Releases Which Require Notification within 120 Days

Except as provided in 310 CMR 40.0317 or 310 CMR 40.0318, persons required to notify under 310 CMR 40.0331 shall notify the Department not more than 120 days after obtaining knowledge that a release meets one or more of the following sets of criteria: (1) a release to the environment indicated by the measurement of one or more hazardous materials in soil or groundwater in an amount equal to or greater than the applicable Reportable Concentration described in 310 CMR 40.0360 through 310 CMR 40.0369 and listed at 310 CMR 40.1600; (2) a release to the environment indicated by the measurement of oil and/or waste oil in soil in an amount equal to or greater than the applicable Reportable Concentration described in 310 CMR 40.0360 through 310 CMR 40.0369 and listed at 310 CMR 40.1600, where the total contiguous volume of the oil and/or waste oil contaminated soil is equal to or greater than two cubic yards; (3) a release to the environment indicated by the measurement of oil in groundwater in an amount equal to or greater than the applicable Reportable Concentration described in 310 CMR 40.0360 through 310 CMR 40.0369 and listed at 310 CMR 40.01600; or (4) a release to the environment indicated by the presence of a subsurface Nonaqueous Phase Liquid (NAPL) in a groundwater monitoring well, excavation, or other subsurface structure in which NAPL has come to be located at a measured thickness equal to or greater than 1/8 inch (0.01 feet), except where notification is otherwise required and has been made pursuant to 310 CMR 40.0313(1) or 310 CMR 40.0313(4)(f).