Landfill Assessment Requirements

(1) Applicability. (a) General. An assessment shall consist of all activities, as determined by the Department, required to identify the existence, source, nature and extent of pollution or threat of pollution, the extent of the adverse impact from any pollution and the feasible cost-effective alternatives available to correct or reduce the impacts of pollution. This shall include, but is not limited to, the identification and evaluation of all potential and actual migration pathways and receptors including the determination of exposure point concentrations. (b) When an Assessment is Required. A landfill assessment shall be conducted: 1. when required by the Department pursuant to 310 CMR 19.132(2)(j); 2. when required by the Department pursuant to 310 CMR 19.132(5) when explosive gases exceed concentrations as specified in 310 CMR 19.132(5) or landfill gases present a threat of pollution as specified in 310 CMR 19.132(5); 3. where a secondary leachate collection system or leak detection system exists at the landfill, the quantity of leachate detected in the secondary leachate collection system or leak detection system exceeds the design leakage, as specified in 310 CMR 19.132(3); 4. prior to final closure of the landfill as specified in 310 CMR 19.140(3); or 5. such other time as the Department determines that a landfill or dumping ground presents a threat to public health, safety or the environment. (2) Department Determinations. Upon submittal of an Assessment or Corrective Action Alternatives Analysis, the Department shall make one of the following determinations: (a) The Assessment or Corrective Action Alternatives Analysis is approved. The Department may impose terms and conditions on its approval, including a schedule and sequence for submission of further data and implementation of the response actions; or (b) The Assessment or Corrective Action Alternatives Analysis is incomplete, inadequate or inconsistent with 310 CMR 19.000 or other applicable laws or regulations and further activities are required. (3) Assessment Process. An assessment shall be conducted in three phases: initial site assessment; comprehensive site assessment; and corrective action alternatives analysis. At the end of each phase, based on the results of the analyses provided in accordance with approved plans, the Department shall determine if a subsequent phase shall be conducted and specify the scope of work. The Department may consider such factors as the potential threat to public health and the environment, costs and benefits of further study, comparative implementation and maintenance costs and other relevant factors in making its determination on subsequent phases of assessment or corrective action. (4) Initial Site Assessment. (a) General. The owner or operator shall obtain and submit such data as the Department determines is necessary to adequately describe the physical characteristics of the landfill and the surrounding environment, document the operational history of the landfill, and develop the scope for the comprehensive site assessment. (b) Content of Initial Assessment. The initial site assessment shall consist of a number of site-specific tasks as determined by the Department. (5) Comprehensive Site Assessment. (a) General. The owner or operator shall obtain and submit such data as the Department determines is necessary to characterize the impact of the landfill on public health, safety and the surrounding environment and develop the scope for any further study. (b) Content of Comprehensive Assessment. The comprehensive assessment shall consist of a number of site-specific tasks as determined by the Department. (6) Corrective Action Alternatives Analysis. (a) General. The Corrective Action Alternatives Analysis shall analyze options for corrective actions to eliminate or mitigate the potential adverse impact caused by conditions at the facility and to complete final closure in accordance with 310 CMR 19.140: Landfill Closure Requirements. In considering an alternative for corrective action, the owner or operator shall consider those actions that are necessary to comply with the provisions of 310 CMR 40.0114 and to minimize to the extent feasible the potential for adverse future impacts from the landfill. (b) Content of Alternatives Analysis. A corrective action alternatives analysis shall consist of the following three components: 1. Corrective Action Objectives. 310 CMR 19.150(6) shall identify the environmental and public health impacts of the landfill. The analysis shall include at a minimum the specific objectives each alternative is intended to achieve and the means that may be employed to achieve those objectives. 2. Alternatives Analysis. 310 CMR 19.150(6) shall present and analyze at least two options for site corrective action, one of which shall consist of a no-action alternative. At a minimum, each option's likely effectiveness in achieving the corrective action objectives outlined in 310 CMR 19.150(6)(b)1., its overall cost, and implementability must be considered. 3. Recommended Option. 310 CMR 19.150(6) shall specify which of the options discussed in the alternatives analysis is recommended. The owner or operator shall provide a detailed justification for recommending a particular option above the others considered. (7) Assessment Schedule. Except as may be allowed pursuant to 310 CMR 19.150(7)(d), the following schedule shall be adhered to in conducting the above three phases of site assessment. (a) The Initial Site Assessment shall be initiated within 30 days of notification by the Department of the need to conduct the Initial Site Assessment. The initial Site Assessment shall be completed in accordance with the schedule established by the Department. (b) A scope of work for the Comprehensive Site Assessment shall be developed and submitted to the Department for approval within 30 days of completion of the Initial Site Assessment, unless the Department determines, pursuant to 310 CMR 19.150(2), that a Comprehensive Site Assessment is not required. The Comprehensive Site Assessment shall be initiated within 30 days of the Department's approval of the scope of work and completed in accordance with the schedule established by the Department. (c) A scope of work for the Corrective Action Alternatives Analysis shall be developed and submitted to the Department for approval within 90 days of the completion of the final round of environmental sampling at the landfill, unless the Department determines, pursuant to 310 CMR 19.150(2), that a Corrective Action Alternatives Analysis is not required. The Corrective Action Alternatives Analysis shall be initiated within 60 days of the Department's approval of the scope of work and completed in accordance with the schedule established by the Department. (d) The Department may modify, in writing, the time periods of the assessment schedule for a public body which owns and operates its landfill to comply with the laws governing public finance and public bidding where the public body establishes that no funds are available to conduct those assessment activities within the regulatory time frames. (8) Applicability of M.G.L. c. 21E. Nothing in 310 CMR 19.150 shall limit or restrict the Department from exercising its authority in accordance with the provisions of M.G.L. c. 21E and 310 CMR 40.000.