Except as provided in
310
CMR 40.0317 or
40.0332(7),
persons required to notify under
310
CMR 40.0331 shall notify the Department not
more than 72 hours after obtaining knowledge that a release of oil and/or
hazardous material(s) meets one or more of the following sets of
criteria:
(1) a release to the
environment indicated by the presence of Nonaqueous Phase Liquid (NAPL) in a
groundwater monitoring well, excavation, or subsurface structure in which NAPL
has come to be located at a measured thickness equal to or greater than C2 inch
(0.04 feet) at any location;
(2) a
release to the environment indicated by the presence of oil and/or hazardous
material within ten feet of the exterior wall of an Underground Storage Tank or
within ten feet of ancillary piping, as established by measurement of equal to
or greater than 100 parts-per-million (ppm) by volume of total organic vapors
"as benzene" in the headspace of a soil or groundwater sample using a headspace
screening method, and where such sample was obtained:
(a) greater than two feet below the ground
surface; and
(b) as part of a
closure assessment required pursuant to
310 CMR
80.00:
Underground Storage Tank
Systems and 40 CFR Parts
280 and
281, or in connection with the
removal or closure of any underground storage tank otherwise regulated by
M.G.L. c. 21O or M.G.L. c. 148;
(3) a release to the environment indicated by
the measurement of oil and/or hazardous material in the groundwater at
concentrations equal to or greater than a Category RCGW-1 Reportable
Concentration, as described in
310
CMR
40.0360 through
310
CMR
40.0369 and listed at
310
CMR
40.1600, within:
(a) the Zone I of a public water supply well;
or
(b) 500 feet of a private water
supply well;
(4) a
Condition of Substantial Release Migration, where such condition is associated
with a release for which notification otherwise is or has at any time in the
past been required in accordance with
310
CMR
40.0300. A Condition of Substantial
Release Migration means a condition at a disposal site that includes any of the
following:
(a) releases that have resulted in
the discharge of separate-phase oil and/or separate-phase hazardous material to
surface waters, buildings, or underground utilities or conduits;
(b) 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;
(c) releases to the groundwater that have
migrated or are expected to migrate more than 200 feet per year;
(d) releases to the groundwater that have
been or are within one year likely to be detected in a public or private water
supply well;
(e) 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; or
(f) releases to the groundwater or to the
vadose zone that have resulted or have the potential to result in the discharge
of vapors into a School, Daycare or Child Care Center or occupied Residential
Dwelling. Conditions that indicate a potential discharge of vapors into a
School, Daycare or Child Care Center or occupied Residential Dwelling include,
but are not limited to:
1. soil or soil gas
impacted with one or more volatile organic compounds within six feet, measured
horizontally from the wall of the structure, and within ten feet measured
vertically from the basement floor or foundation at concentrations that are
likely to discharge vapors into the structure;
2. one or more volatile organic compound in
the groundwater exceed the applicable Groundwater Category GW-2 Standard within
30 feet of the structure, and the average annual depth to groundwater in that
area is 15 feet or less;
3.
volatile Light Nonaqueous Phase Liquid (LNAPL) is present in a groundwater
monitoring well, excavation, or subsurface depression within 30 feet of the
structure at a measured thickness equal to or greater than C inch (0.01 feet);
or
4. evidence of vapor migration
along preferential pathways at a location that is likely to result in the
discharge of vapors into the structure.