Conducting Utility-related Abatement Measures

(1) Except as provided in 310 CMR 40.0462(3), Utility-related Abatement Measures shall not be undertaken by a person performing construction activities until after that person has notified the Department orally of: (a) any release or threat of release of oil and/or hazardous material at the construction site for which notification to the Department by any person is required under the provisions of 310 CMR 40.0315; (b) their intentions to conduct a Utility-related Abatement Measure in compliance with all applicable requirements of 310 CMR 40.0460; and (c) the name and license number of the Licensed Site Professional who has been engaged or employed by the person conducting the Utility-related Abatement Measure. (2) Persons providing oral notification to the Department pursuant to 310 CMR 40.0462(1) shall submit written confirmation of such notice to the Department within seven days, using a transmittal form established by the Department for such purposes. Such confirmation shall include submittal of a Release Notification Form as described in 310 CMR 40.0371, in cases where the person conducting the Utility-related Abatement Measure is also a person required to notify pursuant to the provisions of 310 CMR 40.0331. (3) Notwithstanding the provisions of 310 CMR 40.0462(1), notification to the Department of releases that require notification pursuant to 310 CMR 40.0315 shall not be required prior to the initiation of Utility-related Abatement Measures in cases where emergency actions are being undertaken to repair a damaged or defective utility installation. In such cases, notification shall be provided to the Department as soon as possible thereafter, and within 72 hours of conducting the Utility-related Abatement Measure. (4) Notwithstanding any other provisions of 310 CMR 40.0460 or 310 CMR 40.0030, persons conducting Utility-related Abatement Measures shall not be required to engage or employ a Licensed Site Professional for conducting Utility-related Abatement Measures that are limited to the excavation and/or handling of: (a) not more than 100 cubic yards (cumulative, for any site) of soil contaminated solely by a release of oil or waste oil at concentrations equal to or greater than an applicable Reportable Concentration; or (b) not more than 20 cubic yards (cumulative, for any site) of soil contaminated by a release of hazardous material or a mixture of hazardous material and oil or waste oil at concentrations equal to or greater than an applicable Reportable Concentration. (5) Contaminated soil removed from a construction site under the provisions of 310 CMR 40.0462(4) shall be managed in compliance with all applicable provisions of 310 CMR 40.0030, excluding 310 CMR 40.0034(4)(a). 40.0462: continued (6) If the on-site temporary storage of Remediation Waste is precluded due to public safety or traffic concerns, such Remediation Waste may be temporarily stored at another location owned or operated by the RP, PRP or Other Person conducting the Utility-related Abatement Measure, or at a facility permitted, licensed or approved to accept such materials, provided such Remediation Waste is returned to the original site of generation for backfilling or on-site treatment within 14 days of its removal from the site, and is otherwise managed in accordance with the applicable provisions of 310 CMR 40.0460 and 40.0030. (7) Except for those emergency repairs that occur during non-business hours, Utility-related Abatement Measures shall not be undertaken on any property until a reasonable attempt is made to notify the owner of the property of the discovery of contamination and of the scope and detail of the proposed response action. In the event of emergency repairs, the owner of the property in question shall be notified as soon as possible thereafter. Notwithstanding the foregoing, no rights to undertake any actions beyond those rights otherwise possessed by persons undertaking such actions are created by this provision.