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40.1400:   Public Involvement - General Approach for Response Actions

 

      310 CMR 40.1400 through 40.1449, cited collectively as 310 CMR 40.1400, contain requirements and procedures for the conduct of Public Involvement Activities in connection with response actions.

 

40.1401:   General Principles for Public Involvement in Response Actions

 

(1)   Activities undertaken to foster public involvement during response actions shall serve two objectives:

(a)   for all disposal sites, Public Involvement Activities shall inform the public about the risks posed by the disposal site, the status of response actions, the availability of Technical Assistance Grants, and opportunities for public involvement; and

(b)   for Public Involvement Plan sites, Public Involvement Activities shall also solicit the concerns of the public about the disposal site and response actions, and shall consider, address and, where relevant and material to the response action, incorporate these concerns in planning response actions.

 

(2)   Concerns, information, and comments raised during the implementation of Public Involvement Activities conducted pursuant to 310 CMR 40.1400 through 40.1449 shall be considered when making decisions regarding response actions.

 

40.1402:   Responsibility for Performing Public Involvement Activities in Response Actions

 

(1)   Public Involvement Activities required by this Contingency Plan shall be performed at all disposal sites regardless of whether the Department, RP, PRP or Other Person is conducting the response action.

 

(2)   At any disposal site where the Department is performing a response action, the Department shall be responsible for all Public Involvement Activities pursuant to M.G.L. c. 21E and 310 CMR 40.0000.

 

(3)   At any disposal site at which a RP, PRP or Other Person is conducting a response action, that RP, PRP or Other Person shall be responsible for all Public Involvement Activities pursuant to M.G.L. c. 21E and 310 CMR 40.0000.

 

(4)   Nothing shall prohibit the Department from conducting Public Involvement Activities at any disposal site where the Department deems it is appropriate.

 

40.1403:   Minimum Public Involvement Activities in Response Actions

 

(1)   Public Involvement Activities undertaken at all disposal sites are those designed primarily to provide the public with information regarding the risks posed by the disposal site, status of response actions, availability of technical assistance grants, and opportunities for public involvement.

 

(2)   At a minimum, the following procedures shall be followed for written and public notices required under 310 CMR 40.1400:

(a)   written notices shall be made either by hand-delivery or first-class mail, and the date of notification shall be:

1.   if served by hand, the date when delivered:

a.   personally to the intended recipient;

b.   personally to any officer, employee, or agent of the intended recipient authorized by appointment of the intended recipient or by law to accept service; or

c.   to an adult member of the intended recipient’s household; or

2.   if served by mail, the date of the postmark;

(b)   public notices shall be made in a newspaper of general circulation in the community(ies) in which the disposal site is located and in newspapers of general circulation in other communities which are, or are likely to be, affected by the disposal sites by:

1.   publishing an advertisement in the local news section; or

2.   publishing a legal notice, if the cost of an advertisement of comparable size in the local news section exceeds the cost of a legal notice by 20% or more, or if the newspaper refuses to publish the notices as an advertisement; and

(c)   written and public notices shall be documented to the Department according to the following:

1.   a copy of each written notice shall be concurrently submitted to the Department; and

2.   except as provided in 310 CMR 40.0062(5), a copy of the public notice as published in each newspaper containing the date of publication and name of the newspaper, shall be submitted to the Department within 30 days of the date of publication.

 

(3)   At any time after the Department has been notified of a release or threat of release pursuant to 310 CMR 40.0300, the Chief Municipal Officer and Board of Health in the community(ies) in which the disposal site is located and in any other communities which are, or are likely to be, affected by the disposal site shall be provided written notice by the person conducting response actions of:

(a)   the purpose, nature and expected duration of any field work related to the response action involving the implementation of Phase IV remedial actions pursuant to 310 CMR 40.0870; the use of respirators and other protective clothing (Level A, B or C as defined by "Standard Operating Safety Guides" published by the U.S. Environmental Protection Agency); or any sampling involving private drinking water supply wells, indoor air or surficial soils at any residential property at, adjacent to, or down-gradient from any contamination or suspected contamination from a release or threat of release.

1.   Notification shall be made at least three days prior to the commencement of such field work.

2.   Notification shall be based on plans for the field work, including the expected level of protection for site workers.  If the level of protection for site workers is upgraded during the course of the work to Level C or above, the Chief Municipal Officer and Board of Health shall be notified of the upgrade as soon as is practicable.

