310 CMR 40.0510 - Tier Classification Process
(1)
The Tier Classification process consists of:
(a) the completion of a Phase I - Initial
Site Investigation Report in accordance with
310
CMR 40.0480;
(b) a comparison of conditions at a disposal
site with the Tier I Criteria set forth in
310
CMR 40.0520(2);
(c) the preparation and filing with the
Department of a Tier Classification Submittal in accordance with 310 CMR
40.0510(2); and
(d) the public
involvement activities relevant to Tier Classification, including, but not
limited to, those activities set forth in
310
CMR 40.1403(3) and (6).
Response actions may be initiated or continued at the disposal site during the
public and written notice period described in
310
CMR 40.1403(6)(a), unless
otherwise prohibited by the Department.
(2) A Tier Classification Submittal shall
consist of the following:
(a) a completed Tier
Classification transmittal form using the form established by the Department
for such purposes;
(b) an LSP Tier
Classification Opinion pursuant to 310 CMR 40.0510(4);
(c) the certification required by
310
CMR 40.0009;
(d) the certification required by
310
CMR 40.0540(1);
(e) the compliance history required by
310
CMR 40.0540(2);
and
(f) a conceptual Phase II Scope
of Work that, at a minimum, includes:
1. a
general plan for assessing contaminants of concern, potential receptors and
potential exposure pathways, identifying the likely technical approach(es) to
be used; and
2. a projected
schedule that includes interim milestones.
(3)
Tier Classification Public
and Written Notice Requirements.
(a) The following actions must be taken to
provide notice to the public and local officials of the Tier Classification:
1. within seven days of filing a Tier
Classification Submittal, publish a public notice pursuant to
310
CMR 40.1403(2)(b) as
specified at
310
CMR 40.1403(6)(a);
2. at least three days prior to publication
of the public notice, provide a written notice pursuant to
310
CMR 40.1403(2)(a) to the
Chief Municipal Officer(s) and Board(s) of Health in the community(ies) in
which the disposal site is located and in any other community(ies) that is, or
is likely to be, affected by the disposal site as specified at
310
CMR 40.1403(6)(b);
and
3. in the case of a Tier I
Classification for a disposal site where there is evidence of groundwater
contamination with oil and/or hazardous material at concentrations equal to or
exceeding the applicable RCGW-1 Reportable Concentration set forth in
310
CMR 40.0360, and such groundwater is located
within an Interim Wellhead Protection Area, Zone II, or Zone A of a Class A
surface drinking water source, provide the owner(s) of the Public Water Supply
with a written notice pursuant to
310
CMR 40.1403(2)(a) at least
three days prior to publication of the public notice, that includes:
a. a copy of the public notice; and
b. a copy of the disposal site map
included in the Phase I Report pursuant to
310
CMR 40.0483(1)(b).
(b) Publication of the
public notice shall be documented to the Department as specified at
310
CMR
40.1403(2)(c)2.
(c) A copy of each written notice sent to
local officials and, where applicable, Public Water Supply owner(s), pursuant
to 310 CMR 40.0510(3)(a)2. and 3. respectively, shall be concurrently submitted
to the Department as specified at
310
CMR
40.1403(2)(c)1.
(4) An LSP Tier Classification
Opinion shall consist of:
(a) a completed
Phase I Report pursuant to
310
CMR 40.0480;
(b) on the basis of the Tier I Criteria at
310
CMR 40.0520(2), an LSP
Opinion as to whether a disposal site should be classified as Tier I or Tier
II; and
(5) Unless otherwise specified by the
Department, the Tier Classification effective date shall be the date a complete
Tier Classification Submittal is received by the Department. Such Tier
Classification as either Tier I or Tier II shall apply unless and until the RP,
PRP or Other Person submits a subsequent reclassification to the Department
pursuant to
310
CMR 40.0530 or the Department reclassifies
the disposal site pursuant to
310
CMR 40.0583.
