310 CMR 40.1005 - Defining "Foreseeable Period of Time" for Purposes of a Permanent Solution
(1) A Permanent
Solution shall ensure a level of control of each identified substance of
concern at a site or in the surrounding environment such that no such substance
of concern shall present a significant risk of harm to health, safety, public
welfare or the environment during any foreseeable period of time, considering
existing site conditions and reasonably foreseeable future changes in site
conditions, including anticipated impacts associated with climate
change.
(2) "Any foreseeable period
of time" shall mean the period of time during which the conditions for
achieving and maintaining a level of No Significant Risk upon which a Permanent
Solution is based will remain in effect.
(a)
For Permanent Solutions with No Conditions, "any foreseeable period of time"
shall be an unlimited period of time;
(b) For Permanent Solutions with Conditions,
"any foreseeable period of time" shall be the shortest period of time, as
applicable, that:
1. Activity and Use
Limitations, where required to maintain a Permanent Solution, remain in
effect;
2. Exposure Pathway
Mitigation Measures, where required to maintain a Permanent Solution, remain in
effect; or
3. other conditions on
which the Permanent Solution with Conditions is based for which an Activity and
U se Limitation is not required, as specified at
310
CMR 40.1013, remain in effect.
Notes
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(1) A Permanent Solution shall ensure a level of control of each identified substance of concern at a site or in the surrounding environment such that no such substance of concern shall present a significant risk of harm to health, safety, public welfare or the environment during any foreseeable period of time.
(2) "Any foreseeable period of time" shall mean the period of time during which the conditions for achieving and maintaining a level of No Significant Risk upon which a Permanent Solution is based will remain in effect.
(a) For Permanent Solutions with No Conditions, "any foreseeable period of time" shall be an unlimited period of time;
(b) For Permanent Solutions with Conditions, "any foreseeable period of time" shall be the shortest period of time, as applicable, that:
1. Activity and Use Limitations, where required to maintain a Permanent Solution, remain in effect;
2. Exposure Pathway Mitigation Measures, where required to maintain a Permanent Solution, remain in effect; or
3. other conditions on which the Permanent Solution with Conditions is based for which an Activity and Use Limitation is not required, as specified at 310 CMR 40.1013, remain in effect.