An Intro. to the Mass. Contingency Plan : Notification Conditions
By John Bailey, Environmental Compliance Advisor
The Massachusetts Contingency Plan (310 CMR 40.0000 or "the MCP") is the regulatory framework for notification and cleanup of releases of oil and/or hazardous materials to the environment in Massachusetts. Section 40.0300 of the MCP includes conditions which require notification to the MA DEP within a set timeframe (2 hours, 72 hours or 120 days).
Releases and Threats of Release which require notification of the MA DEP within two hours include:
Sudden, continuous or intermittent releases to the environment of:
- OHM greater than reportable quantity or likely to exceed the reportable quantity within 24 hours;
- OHM of unknown quantity, quantity that is likely greater than reportable quantity, or likely to exceed the reportable quantity within 24 hours;
- Oil or waste oil that results in the appearance of a sheen on surface water;
- OHM indicated by the measurement of concentrations equal or greater than the RCGW-1 Reportable Concentration in a private drinking water well;
- Any OHM that poses or could pose an Imminent Hazard; and
- Any OHM indirectly discharged to the environment by a discharge to a stormwater drainage system or a sanitary sewer system.
A threat of release to the environment of OHM that:
- Is likely to be about to occur and will be equal or greater than the applicable reportable quantity; and
- Which poses or could pose an Imminent Hazard.
The next post on this topic will include information on other notification conditions, and important information to keep in mind when evaluating notification conditions.