General Provisions for Utility-related Abatement Measures

(1) Except as provided in 310 CMR 40.0461(3), Utility-related Abatement Measures may be taken at sites where oil and/or hazardous material is present in the soil or groundwater at levels equal to or greater than an applicable Reportable Concentration value listed at 310 CMR 40.0360 and 40.1600, by: (a) persons overseeing or directly responsible for utility construction activities; or (b) persons overseeing or directly responsible for site preparation work requested or required by a Public or Private Utility company or Public Authority prior to any utility construction activity. (2) Except as provided in 310 CMR 40.0461(7), Utility-related Abatement Measures may be taken on public rights of way, utility easements and private property, to respond to and properly manage contamination encountered during the installation, repair, replacement or decommissioning of: (a) sanitary sewerage, water, or drainage systems and related appurtenances; (b) steam lines; (c) natural gas pipelines and related appurtenances; and (d) above ground or underground electric, telephone, telecommunication cables or other conduits, and related appurtenances. (3) Utility-related Abatement Measures shall neither be initiated nor continued at a portion of a disposal site where a "Two Hour" or "72 Hour" release or threat of release has been identified, as described in 310 CMR 40.0311 through 40.0314, until such time as an Immediate Response Action Completion Report has been submitted to the Department. (4) Except as provided in 310 CMR 40.0462(4), persons conducting Utility-related Abatement Measures shall engage or employ a Licensed Site Professional as required by 310 CMR 40.0000. (5) Utility-related Abatement Measures: (a) shall be limited to only those assessment, containment or removal actions that are necessary for the completion of construction activities; (b) shall not prevent or impede the implementation of likely future response actions; and (c) shall not include the construction of residential, commercial, or industrial buildings. 40.0461: continued (6) Utility-related Abatement Measures shall be undertaken in conformance with all applicable procedures and requirements specified in 310 CMR 40.0460. (7) Utility-related Abatement Measures shall not be initiated at sites where the installation of new public utilities are proposed until sufficient evaluation has been made of the nature and extent of encountered and suspected contamination, the scope and expense of necessary mitigative actions, and benefits and limitations of project alternatives. (8) The Department may, at its discretion, require, undertake or order the initiation of any assessment or remedial actions deemed necessary at any construction site to prevent, abate or eliminate damage or the likelihood of damage to health, safety, public welfare or the environment. (9) Other Persons conducting Utility-related Abatement Measures who are not conducting other ongoing response actions at the disposal site are not required to meet Tier Classification deadlines or achieve a Permanent Solution provided such Utility-related Abatement Measures are conducted in accordance with 310 CMR 40.0460. In such cases, Other Persons shall comply with the notice and Status Report requirements as specified at 310 CMR 40.0170(9).