General Requirements for Conducting Response Actions

(1) For each release or threat of release of oil and/or hazardous materials at a disposal site, one or more Permanent Solutions to the extent feasible shall be implemented by the applicable deadline to achieve a level of No Significant Risk. No disposal site shall be deemed to have had all the necessary and required response actions taken for such site unless and until a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and 310 CMR 40.0000. (2) Permanent Solutions shall be implemented if: (a) a level of No Significant Risk does not yet exist at the disposal site; (b) Permanent Solutions are feasible; and (c) immediate implementation of one or more Permanent Solutions would be more cost- effective than phased implementation of Temporary Solutions and Permanent Solutions. (3) At each disposal site, unless a level of No Significant Risk already exists or one or more Permanent Solutions is feasible and immediate implementation of such Permanent Solutions would be more cost-effective than phased implementation of Temporary Solutions and Permanent Solutions, one or more Temporary Solutions shall be implemented to the extent feasible by the applicable deadline. Such solutions shall eliminate any substantial hazard to health, safety, public welfare or the environment which is presented by the disposal site or by any oil and/or hazardous materials at or from the disposal site in the environment. (4) If appropriate, Permanent Solutions or Temporary Solutions may be implemented on portions of a disposal site. (5) Where feasible, implementation of a Permanent Solution shall include a measure or measures designed to reduce to the extent possible the level of oil and/or hazardous materials in the environment to background. (6) In determining whether a Permanent Solution will achieve a level of No Significant Risk during any foreseeable period of time, the criteria and standards set forth in 310 CMR 40.0900 and any current or reasonably foreseeable uses of the site and the surrounding environment that may be affected by oil and/or hazardous materials at the site or in the surrounding environment shall be considered. 40.0190: continued (7) RPs, PRPs and Other Persons shall employ or engage persons having the appropriate training, and as required, currently valid licenses or certifications to conduct a response action at a disposal site.