Active Remedial System or Active Exposure Pathway Mitigation Measure is operating or an Active Remedial Monitoring Program is being conducted), a Post-temporary Solution Status Report shall be submitted to the Department six months from the receipt by the Department of the Temporary Solution Statement and every six months thereafter until Active Operation and Maintenance is ceased or a Permanent Solution is achieved;(b) except as provided at 310 CMR 40.0898(1)(c), for a disposal site with a Temporary Solution where Active Operation and Maintenance is not being conducted, a Post-temporary Solution Status Report shall be submitted to the Department with the Periodic Review of the Temporary Solution Opinion required pursuant to 310 CMR 40.1050(4)(b);(c) for a disposal site with a Temporary Solution where Active Operation and Maintenance is not being conducted, upon written notice by the Department, the Department may require a Post-temporary Solution Status Report at a greater frequency than every five years. The justification for such frequency shall be based on the Department's assessment of site conditions, including but not limited to the stability of disposal site conditions, current and foreseeable disposal site risk, and the progress being made toward a Permanent Solution;(d) in all cases, Post-temporary Solution Status Reports shall document activities occurring over the period of time since the submission to the Department of the Temporary Solution Statement or previously submitted Status Report, whichever occurred last; and(e) the submittal of Post-temporary Solution Status Reports at the frequency specified at 310 CMR 40.0898(a) through (c) shall have the effect of maintaining a Tier Classification or Tier Classification Extension obtained pursuant to 310 CMR 40.0560(7) for the duration that such Status Reports are submitted to the Department.(2) Post-temporary Solution Status Reports shall include, without limitation, the following: (a) a description of the status of response actions at the disposal site and type and frequency of operation, maintenance and/or monitoring activities conducted;(b) any significant new site information or data;(c) a description of any significant modifications of the operation, maintenance and/or monitoring program made since the submission of the preceding Status Report;(d) an evaluation of the performance of the remedial action during the period of time since the last Status Report, including whether the remedial action is achieving remedial goals specified in the applicable remedial action plan and a description of any conditions or problems noted during the period that are or may be affecting the performance of the remedial action;(e) a description of any measures taken to correct conditions which are affecting the performance of the remedial action; and(f) the name, license number, signature and seal of the LSP.(3) For a disposal site where Active Operation and Maintenance of a remedial action is being conducted, in addition to and/or in conjunction with the submittal of Post-temporary Solution Status Reports, a Remedial Monitoring Report shall be submitted to the Department on a form established by the Department for such purposes with the first Post-temporary Solution Status Report and every six months thereafter. In such cases where the Active Operation and Maintenance of a remedial action is not initiated until after the submittal of the first Post-temporary Solution Status Report, the Remedial Monitoring Report shall be submitted concurrently with the next Post-temporary Solution Status Report.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.