310 CMR 40.1160 - Audit Follow-up Plans
(1) At or prior to
the issuance of a Notice of Audit Findings, the Department may require that a
RP, PRP or Other Person submit for its approval a written Audit Follow-up Plan
setting forth how and when such person proposes to confirm, demonstrate or
achieve compliance with M.G.L. c. 21E,
310
CMR 40.00 OO and/or any applicable
requirements.
(2) Each Audit
Follow-up Plan shall be submitted to the Department using a form established by
the Department for such purpose, and shall include, at a minimum, the following
information:
(a) a description of the
activities that will be taken;
(b)
the objective of, and proposed schedule for, each element of the
plan;
(c) the name, registration
number, signature and seal of the Licensed Site Professional who prepared the
Audit Follow-up Plan; and
(d) the
certification set forth in
310
CMR 40.0009.
(3) In approving an Audit Follow-up Plan, the
Department may do the following:
(a) establish
conditions including, but not limited to, conditions setting forth the
Department's role in overseeing elements of the plan;
(b) establish Interim Deadlines;
(c) establish requirements for documentation
and/or submittal of information; and
(d) take any other action authorized by
M.G.L. c. 21E,
310
CMR 40.0000 or any other applicable
law.
(4) If the
Department does not approve or disapprove of an Audit Follow-up Plan within 90
days of its receipt of such plan, an RP, PRP or Other Person shall proceed to
implement such plan.
(5) Any person
who is required to comply with an Audit Follow-up Plan may request, in writing,
a modification thereof prior to the running of any applicable deadline.
Modifications shall be approved, conditionally approved, or denied by the
Department in writing within 21 days of receipt. Approval of such modification
shall be presumed if the Department does not issue a written approval or denial
of said modification within 21 days of receipt.
(6) Public Involvement Activities required
for Audit Follow-up Plans shall be conducted in accordance with
310
CMR 40.1400. If the disposal site where an
Audit Follow-up Plan is being implemented is a designated Public Involvement
Plan site, then a Public Involvement Plan shall be implemented by the person
conducting response actions at that site pursuant to
310
CMR 40.1405.
Notes
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(1) At or prior to the issuance of a Notice of Audit Findings, the Department may require that a RP, PRP or Other Person submit for its approval a written Audit Follow-up Plan setting forth how and when such person proposes to confirm, demonstrate or achieve compliance with M.G.L. c. 21E, 310 CMR 40.00 OO and/or any applicable requirements.
(2) Each Audit Follow-up Plan shall be submitted to the Department using a form established by the Department for such purpose, and shall include, at a minimum, the following information:
(a) a description of the activities that will be taken;
(b) the objective of, and proposed schedule for, each element of the plan;
(c) the name, registration number, signature and seal of the Licensed Site Professional who prepared the Audit Follow-up Plan; and
(d) the certification set forth in 310 CMR 40.0009.
(3) In approving an Audit Follow-up Plan, the Department may do the following:
(a) establish conditions including, but not limited to, conditions setting forth the Department's role in overseeing elements of the plan;
(b) establish Interim Deadlines;
(c) establish requirements for documentation and/or submittal of information; and
(d) take any other action authorized by M.G.L. c. 21E, 310 CMR 40.0000 or any other applicable law.
(4) If the Department does not approve or disapprove of an Audit Follow-up Plan within 90 days of its receipt of such plan, an RP, PRP or Other Person shall proceed to implement such plan.
(5) Any person who is required to comply with an Audit Follow-up Plan may request, in writing, a modification thereof prior to the running of any applicable deadline. Modifications shall be approved, conditionally approved, or denied by the Department in writing within 21 days of receipt. Approval of such modification shall be presumed if the Department does not issue a written approval or denial of said modification within 21 days of receipt.
(6) Public Involvement Activities required for Audit Follow-up Plans shall be conducted in accordance with 310 CMR 40.1400. If the disposal site where an Audit Follow-up Plan is being implemented is a designated Public Involvement Plan site, then a Public Involvement Plan shall be implemented by the person conducting response actions at that site pursuant to 310 CMR 40.1405.