(6) Reclassification of a disposal site does
not change the effective date of the Tier Classification.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The Tier Classification process consists of:
(a) the completion of a Phase I - Initial Site Investigation Report in accordance with 310 CMR 40.0480;
(b) a comparison of conditions at a disposal site with the Tier I Criteria set forth in 310 CMR 40.0520(2);
(c) the preparation and filing with the Department of a Tier Classification Submittal in accordance with 310 CMR 40.0510(2); and
(d) the public involvement activities relevant to Tier Classification, including, but not limited to, those activities set forth in 310 CMR 40.1403(3) and (6). Response actions may be initiated or continued at the disposal site during the public and written notice period described in 310 CMR 40.1403(6)(a), unless otherwise prohibited by the Department.
(2) A Tier Classification Submittal shall consist of the following:
(a) a completed Tier Classification transmittal form using the form established by the Department for such purposes;
(b) an LSP Tier Classification Opinion pursuant to 310 CMR 40.0510(4);
(c) the certification required by 310 CMR 40.0009;
(d) the certification required by 310 CMR 40.0540(1);
(e) the compliance history required by 310 CMR 40.0540(2); and
(f) a conceptual Phase II Scope of Work that, at a minimum, includes:
1. a general plan for assessing contaminants of concern, potential receptors and potential exposure pathways, identifying the likely technical approach(es) to be used; and
2. a projected schedule that includes interim milestones.
(3) Tier Classification Public and Written Notice Requirements.
(a) The following actions must be taken to provide notice to the public and local officials of the Tier Classification:
1. within seven days of filing a Tier Classification Submittal, publish a public notice pursuant to 310 CMR 40.1403(2)(b) as specified at 310 CMR 40.1403(6)(a);
2. at least three days prior to publication of the public notice, provide a written notice pursuant to 310 CMR 40.1403(2)(a) to the Chief Municipal Officer(s) and Board(s) of Health in the community(ies) in which the disposal site is located and in any other community(ies) that is, or is likely to be, affected by the disposal site as specified at 310 CMR 40.1403(6)(b); and
3. in the case of a Tier I Classification for a disposal site where there is evidence of groundwater contamination with oil and/or hazardous material at concentrations equal to or exceeding the applicable RCGW-1 Reportable Concentration set forth in 310 CMR 40.0360, and such groundwater is located within an Interim Wellhead Protection Area, Zone II, or Zone A of a Class A surface drinking water source, provide the owner(s) of the Public Water Supply with a written notice pursuant to 310 CMR 40.1403(2)(a) at least three days prior to publication of the public notice, that includes:
a. a copy of the public notice; and
b. a copy of the disposal site map included in the Phase I Report pursuant to 310 CMR 40.0483(1)(b).
(b) Publication of the public notice shall be documented to the Department as specified at 310 CMR 40.1403(2)(c)2.
(c) A copy of each written notice sent to local officials and, where applicable, Public Water Supply owner(s), pursuant to 310 CMR 40.0510(3)(a)2. and 3. respectively, shall be concurrently submitted to the Department as specified at 310 CMR 40.1403(2)(c)1.
(4) An LSP Tier Classification Opinion shall consist of:
(a) a completed Phase I Report pursuant to 310 CMR 40.0480;
(b) on the basis of the Tier I Criteria at 310 CMR 40.0520(2), an LSP Opinion as to whether a disposal site should be classified as Tier I or Tier II; and
(5) Unless otherwise specified by the Department, the Tier Classification effective date shall be the date a complete Tier Classification Submittal is received by the Department. Such Tier Classification as either Tier I or Tier II shall apply unless and until the RP, PRP or Other Person submits a subsequent reclassification to the Department pursuant to 310 CMR 40.0530 or the Department reclassifies the disposal site pursuant to 310 CMR 40.0583.
(6) Reclassification of a disposal site does not change the effective date of the Tier Classification.