Solid Waste Management Facilities

(1) General. Response actions performed by persons other than the Department at Solid Waste Management Facilities permitted, approved or ordered by the Department pursuant to M.G.L. c. 21H, M.G.L. c. 111, § 150A, and/or 310 CMR 19.000: Solid Waste Management shall be deemed adequately regulated for purposes of 310 CMR 40.0000, provided the person undertaking such response actions does so in compliance with the terms and conditions of any such permit, order or approval and the following: (a) the general provisions in 310 CMR 40.0001 through 310 CMR 40.0099, except: 1. the requirements for LSP Opinions set forth in 310 CMR 40.0015; 2. the requirements for force majeure set forth in 310 CMR 40.0025; and 3. the provisions of 310 CMR 40.0050 with respect to permit decisions only; (b) the requirements and provisions in 310 CMR 40.0101 through 310 CMR 40.0199, except: 1. the general requirements for conducting response actions set forth in 310 CMR 40.0190; and 2. the provisions of 310 CMR 40.0193 applicable to technical justification; (c) the requirements and procedures in 310 CMR 40.0300 for notifying the Department of a release, threat of release and/or Imminent Hazard, except those releases for which 120-day notification is required by 310 CMR 40.0315; (d) the requirements and procedures in 310 CMR 40.0405 through 310 CMR 40.0429 applicable to Immediate Response Actions, except: for the following Conditions of Substantial Release Migration: 1. releases to the ground surface or to the vadose zone that, if not promptly removed or contained, are likely to significantly impact the underlying groundwater, or significantly exacerbate an existing condition of groundwater pollution; 2. releases to the groundwater that have migrated or are expected to migrate more than 200 feet per year; or 3. releases to the groundwater that have been or are within one year likely to be detected in a surface water body, wetland or public water supply reservoir; (e) the requirements and procedures in 310 CMR 40.0900 and 310 CMR 40.1000 applicable to Risk Characterization; provided however: 1. such requirements shall apply only to locations outside the boundary of a landfill permitted pursuant to 310 CMR 19.030 or outside the boundary of a landfill which has been closed in accordance with 310 CMR 19.140: Landfill Closure Requirements; 2. the requirements therein applicable to Permanent or Temporary Solution Statements shall not apply; and 3. the requirements therein shall not be deemed to preempt more stringent applicable federal or state standards; and (f) the requirements and procedures for Public Involvement Activities and Technical Assistance Grants in 310 CMR 40.1400 shall apply to the extent applicable and practicable as determined by the Department. (2) Notwithstanding any provision of 310 CMR 40.0000 to the contrary, no person undertaking response actions at a Solid Waste Management Facility which the Department deems adequately regulated by M.G.L. c. 21H, M.G.L. c. 111, § 150A, and 310 CMR 19.000: Solid Waste Management shall be required to engage or employ a Licensed Site Professional for purposes of having such professional render one or more LSP Opinions; provided however, that such person shall employ or engage an LSP for purposes of 310 CMR 40.0035(1)(h), unless otherwise approved by the Department. 40.0114: continued 1. releases to the ground surface or to the vadose zone that, if not promptly removed or contained, are likely to significantly impact the underlying groundwater, or significantly exacerbate an existing condition of groundwater pollution; 2. releases to the groundwater that have migrated or are expected to migrate more than 200 feet per year; or 3. releases to the groundwater that have been or are within one year likely to be detected in a surface water body, wetland, or public water supply reservoir; (e) the requirements and procedures in 310 CMR 40.0900 and 40.1000 applicable to Risk Characterization; provided, however: 1. such requirements shall apply only to locations outside the boundary of a landfill permitted pursuant to 310 CMR 19.020 or outside the boundary of a landfill which has been closed in accordance with 310 CMR 19.140: Landfill Closure Requirements; 2. the requirements therein applicable to Permanent or Temporary Solution Statements shall not apply; and 3. the requirements therein shall not be deemed to preempt more stringent applicable federal or state standards; and (f) the requirements and procedures for Public Involvement Activities and Technical Assistance Grants in 310 CMR 40.1400 shall apply to the extent applicable and practicable as determined by the Department. (2) Notwithstanding any provision of 310 CMR 40.0000 to the contrary, no person undertaking response actions at a Solid Waste Management Facility which the Department deems adequately regulated by M.G.L. c. 21H, M.G.L. c. 111, § 150A and 310 CMR 19.000: Solid Waste Management shall be required to engage or employ a Licensed Site Professional for purposes of having such professional render one or more LSP Opinions; provided, however, that such person shall employ or engage an LSP for purposes of 310 CMR 40.0035(1)(h), unless otherwise approved by the Department.