310 CMR, § 40.0960

Current through Register 1536, December 6, 2024
Section 40.0960 - Characterization of Risk to Safety
(1) The risk of harm to safety shall be characterized based on the data collected pursuant to the response action being performed and the site, receptor, and exposure information identified in 310 CMR 40.0904 through 310 CMR 40.0933.
(2) The risk of harm to safety shall be characterized by comparing current and reasonably foreseeable conditions at the disposal site and in the surrounding environment to applicable or suitably analogous safety standards.
(3) A level of no significant risk to safety exists or has been achieved if the conditions at the disposal site which are related to a release of oil and/or hazardous material do not currently and will not in the foreseeable future pose a threat of physical harm or bodily injury to people. Such release-related conditions may include, but are not limited to:
(a) the presence of rusted or corroded drums or containers, open pits, lagoons or other dangerous structures;
(b) any threat of fire or explosion, including the presence of explosive vapors resulting from a release of oil and/or hazardous material; and
(c) any uncontained materials which exhibit the characteristics of corrosivity, reactivity or flammability described at 310 CMR 40.0347.
(4) The documentation of the Risk Characterization shall clearly state whether or not a condition of no significant risk of harm to safety exists or has been achieved at the disposal site.

310 CMR, § 40.0960

Amended by Mass Register Issue 1407, eff. 12/27/2019.
Amended by Mass Register Issue 1503, eff. 3/1/2024.
Amended by Mass Register Issue S1516, eff. 3/1/2024.