Purpose, Content, and Implementation of Contingency Plan

(1) Each owner or operator shall have a contingency plan for each facility. The contingency plan shall be designed to prevent and to minimize hazards to public health, safety, or welfare or the environment from fires, explosions, spills or any other unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface water, or ground water. (2) The provisions of the contingency plan shall be carried out immediately whenever there is a potential for, or there actually is, a fire, explosion, or other release of hazardous waste or waste constituents which could threaten public health, safety, or welfare, or the environment. (3) The contingency plan shall contain a clear outline of the lines of communication among facility personnel and shall describe the actions facility personnel shall take to comply with 310 CMR 30.521(1) and (2), and the equipment to be used and the actions to be taken to comply with 310 CMR 30.524(6), in response to potential or actual fires, explosions, or any other unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface water or ground water. (4) If the owner or operator has already prepared a Spill Prevention, Control, and Counter­ measures (SPCC) Plan in compliance with 40 CFR Part 112 or Part 151, or some other emergency or contingency plan, the owner or operator need only add to that plan whatever is necessary to comply with 310 CMR 30.521. (5) The owner or operator shall make every reasonable attempt to make the following arrangements, as appropriate for the type of hazardous waste handled at the facility and the potential need for the services of the organizations referred to below, and the contingency plan shall describe all of the said arrangements: (a) Arrangements to familiarize police departments, fire departments, local boards of health and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility, hazards associated with such wastes, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes. (b) If more than one police department and/or fire department might respond to an emergency, agreements designating the specific police department and/or specific fire department which shall have primary emergency authority, and agreements with any other police department(s) and/or fire department(s) to provide support to whoever has primary emergency authority; (c) Agreements with State emergency response teams, emergency response contractors, local boards of health, and equipment suppliers. (d) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or other releases at the facility. (6) If any organization referred to in 310 CMR 30.521(5) refuses to enter into an arrangement listed therein, the owner or operator shall document the refusal in the facility's operating record and contingency plan and shall promptly so inform the Department. (7) Each facility shall at all times have an emergency coordinator either on the facility premises, or, to the extent the facility's operations make this option appropriate, on call and available to respond to an emergency by reaching the facility within one hour. The emergency coordinator shall have the responsibilityfor coordinating all emergencyresponse measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. The coordinator shall have access to all parts of the facility. In addition, this individual shall have the authority to spend or use whatever is necessary to carry out the contingency plan. (8) The contingency plan shall list the names, addresses, and the office and home telephone numbers of all individuals qualified to act as emergency coordinator, and this list shall be kept up-to-date. If more than one individual is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. For new facilities, this information shall be initially supplied to the Department at the time of license application. All facilities shall promptly notify the Department and the organizations listed in 310 CMR 30.521(5)(a) of any change in this information. (9) The contingency plan shall include a list of all emergency equipment, including emergency medical equipment, to be kept and maintained at the facility. This list shall be kept up-to-date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities. (10) The plan shall include a description of procedures, structures, or equipment used at the facility to: (a) Prevent uncontrolled reaction of incompatible wastes; for example, procedures to avoid fires, explosions, or toxic gases; (b) Prevent hazards in unloading operations; for example, ramps, special fork lifts, emergency containment equipment; (c) Prevent run-off from hazardous waste handling areas to other areas of the facility or environment; (d) Prevent flooding; (e) Mitigate effects of equipment failure or power outages; (f) Prevent hazards to public health, safety, or welfare or the environment from fires, explosions, spills, or any other unplanned or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface water, or ground water; and (g) Prevent undue exposure of personnel to hazardous waste (e.g., protective clothing). (11) The plan shall include an evacuation plan for facility personnel if there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes in case the primary routes were to be blocked by potential or actual releases of hazardous waste or fires.