Section 40.1067 - Remedial Actions After a Response Action Outcome has been Submitted to the Department(1) 310 CMR 40.1067 applies to remedial actions conducted at a disposal site after a Permanent Solution Statement has been submitted to the Department.(2) Nothing in 310 CMR 40.1067 shall affect any person's duty to notify the Department of a release(s) or threat of release(s) in accordance with M.G.L. c. 21E, and 310 CMR 40.0000 or limit the Department's authority to establish site-specific requirements for response actions, including response actions to address a violation(s) or deficiency(ies).(3) When remedial actions are conducted after the submittal of a Permanent Solution Statement at a disposal site pursuant to 310 CMR 40.1067, Remediation Waste shall be managed in accordance with the provisions of 310 CMR 40.0030 and Remedial Wastewater shall be managed in accordance with the provisions of 310 CMR 40.0040.(4) For remedial actions conducted after the submittal of a Permanent Solution with No Conditions the following requirements shall apply:(a) a Tier Classification or Extension thereof is not required;(b) unless otherwise specified by the Department, no documentation, including a revised Permanent Solution Statement, is required to be maintained by the person conducting response actions or submitted to the Department, but may be maintained or submitted voluntarily; and(c) unless otherwise specified by the Department, public involvement activities pursuant to 310 CMR 40.1400 are not required.(5) For remedial actions conducted within an area subject to an Activity and Use Limitation or which have the potential to affect an area subject to an Activity and Use Limitation after the submittal of a Permanent Solution with Conditions to the Department, the following requirements shall apply:(a) Limited soil excavation may be undertaken without the need to notify the Department and public involvement activities pursuant to 310 CMR 40.1400 are not required, provided: 1. such soil excavation is not prohibited by the Activity and Use Limitation; and2. except as provided in 310 CMR 40.1067(5)(b), such soil excavation does not result in the excavation of more than 100 cubic yards of Remediation Waste contaminated solely by oil or waste oil, or 20 cubic yards of Remediation Waste contaminated by hazardous material or mixture of oil or waste oil and hazardous material;(b) Remedial actions that either exceed the scope of the limited soil excavation activities outlined in 310 CMR 40.1067(5)(a), or are being conducted to allow a change in Site Activities and Uses pursuant to 310 CMR 40.1080, shall be conducted as Release Abatement Measures, provided such remedial actions do not exceed the scope of a Release Abatement Measure as described in 310 CMR 40.0442. Such remedial actions shall not require a Tier Classification or Extension thereof, provided: 1. such remedial actions are conducted in accordance with the requirements set forth in 310 CMR 40.0440, including requirements at 40.0442 that limit the scope of Release Abatement Measures, all requirements for submittal of Plans, Status Reports, and Completion Statements;2. notice to local officials is provided as specified in 310 CMR 40.1403(3); and3. if such remedial actions are being conducted to allow a change in Site Use and/or Activities, the requirements in 310 CMR 40.1080 are met;(c) Remedial actions that exceed the scope of a Release Abatement Measure as described in 310 CMR 40.0442 shall be conducted as a Phase IV Comprehensive Remedial Action, as specified at 310 CMR 40.0870, provided: 1. such remedial actions are conducted under a valid Tier Classification or Extension thereof;2. public involvement applicable to Phase IV Comprehensive Remedial Action is conducted; and3. if such remedial actions are being conducted to allow a change in Site Use and Activities, the requirements in 310 CMR 40.1080 are met;(d) A revised Permanent Solution Statement shall be submitted upon completion of remedial actions when the terms and conditions of an Activity and Use Limitation are changed through an amendment, termination, or partial termination in accordance with 310 CMR 40.1080 and 40.1081. A revised Permanent Solution Statement, whenever submitted, may be limited to the area in which the response actions were conducted.