3.    Notification of field work is not required for Immediate Response Actions undertaken to address releases of oil and/or hazardous material as defined in 310 CMR 40.0311(1) through (9), or when advance notice for these actions is provided pursuant to 310 CMR 40.1403(3)(b) and (d);

(b)   the implementation of any Immediate Response Action taken to prevent, control, abate or eliminate an Imminent Hazard as required in 310 CMR 40.0322 and 40.0426 or to address a Critical Exposure Pathway as defined in 310 CMR 40.0006.

1.   Notification shall include information about the purpose, nature and expected duration of the Immediate Response Action.

2.   Notification shall be made as soon as feasible, but in all cases notification shall be made no later than 48 hours following implementation of the Immediate Response Action;

(c)   the availability of all Completion Statements required for Immediate Response Actions taken to prevent, control, abate or eliminate Imminent Hazards pursuant to 310 CMR 40.0427.

1.   Notification may take the form of copies of correspondence which contain or summarize the Completion Statement, or a notice of the availability of the Completion Statement.

2.   Notification shall include information about how local officials may obtain a copy of the Completion Statement from the person(s) conducting response actions.

(d)   the implementation of any Release Abatement Measure.

1.   Notification shall include information about the purpose, nature and expected duration of the Release Abatement Measure.

2.   Except as provided at 310 CMR 40.1403(3)(d)3., notification shall be made within the 20 days prior to the implementation of the Release Abatement Measure Plan.

3.   In the event that a removal action initiated as a Limited Removal Action is continued as a Release Abatement Measure pursuant to 310 CMR 40.0318(9)(b), notification shall be made on the same date that the complete RAM Plan is submitted to the Department pursuant to 310 CMR 40.0443.

(e)   the availability of the Phase I Initial Site Investigation Report required pursuant to 310 CMR 40.0480, and each subsequent Phase Report required pursuant to 310 CMR 40.0800.  Notification shall take the form of a copy of the summary of findings and statement of conclusions, as provided in 310 CMR 40.0483(h), 40.0835(4)(i), 40.0852(5), or for Phase IV, a copy of the description of the Comprehensive Remedial Action provided in the Remedy Implementation Plan pursuant to 310 CMR 40.0874(3)(b)5. and 40.0874(3)(b)10., or for Phase V, a copy of the Phase V Completion Statement Form, and shall include information about how local officials may obtain a copy of the Report from the person(s) conducting response actions.

(f)   the availability of any Permanent or Temporary Solution Statements filed pursuant to 310 CMR 40.1000.

1.   Notification may take the form of copies of correspondence which contain or summarize decisions regarding the Statement or a notice of the availability of the Statement.

2.   Notification shall include information about how local officials may obtain a copy of the Statement from the person(s) conducting response actions.

(g)   the availability of any Downgradient Property Status Submittal and/or modification of Downgradient Property Status Submittal provided to the Department pursuant to 310 CMR 40.0180.  Notification shall include information about how local officials may obtain a full copy of the Downgradient Property Status Submittal and/or Modification of Downgradient Property Status Submittal from the person(s) conducting response actions.

(h)   the submittal of a Release Notification Form to the Department pursuant to 310 CMR 40.0371.

1.   Notification shall consist of a written notice pursuant to 310 CMR 40.1403(2)(a) that includes:

a.   a copy of the Release Notification Form; and

b.   a statement of the local officials’ right to request additional Public Involvement Activities under 310 CMR 40.1403(9) and upon tier classification under 310 CMR 40.1404.

2.   Notification shall be provided no later than seven days after sending the Release Notification Form to the Department pursuant to 310 CMR 40.0371.

(i)   additional remedial actions conducted as part of an Audit Follow-up Plan pursuant to 310 CMR 40.1160.

 

(4)   Notifications required by 310 CMR 40.1403(3)(a), (b), and (d) may be made orally or in writing.  Notifications required by 310 CMR 40.1403(3)(c), (e), (f), and (g) shall be made in writing.

(a)   Oral notifications shall be followed by written notice within seven days of the oral notification.

