Section 40.0892 - Phase V Status and Remedial Monitoring Reports(1) At a minimum, at a disposal site where Phase V operation, maintenance and/or monitoring of Comprehensive Response Actions is being conducted, a Phase V Status Report as described in 310 CMR 40.0892(2) shall be submitted to the Department six months from the receipt by the Department of the Phase IV Completion Statement and every six months thereafter for the duration of the operation of the remedy. Each Status Report shall document activities occurring over the period of time since the previously submitted Status Report.(2) Phase V Status Reports shall include, without limitation, the following:(a) a description of the type and frequency of operation, maintenance and/or monitoring activities conducted;(b) a description of any significant modifications of the operation, maintenance and/or monitoring program made since the submission of the preceding Phase V Status Report;(c) an evaluation of the performance of the remedial action during the period of time since the last Status Report, including:1. whether the remedial action is achieving remedial goals specified in the Phase IV Remedy Implementation Plan as described in 310 CMR 40.0874(3);2. where the remedial action is being conducted under Remedy Operation Status pursuant to 310 CMR 40.0893, whether the Performance Standards at 310 CMR 40.0893(2) continue to be met; and3. a description of any conditions or problems noted during the period that are or may be affecting the performance of the remedial action;(d) a description of any measures taken to correct conditions which are affecting the performance of the remedial action; and(e) the name, license number, signature and seal of the LSP.(3) For a disposal site where Active Operation and Maintenance of a Comprehensive Remedial Action is being conducted, in addition to and/or in conjunction with the submittal of a Phase V Status Report, a Remedial Monitoring Report shall be submitted to the Department on a form established by the Department for such purposes at the following frequency: (a) when Phase V activities include the Active Operation and Maintenance of a Comprehensive Remedial Action to address an Imminent Hazard or Condition of Substantial Release Migration, with the first Phase V Status Report and monthly thereafter. In such cases where the Active Operation and Maintenance of a Comprehensive Remedial Action is not initiated until after the submittal of the first Phase V Status Report, the Remedial Monitoring Report shall be submitted on the monthly anniversary of the submittal of the first Phase V Status Report;(b) when Phase V activities include Active Operation and Maintenance of a Comprehensive Remedial Action to address conditions that do not pose an Imminent Hazard or Condition of Substantial Release Migration, with the first Phase V Status Report and every six months thereafter. In such cases where the Active Operation and Maintenance of the Comprehensive Remedial Action is initiated after the submittal of the first Phase V Status Report, the Remedial Monitoring Report shall be submitted concurrently with the submittal of the next Phase V Status Report;(c) Notwithstanding 310 CMR 40.0892(3)(a) and (b), when activities that include the Active Operation and Maintenance of a Comprehensive Remedial Action are continued in Phase V after being initiated in a previous phase of work (i.e., as an Immediate Response Action, Release Abatement Measure, or during the initial implementation and operation of a remedy in Phase IV), the Status Report submittal schedule established under the previous phase of work shall be continued into Phase V.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.