Section 40.0421 - Immediate Response Actions That Do Not Require Prior Approval From the Department(1) Except where specifically prohibited in writing by the Department, assessment activities may be conducted at any site without prior notice to or approval from the Department to conduct such activities.(2) Prior notice to and approval from the Department shall not be required to conduct or initiate remedial actions in those cases where the delay involved in notifying and obtaining approval from the Department would substantially exacerbate release or site conditions or endanger health, safety, public welfare or the environment. Immediate Response Actions conducted or initiated under such circumstances may include, without limitation, containment and/or removal actions that are undertaken: (a) immediately after a sudden release of oil and/or hazardous material;(b) immediately after the discovery of a release to prevent, abate or eliminate an Imminent Hazard; or(c) immediately after the discovery of a threat of release, in order to prevent a release from occurring. Persons conducting or initiating remedial actions under the provisions of 310 CMR 40.0421(2) shall notify the Department of those remedial actions undertaken and needed to be taken at the site as soon as possible, and not later than 24 hours after commencement thereof.
(3) Prior notice to and approval from the Department shall not be required to excavate and stockpile up to 100 cubic yards (cumulative for the disposal site of concern) of soils contaminated by a release of oil or waste oil at concentrations or quantities that meet one or more of the sets of criteria specified in 310 CMR 40.0313, and resulting from the closure of an Underground Storage Tank, provided:(a) site conditions do not pose an Imminent Hazard to human health, safety, public welfare, or the environment;(b) contaminated soils are managed in conformance with the provisions of 310 CMR 40.0030;(c) notification is provided to the Department within the time frames required by 310 CMR 40.0332, specifying the nature and extent of soil removal activities; and(e) appropriate Immediate Response Actions are initiated subsequent to notification, in conformance with all provisions of 310 CMR 40.0420.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.