(b)   A copy of each written notice shall be submitted to the Department concurrently with its filing with the Chief Municipal Officer and Board of Health.

 

(5)   When issues of public safety are involved at a disposal site, the Fire and Police Chief in the community(ies) in which the disposal site is located and in any other communities which are, or are likely to be, affected by the disposal site shall be notified about any threat to public safety prior to the implementation of remedial actions, unless prior notification is impracticable.

 

(6)   Following Tier Classification or reclassification pursuant to 310 CMR 40.0510 or 310 CMR 40.0530, respectively, the person(s) conducting response actions shall undertake the following actions to inform the public about the status of the disposal site's classification:

(a)   within seven days of filing a Tier Classification Submittal, a public notice pursuant to 310 CMR 40.1403(2)(b) which indicates the classification or reclassification of the disposal site shall be published in a form established by the Department for such purpose and shall include:

1.   a statement of the Public Involvement Activities available under 310 CMR 40.1403(9) and 40.1404; and

2.   contact information for the person(s) conducting response actions, including the person’s name, address, and telephone number;

(b)   at least three days prior to publication of the public notice specified in 310 CMR 40.1403(6)(a), a written notice pursuant to 310 CMR 40.1403(2)(a) shall be sent to the Chief Municipal Officer(s) and the Board(s) of Health in the community(ies) in which the disposal site is located and in any other communities which are, or are likely to be, affected by the disposal site, and shall include:

1.   a copy of the public notice;

2.   a copy of the disposal site map included in the Phase I Report pursuant to 310 CMR 40.0483(1)(b); and

3.   information regarding the availability of the Phase I Report pursuant to 310 CMR 40.1403(3)(e).

 

(7)    Within 30 days after recording and/or registering any original, amended, released or terminated Activity and Use Limitation pursuant to 310 CMR 40.1070 through 40.1080, the following requirements shall be met to inform local officials and the public of the limitations which apply to activities and/or uses of the property subject to the Activity and Use Limitation:

(a)   a copy of the recorded and/or registered Activity and Use Limitation shall be provided to:

1.   the Chief Municipal Officer;

2.   the Board of Health;

3.   the Zoning Official; and

4.   the Building Code Enforcement Official in the community(ies) in which the property subject to such Activity and Use Restriction is located.

(b)   a public notice pursuant to 310 CMR 40.1403(2)(b) which indicates the recording and/or registering of the original, amended, released or terminated Activity and Use Limitation shall be published in a newspaper that circulates in the community(ies) in which the property subject to the Activity and Use Limitation is located.

1.   This notice shall be in a form established by the Department for such purpose and shall include, but not be limited to:

a.   the name, address, and Release Tracking Number(s) of the disposal site associated with the Activity and Use Limitation;

b.   the type of Activity and Use Limitation;

c.   information about where the Activity and Use Limitation instrument and disposal site file can be reviewed; and

d.   the name, address and telephone number of the person recording and/or registering the Activity and Use Limitation from whom the public can obtain additional information.

2.   A copy of this public notice shall be submitted to the Department within seven days of its publication.

 

(8)   For any disposal site where the Permanent Solution relies on the exception provided by 310 CMR 40.1013(1)(c) from requirements for an Activity and Use Limitation, a copy of the Permanent Solution Statement shall be filed with the following offices:

(a)   where a public way is part of the disposal site, the public agency(ies) owning and operating that public way;

(b)   where a rail right-of-way is part of the disposal site, the owner and operator of the rail line.  For rail rights-of-way subject to the requirements of M.G.L. c. 161C, a copy of the Permanent Solution Statement shall also be filed with the Massachusetts Department of Transportation; and

(c)   the notifications required by 310 CMR 40.1403(8)(a) and (b) shall be made concurrently with the notification to local officials of the availability of Permanent Solution Statements pursuant to 310 CMR 40.1403(3)(f).

 

(9)   Local officials or ten or more residents of a community(ies) in which a disposal site is located or in any other communities which are, or are likely to be, affected by a disposal site may request an opportunity for Public Involvement Activities related to any Immediate Response Action conducted pursuant to 310 CMR 40.0410 or Release Abatement Measure conducted pursuant to 310 CMR 40.0440.  Such request shall be made in writing to the person(s) conducting the response actions and copied concurrently to the Department.

