Section 40.0997 - The Presence of Visible Coal Tar Waste Deposits(1) At disposal sites where there is a presence of visible coal tar waste deposits, the characterization of risk of harm to public welfare and the environment for current and future conditions shall include an assessment of the accessibility of such deposits pursuant to 310 CMR 40.0997(2) and (3).(2) No Significant Risk of harm to public welfare and the environment exists or has been achieved for current conditions at the disposal site, but not for future conditions, if:(a) a finding of No Significant Risk of harm to public welfare and the environment for current conditions has been made for the disposal site pursuant to 310 CMR 40.0994 and 310 CMR 40.0995, respectively;(b) any visible coal tar waste deposit is located:1. at a depth equal to or greater than three feet below the ground surface; or2. at a depth less than three feet from the ground surface in an area completely covered by pavement, cap or barrier to exposure.(3) No Significant Risk of harm to public welfare and the environment exists or has been achieved for both current and future conditions at the disposal site if: (a) a finding of No Significant Risk of harm for the disposal site to public welfare and the environment for both current and future conditions has been made pursuant to 310 CMR 40.0994 and 310 CMR 40.0995, respectively;(b) the visible coal tar waste deposit is located either:1. at a depth greater than 15 feet from the ground surface; or2. beneath an Engineered Barrier implemented pursuant to the requirements at 310 CMR 40.0998; and(c) an Activity and Use Limitation is implemented as required in 310 CMR 40.1012(2).(4) For the purposes of 310 CMR 40.0997(2) and (3), where the visible coal tar waste deposit is located beneath a building, the ground surface shall begin at the surface of the soil immediately below the building.Adopted by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.