310 CMR 40.0502 - Tier ID Disposal Sites
(1) A disposal site
shall be deemed a Tier ID ("default") disposal site if any of the following
apply:
(a) an RP, PRP or Other Person for such
disposal site fails to submit to the Department one of the following by the
applicable deadline in
310
CMR 40.0501:
1. a Permanent Solution Statement;
or
2. a Tier Classification
Submittal; or
(2) An RP, PRP or Other Person shall not
conduct Comprehensive Response Actions pursuant to
310
CMR 40.0800 at a Tier ID disposal
site.
(3) An RP, PRP or Other
Person for any disposal site that was not previously classified and is deemed a
Tier ID disposal site pursuant to 310 CMR 40.0502(1) shall Tier Classify such
disposal site pursuant to the requirements at
310
CMR 40.0510.
(4) Any disposal site deemed a Tier ID
disposal site pursuant to 310 CMR 40.0502(1)(b) shall be reclassified as
follows:
(a) if the disposal site was
previously classified pursuant to
310
CMR 40.0510, then the previous classification
shall be effective when the Department determines that the RP, PRP, or Other
Person has addressed the noncompliance, provided such classification has not
expired; and
Notes
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(1) A disposal site shall be deemed a Tier ID ("default") disposal site if any of the following apply:
(a) an RP, PRP or Other Person for such disposal site fails to submit to the Department one of the following by the applicable deadline in 310 CMR 40.0501:
1. a Response Action Outcome Statement; or
2. a Tier Classification Submittal and, if applicable, a Tier I Permit Application;
(b) such disposal site had been categorically classified as Tier IB before June 27, 2003 pursuant to 310 CMR 40.0600 or as a result of the failure of an RP, PRP, or Other Person to submit one of the following by the applicable deadline:
1. a Response Action Outcome Statement;
2. a Tier Classification Submittal, and, if applicable, a Tier I Permit Application; or
(2) An RP, PRP or Other Person shall not conduct Comprehensive Response Actions pursuant to 310 CMR 40.0800 at a Tier ID disposal site.
(3) An RP, PRP or Other Person for any disposal site that was not previously classified and is deemed a Tier ID disposal site pursuant to 310 CMR 40.0502(1)(a) or (b) shall Tier Classify such disposal site pursuant to the requirements at 310 CMR 40.0510.
(4) Any disposal site deemed Tier ID by the Department pursuant to 310 CMR 40.0502(1)(c) shall be reclassified as follows:
(a) if the disposal site was previously classified pursuant to 310 CMR 40.0510, then the previous classification shall be effective when the Department determines that the RP, PRP, or Other Person has addressed the non-compliance, provided such classification has not expired;
(b) if the disposal site was not previously classified, then the RP, PRP, or Other Person shall classify the disposal site pursuant to 310 CMR 40.0510 when the Department determines that the RP, PRP, or Other Person has addressed the non-compliance.
(5) Notwithstanding 310 CMR 40.0502(1)(b), for the purpose of assessing annual compliance assurance fees in accordance with 310 CMR 4.00 for billable years prior to June 27, 2003, each disposal site for which the Department does not receive a Response Action Outcome Statement, or a Tier Classification Submittal, and, if applicable, an application for a Tier I Permit by the applicable deadline for Tier Classification shall be categorically classified as a Tier IB disposal site on the date of the applicable deadline if such deadline is prior to June 27, 2003.