(a)   Following the receipt of such written request, the person(s) conducting  response actions shall, at a minimum:

1.   contact the people making the request and appropriate local officials to identify their concerns about the response action;

2.   provide information to those making the request about the nature and extent of contamination (to the extent known at the time) and about implemented and planned response actions;

3.   provide appropriate opportunities for public comment, which may include but are not limited to, holding a public meeting or providing an opportunity for the public to submit written comments to the person(s) conducting response actions; and

4.   establish a public information repository in the community(ies) in which the disposal site is located or in any other community(ies) that is, or is likely to be, affected by the disposal site;

(b)   when holding a public meeting in response to a request for Public Involvement Activities, the person(s) conducting response actions shall hold such meeting at a time and place convenient to the people requesting the opportunity for comment, and shall  publicize the meeting in advance in such community  and by providing written notice pursuant to 310 CMR 40.1403(2)(a) to the persons requesting the Public Involvement Activities and appropriate local officials.

(c)   when providing the opportunity to the public to submit written comments, the person(s) conducting response actions shall:

1.   notify the persons requesting the Public Involvement Activities and appropriate local officials using a written notice pursuant to 310 CMR 40.1403(2)(a);

2.   provide a public comment period of a minimum of 20 days from the date of notification of the Immediate Response Actions or Release Abatement Measures; 

3.   consider and, where relevant and appropriate, incorporate comments into plans for response actions;

4.   prepare a written summary of and response to relevant comments within 30 days of the last day of the public comment period, unless an alternative procedure for summarizing comments is agreed to by the person(s) conducting response action(s) and the persons requesting Public Involvement Activities; and

5.   include the written summary of and response to comments in the next related response action submittal to the Department and place it in the public information repository;

(d)   Notwithstanding the provisions of 310 CMR 40.1403(9), nothing shall prohibit:

1.   person(s) conducting response actions and the persons who requested Public Involvement Activities from agreeing to Public Involvement Activities or  procedures for providing public comment on response action submittals in addition to or in lieu of those specified in 310 CMR 40.1403(9)(b) or (c); or

2.   persons from petitioning for the designation of the disposal site where Public Involvement Activities are being conducted pursuant to 310 CMR 40.1403(9) as a Public Involvement Plan Site pursuant to 310 CMR 40.1404;

(e)   The public involvement opportunities provided pursuant to 310 CMR 40.1400 shall not unreasonably delay implementation of response actions at the disposal site;

(f)   Assessment may proceed during the public comment period;

(g)   Except as provided in 310 CMR 40.1403(9)(h), remedial actions that are the subject of the public comment period shall not proceed until the close of the public comment period;

(h)   Time critical elements of an Immediate Response Action Plan may be conducted prior to the close of the public comment period if delaying the remedial actions would exacerbate release or site conditions or endanger health, safety, public welfare or the environment;  and

(i)   Unless otherwise specified by the Department, the public involvement provisions of 310 CMR 40.1403(9) shall not apply to Release Abatement Measures conducted pursuant to 310 CMR 40.1067(4) after a valid Permanent Solution Statement has been submitted to the Department.

 

(10)   Any time environmental samples are taken at a property in the course of investigating a release for which a notification to the Department pursuant to 310 CMR 40.0300 has been made on behalf of someone other than the owner of the property, the person(s) conducting the response actions shall:

(a)   provide the property owner with a written notice pursuant to 310 CMR 40.1403(2)(a)  on a form established by the Department for such purpose which explains that  the property owner will be provided the results of the sample analyses; such written notice shall be provided to the property owner :

1.   as soon as possible, but no more than seven days after the date of sampling, when conducted as part of an Immediate Response Action to address releases defined at 310 CMR 40.0311; or

2.   prior to the date of sampling when conducted as part of any other response action;

(b)   within 30 days of the date the sample results are issued by the laboratory,  provide the property owner with:

1.   the results of the sample analyses of samples from the property owner’s property and a written notice that additional documentation associated with the samples, such as that listed at 310 CMR 40.0017(3), will be provided to the property owner within 30 days of receipt of a request for such documentation.  The person providing written notice shall provide such additional documentation to the property owner within 30 days of receipt of a request;

2.   a statement that public involvement opportunities are available under 310 CMR 40.1403(9) and, if the site is tier classified, under 310 CMR 40.1404;