(6) For remedial actions conducted after a Permanent Solution with Conditions Statement has been submitted to the Department where an Activity and Use Limitation is not required pursuant to 310 CMR 40.1013, or where such remedial actions are being conducted outside an area subject to an Activity and Use Limitation and will not potentially affect the area subject to an Activity and Use Limitation, the following requirements shall apply: (a) Limited soil excavation may be undertaken without the need to notify the Department or conduct public involvement activities pursuant to 310 CMR 40.1400. Except as provided in 310 CMR 40.1067(6)(b), such soil excavation shall not result in the excavation of more than 100 cubic yards of Remediation Waste contaminated solely by oil or waste oil, or 20 cubic yards of Remediation Waste contaminated by hazardous material or mixture of oil or waste oil and hazardous material;(b) Remedial actions that exceed the scope of the limited soil excavation activities outlined in 310 CMR 40.1067(6)(a) shall be conducted as Release Abatement Measures and shall not require a Tier Classification or Extension thereof, provided: 1. such remedial actions are conducted in accordance with the requirements set forth in 310 CMR 40.0440, including requirements at 310 CMR 40.0442 that limit the scope of Release Abatement Measures; and2. notice to local officials is provided as specified in 310 CMR 40.1403(3); (c) Remedial actions that exceed the scope of a Release Abatement Measure as described in 310 CMR 40.0442 shall be conducted as a Phase IV Comprehensive Remedial Action, as specified at 310 CMR 40.0870, provided: 1. such remedial actions are conducted under a valid Tier Classification or Extension thereof; and2. public involvement applicable to Phase IV Comprehensive Remedial Action is conducted;(d) A revised Permanent Solution Statement shall be submitted upon completion of remedial actions where such remedial actions result in the elimination of one or more of the conditions associated with the Permanent Solution with Conditions specified in 310 CMR 40.1013. A revised Permanent Solution Statement, whenever submitted, may be limited to the area in which the response actions were conducted;(e) Notwithstanding the provisions of 310 CMR 40.1067(6), where a Permanent Solution with Conditions Statement has been submitted based upon assumptions pursuant to 310 CMR 40.1013(1)(d), future construction of a building that results in exposure to OHM from the disposal site in indoor air in the new building shall be subject to notification requirements of 310 CMR 40.0300 and, if necessary, the performance of response actions to ensure that the requirements of a Permanent Solution are met for the change in conditions and exposure that resulted from the building construction.(7) At disposal sites where an Engineered Barrier has been implemented as part of a Permanent Solution with Conditions, remedial actions conducted after a Permanent Solution with Conditions Statement has been submitted to the Department:(a) that are in, affect the integrity of, or affect the area where an Engineered Barrier is located:1. shall be conducted under a valid Tier Classification, or Extension thereof;2. shall be conducted as a Phase IV Comprehensive Remedial Action, as specified at 310 CMR 40.0870; and3. shall include public involvement applicable to Phase IV Comprehensive Remedial Actions;(b) that are outside of and do not affect the integrity of the Engineered Barrier or the area where an Engineered Barrier is located, shall be conducted pursuant to 310 CMR 40.1067(5) or 310 CMR 40.1067(6), as applicable.(8) The Department may specify in a Notice of Audit Findings that remedial actions are necessary at a disposal site after a Permanent Solution Statement has been submitted to the Department pursuant to 310 CMR 40.1067. Notwithstanding the provisions of 310 CMR 40.1067 to the contrary, all remedial actions conducted in response to a Notice of Audit Findings pursuant to 310 CMR 40.1067 shall be documented in the Post-Audit Completion Statement as described at 310 CMR 40.1170.(9) Notwithstanding 310 CMR 40.1067, remedial actions initiated as a URAM that include an area for which a Permanent Solution with Conditions has been submitted to the Department and are consistent with the scope of activities under 310 CMR 40.1067(5)(b) or 310 CMR 40.1067(6)(b), may proceed as a URAM, provided such remedial actions are conducted in compliance with the requirements of 310 CMR 40.1067(5) or (6), as applicable. No rights to undertake actions beyond those rights otherwise possessed by persons undertaking such actions are created by this provision.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.Amended by Mass Register Issue 1519, eff. 4/12/2024.