General Provisions for the Management of Remediation Waste

(1) RPs, PRPs and Other Persons undertaking response actions shall manage Remediation Waste in a manner that ensures the protection of health, safety, public welfare and the environment, and shall handle, store, transport, treat, recycle, reuse, dispose or discharge Remediation Waste in compliance with the provisions of 310 CMR 40.0030 and all other applicable federal, state, and local laws, regulations and bylaws. (2) RPs, PRPs and Other Persons conducting response actions shall consign, convey and/or transport Remediation Waste only to facilities and locations licensed, permitted, or approved to accept such materials by appropriate federal, state or local authorities. 40.0031: continued (3) Response actions involving Remediation Waste which are conducted within the boundaries of a disposal site in compliance with the provisions of 310 CMR 40.0000 shall be considered, for the purposes of 310 CMR 30.801(11), remedial actions initiated by the Department under the provisions of M.G.L. c. 21E, except for those response actions involving Uncontainerized Hazardous Waste for which the Department has made a determination, pursuant to 310 CMR 40.0033(5), to require compliance with all or part of 310 CMR 30.000: Hazardous Waste. Otherwise, a valid license issued pursuant to M.G.L. c. 21C, and 310 CMR 30.000: Hazardous Waste shall not be required to manage Remediation Waste within the boundaries of a disposal site, provided such Remediation Waste is managed in compliance with M.G.L. c. 21E, and 310 CMR 40.0000. (4) Response actions involving soil, groundwater, and Remediation Waste which are conducted in compliance with the provisions of 310 CMR 40.0032(3), 40.0034, and 40.0045(6) are deemed to be response actions conducted in compliance with the approval provisions of M.G.L. c. 21E for the purposes of 310 CMR 30.252(2). (5) Remediation Waste which meet the criteria defining a listed hazardous waste or which are themselves a characteristic hazardous waste shall be accumulated, treated, and stored or otherwise managed at a disposal site in a manner that achieves a level of control and protection equivalent to that provided by the technical and management requirements of 310 CMR 30.000: Hazardous Waste. (6) Remediation Waste, Containerized Waste and Uncontainerized Waste which meet the criteria defining a listed or characteristic hazardous waste shall, when transported from a disposal site, comply with the requirements of 310 CMR 30.000: Hazardous Waste. (7) All Remediation Waste shall be removed from a disposal site as soon as possible, and in all cases: (a) within 120 days of its initial excavation or collection, unless it is managed in accordance with an Immediate Response Action Plan, Release Abatement Measure Plan or Remedy Implementation Plan submitted to the Department within this 120-day timeframe that provides specific actions, schedule and procedures for on-site storage, treatment, reuse or recycling of such Remediation Waste; or (b) within 90 days of its initial excavation or collection if such Remediation Waste meets the criteria defining a listed or characteristic hazardous waste. (8) Remediation Waste shall be managed consistent with 310 CMR 40.0191(3) and: (a) shall not be mixed with environmental media that contains significantly lower concentrations of oil and/or hazardous materials, except for the addition of Remedial Additives or amendments to achieve specific remedial or geotechnical goals, not including dilution, and otherwise consistent with 310 CMR 40.0000; and (b) shall continue to be managed as Remediation Waste even if mixed with environmental media that are not Remediation Waste.