(c)   provide to the Department with the next required MCP submittal the results of and additional documentation associated with any sampling subject to the notice requirements of 310 CMR 40.1403(10), a copy of the written notice required by 310 CMR 40.1403(10)(a), and a copy of any alternative schedule for providing sampling results established pursuant to 310 CMR 40.1403(10)(d); and

(d)   Notwithstanding the provisions at 310 CMR 40.1403(10)(b), when sampling at a property will occur on an ongoing basis, an alternative schedule may be established for providing the results of multiple sampling events to a property owner, provided that such schedule is established in writing and agreed to by the property owner.  The person(s) conducting the response actions shall include with the results of the sample analyses a written notice that additional documentation associated with the samples, such as that listed at 310 CMR 40.0017(3), will be provided to the property owner within 30 days of receipt of a request for such documentation.  The person providing written notice shall provide such additional documentation to the property owner within 30 days of receipt of a request.

 

(11)   Any person conducting a remedial action as part of an Immediate Response Action to prevent, control, or eliminate an Imminent Hazard pursuant to 310 CMR 40.0322 and 40.0426 or to address a Critical Exposure Pathway pursuant to 310 CMR 40.0414(3) through (4) shall provide notice of such remedial actions to owners and/or operators, and to other persons who may experience significant health or safety impacts from the disposal site  that is being addressed by the Immediate Response Action (i.e., Affected Individuals as defined in 310 CMR 40.0006).

(a)   Unless otherwise specified by the Department, notification shall be made orally or in writing as soon as possible but not later than 72 hours after commencement of the remedial action;

(b)   Oral notifications shall be followed by a written notice pursuant to 310 CMR 40.1403(2)(a) within seven days of the oral notification;

(c)   Written notices shall be provided on a form established by the Department for such purpose that includes information about the purpose, nature and expected duration of the remedial action, and a statement of the Public Involvement Activities available under 310 CMR 40.1403(9) and, if applicable,  310 CMR 40.1404;

(d)   For multi-unit or industrial or commercial buildings, the person conducting the Immediate Response Action shall, in addition to notifying Affected Individuals, request that the owners and/or operators of the buildings post the notice where it will be visible to individuals who are routinely present in such building(s);

(e)   Upon completion of the Immediate Response Action where a remedial action was conducted to prevent, control, or eliminate an Imminent Hazard or to address a Critical Exposure Pathway, the person conducting the Immediate Response Action shall, concurrently with submitting the Immediate Response Action Completion Statement to the Department, provide those same Affected Individuals for whom notification pursuant to 310 CMR 40.1403(11)(a) through (d) was required with a written notice pursuant to 310 CMR 40.1403(2)(a) that includes a copy of the Immediate Response Action Completion Statement; and

(f)   A copy of all written notices required by 310 CMR 40.1403(11) shall be submitted to the Department with the Immediate Response Action Completion Statement.

 

40.1404:   Public Involvement Plan Site Designation

 

(1)   The following disposal sites shall be eligible for PIP Site Designation:

(a)   any disposal site that has been tier classified pursuant to 310 CMR 40.0500;

(b)   any disposal site that is deemed a default Tier ID site pursuant to 310 CMR 40.0502;

(c)   any disposal site at which response actions are being conducted in accordance with 310 CMR 40.0112 and for which a RCRA Facility Assessment has been completed;

(d)   any disposal site at which response actions are being conducted in accordance with 310 CMR 40.0113 and for which either a RCRA Facility Assessment or equivalent assessment in accordance with 310 CMR 30.000:  Hazardous Waste has been completed; or

(e)   any disposal site at which response actions are being conducted in accordance with 310 CMR 40.0114 and for which an Initial Site Assessment or equivalent assessment in accordance with 310 CMR 19.00:  Solid Waste Management has been completed.

 

(2)   Except as provided in 310 CMR 40.1404(3), a disposal site shall not be eligible for designation as a PIP Site if the Department issued or received any of the following:

(a)   a No Further Action determination letter issued by the Department pursuant to 310 CMR 40.000;

(b)   a determination by the Department that the site is exempt from the transition requirements pursuant to 310 CMR 40.0637;

(c)   a Permanent Solution Statement pursuant to 310 CMR 40.1000;

(d)   an LSP Evaluation Opinion, Consultant of Record No Further Action Statement or PRP No Further Action Statement pursuant to 310 CMR 40.0600; or

(e)   a Waiver Completion Statement pursuant to 310 CMR 40.537.

