Section 40.1050 - Temporary Solutions(1) Temporary Solutions shall apply to disposal sites or portions of a disposal site where: (a) a condition of No Substantial Hazard exists and has been documented pursuant to 310 CMR 40.0956;(b) all Sources of OHM Contamination have been identified, characterized, and to the extent feasible, eliminated or controlled as specified in 310 CMR 40.1003(5)(a) and (c);(c) control of plumes of dissolved OHM in groundwater and vapor-phase OHM in the Vadose Zone has been achieved to the extent feasible as specified in 310 CMR 40.1003(6)(b);(d) NAPL, if present, has been addressed as specified in 310 CMR 40.1003(7)(b); and(e) it is concluded, after completion of a Phase III evaluation pursuant to 310 CMR 40.0850, that: 1. response actions to achieve a Permanent Solution are not currently feasible; or2. response actions to achieve a Permanent Solution are feasible and shall be continued toward a Permanent Solution.(2) Temporary Solutions may be achieved regardless of whether one or more remedial actions have been taken at a disposal site, but only after: (a) a Phase II Comprehensive Site Assessment and a Phase III Identification, Evaluation and Selection of Comprehensive Remedial Alternatives, as specified in 310 CMR 40.0830 and 310 CMR 40.0850, respectively, have been completed; or(b) a Downgradient Property Status Submittal has been provided to the Department in accordance with 310 CMR 40.0180.(3) A Temporary Solution may be reached:(a) after completion of a Phase III evaluation pursuant to 310 CMR 40.0850;(b) after implementation of a Phase IV Comprehensive Remedial Alternative pursuant to 310 CMR 40.0870; or(c) after implementation of Phase V operation, maintenance and/or monitoring pursuant to 310 CMR 40.0890.(4) For all Temporary Solutions where achievement of a Permanent Solution is not currently feasible as described at 310 CMR 40.1050(1)(e) 1., except those achieved after a Downgradient Property Status Submittal has been provided to the Department in accordance with 310 CMR 40.0180: (a) a copy of the plan as specified in 310 CMR 40.0861(2)(h) that presents definitive and enterprising steps to be taken toward achieving a Permanent Solution at the disposal site or portion of a disposal site shall be submitted with the Temporary Solution Statement and as part of any Periodic Review of the Temporary Solution as specified at 310 CMR 40.1050(4)(b); and(b) a Periodic Review of the Temporary Solution shall be conducted every fifth year after the date of filing the Temporary Solution Statement, until such time that a Permanent Solution Statement is submitted. Such Periodic Review Opinion shall address the following:1. the effectiveness of the Temporary Solution(s), including confirmation that a condition of No Substantial Hazard has been maintained;2. the scope and effectiveness of any remedial actions taken since the submittal of the Temporary Solution Statement or the most recent Periodic Review of a Temporary Solution, if applicable;3. the definitive and/or enterprising steps pursuant to 310 CMR 40.0861(2)(h) taken since the submittal of the Temporary Solution Statement or the most recent Periodic Review of a Temporary Solution, if applicable, and planned for future to identify, develop and implement a feasible Permanent Solution at the site;4. the feasibility of implementing one or more Permanent Solutions for the disposal site or portion(s) of the disposal site pursuant to 310 CMR 40.0860 at the time of the Periodic Review, and if a Permanent Solution is feasible, the projected schedule for achieving it;5. any changes in activities, uses and/or exposures that may cause an actual or potential increase in exposure for human or environmental receptors to oil and/or hazardous material;6. if applicable, an evaluation of any Activity and Use Limitation implemented as part of the Temporary Solution, including compliance with the terms of the Activity and Use Limitation, its effectiveness in maintaining a condition of No Substantial Hazard, and identification of any response actions necessary to maintain a condition of No Substantial Hazard;7. any necessary and required response actions to maintain the Temporary Solution, including a description of the type and frequency of monitoring to be conducted and any contingencies for ensuring the effectiveness of the Temporary Solution during the period prior to the next Periodic Review; and8. the certification required in 310 CMR 40.0009; and(c) a valid Tier Classification or Extension thereof shall be in effect at the time the Temporary Solution Statement is submitted to the Department and until the time a Permanent Solution Statement is submitted to the Department; the submittal of the Periodic Review of the Temporary Solution and Post-temporary Solution Status Report, as specified pursuant to 310 CMR 40.0898(1)(e), shall have the effect of maintaining a Tier Classification or Extension and further Comprehensive Response Actions shall be conducted in accordance with 310 CMR 40.0800.(5) For all Temporary Solutions where achievement of a Permanent Solution is feasible and response actions toward a Permanent Solution are continuing as described in 310 CMR 40.1050(1)(e)2., except those achieved after a Downgradient Property Status Submittal has been provided to the Department in accordance with 310 CMR 40.0180: (a) a copy of the plan as specified in 310 CMR 40.0861(2)(h) that presents definitive and enterprising steps to be taken toward achieving a Permanent Solution at the disposal site or portion of a disposal site shall be submitted with the Temporary Solution Statement; and(b) a valid Tier Classification or Extension thereof shall be in effect at the time the Temporary Solution Statement is submitted to the Department and until the time a Permanent Solution Statement is submitted to the Department; pursuant to 310 CMR 40.0898(1)(e)., the submittal of Post-temporary Solution Status Reports shall have the effect of maintaining a Tier Classification or Extension and further Comprehensive Response Actions shall be conducted in accordance with 310 CMR 40.0800.(6) Release Abatement Measures pursuant to 310 CMR 40.0440 may be conducted at disposal sites where a Temporary Solution has been achieved.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.