Section 40.1110 - Selection of Persons, Response Actions and Sites for Audit(1) The Department may conduct an audit of any RP, PRP, Other Person, response action or site in accordance with 310 CMR 40.1100. The Department selects persons, response actions and sites for audit randomly (Random Audits) and by criteria-specific methods (Targeted Audits).(2) Except as provided in 310 CMR 40.1110 (3) and (4), the Department may initiate an audit of any specific RP, PRP, Other Person, response action or site without any limitation as to time.(3) Except as provided in 310 CMR 40.1110(5), the Department shall not initiate a Random Audit with respect to any specific person, response action or site after two years has passed since the date of the Department's receipt of: (a) a Permanent Solution Statement; or(b) an LSP Evaluation Opinion stating that the requirements for a Permanent Solution have been achieved from such person and/or pertinent to such response action and/or site. Except as expressly provided by 310 CMR 40.1110, shall not be construed to limit the Department's authority to initiate a Targeted Audit of any person, response action or site.(4) Except as provided in 310 CMR 40.1110(5), the Department shall not initiate a Targeted Audit of any RP, PRP, Other Person, response action or site after five years has passed since the date of the Department's receipt of a Permanent Solution Statement from such person and/or pertinent to such response action and/or site, unless the Department has reason to believe that: (a) response actions taken at a site may have failed to achieve or maintain a level of No Significant Risk;(b) a significant risk of harm to health, safety, public welfare or the environment may exist at a site, or in the vicinity of a site, for which a Permanent Solution Statement has been submitted to the Department;(c) a response action has been taken at a site in noncompliance with M.G.L. c. 21E, 310 CMR 40.0000 or any other applicable requirement;(d) the Permanent Solution Statement has failed to identify material facts, data, or other information known by the LSP who rendered the Permanent Solution Statement or by the person who undertook response actions at a site;(e) the person responsible for undertaking response actions at a site has failed to fully respond to a Request for Information;(f) the activities, uses and/or exposures upon which a Permanent Solution Statement is based have changed to cause human or ecological exposure, or cause an increased potential for human or environmental exposure, to oil and/or hazardous material;(g) any person required by 310 CMR 40.0014 to retain documents pertinent to the Permanent Solution Statement has failed to do so;(h) any person required by 310 CMR 40.0800 to perform operation and maintenance and monitoring activities at the site has failed to do so;(i) any person undertaking, performing, managing, supervising or overseeing response actions at the site has engaged in a pattern of noncompliance, considering the criteria set forth in 310 CMR 5.13: Pattern of Noncompliance;(j) any person responsible for undertaking response actions at a disposal site has violated, suffered, allowed or caused any person to violate an Environmental Restriction; or(k) any change in activity, use and/or exposure upon which a Permanent Solution Statement is based occurred at a disposal site without an evaluation by an LSP in accordance with 310 CMR 40.1080 and without additional response actions, if necessary.(5) Notwithstanding any provision in 310 CMR 40.1110(3) or (4), the Department may initiate, at any time, a Random or Targeted Audit of any site subject to an Activity and Use Limitation. Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.