 

(3)   Notwithstanding 310 CMR 40.1404(2), a disposal may be subject to PIP Site Designation or the continuation of PIP activities under an existing PIP Site Designation if the Department:

(a)   specifies that a new or continued PIP Designation is appropriate for remedial  actions conducted pursuant to 310 CMR 40.1067; or

(b)   finds that a determination or submittal listed in 310 CMR 40.1404(2)(a) through (e) is invalid and that further response actions are required at the disposal site to which the determination or submittal applied. 

 

(4)   Petitions shall be submitted to the party responsible for conducting response actions at the disposal site.  For disposal sites where a RP, PRP or Other Person is conducting response actions, a copy of the petition shall also be sent concurrently to the Department.

 

(5)   Petitions submitted shall:

(a)   identify the disposal site to be designated, by name, address, and Release Tracking Number(s) if known;

(b)   include a request to designate the disposal site as a PIP Site pursuant to M.G.L. c. 21E, § 14(a) and the Massachusetts Contingency Plan, 310 CMR 40.1404; and

(c)   include the signatures and addresses of at least ten persons signing the petition.  These names and addresses shall also be legibly printed so that they can be used to respond to the petition.

 

(6)   Upon receipt of a petition for a disposal site eligible for PIP Site Designation pursuant to 310 CMR 40.1404(1) through (3) signed by ten or more residents of a municipality in which the disposal site is located, or of a municipality potentially affected by the disposal site, the disposal site shall be designated a PIP Site.  Following PIP Site Designation, the person(s) conducting response action shall inform the petitioners of such Designation pursuant to 310 CMR 40.1404(7).

 

(7)   All petitioners shall be informed in writing by the person(s) conducting response actions as to whether or not the disposal site has been designated as a PIP Site within 20 days of receipt of such a petition.  If the disposal site is ineligible for PIP Site Designation pursuant to 310 CMR 40.1404(1) through (3), then the reason why the site is ineligible for PIP Site Designation shall be stated in the response letter to the petitioners.  If the Department is not conducting response actions at the disposal site, a copy of the response letter shall be concurrently sent to the Department.

 

(8)   While petitions to designate a disposal site as a PIP Site shall be accepted for any Tier I, Tier II or Tier ID disposal site, the submission of such a petition by itself shall not alter the classification of a disposal site pursuant to 310 CMR 40.0500.

 

(9)   The submittal of a PIP petition shall not alter the order in which the Department initiates response actions at a disposal site.

 

(10)   When PIP Site Designation is terminated pursuant to 310 CMR 40.1405(7), a new PIP Site Designation petition shall be required to re-designate the disposal site as a PIP Site.

 

(11)   A new PIP Site Designation petition is not required for a disposal site that is currently a PIP Site at which a new release or threat of release for which notification is required   pursuant to 310 CMR 40.0300 occurs.  The person(s) conducting response actions at the disposal site shall inform the individuals on the mailing list established for the PIP Site of any such new release or threat of release using a written notice pursuant to 310 CMR 40.1403(2)(a).

 

(12)   A PIP petition may be withdrawn prior to the development of a draft Public Involvement Plan.  Withdrawals shall be submitted in writing to the person(s) conducting response actions and shall include the site name, Release Tracking Number, an explanation for the withdrawal, and the signatures of a majority of the original petitioners.  Within 14 days of the date of receipt of the withdrawal request, the person(s) conducting response actions shall provide a copy of the request to the Department.

 

40.1405:   Additional Public Involvement Activities Required for Public Involvement Plan Sites

 

(1)   Public Involvement Activities undertaken at PIP Sites are those taken in addition to the Public Involvement Activities required for all disposal sites and are designed to involve the public in decisions regarding response actions.

 

(2)   Public Involvement Activities conducted at PIP Sites shall focus on the community(ies) in which the disposal site is located and shall include other communities which are, or are likely to be, affected by the disposal site.

 

(3)   Concerns, information, and comments from the public about the disposal site shall be solicited, considered, addressed and, where relevant and material to response actions, incorporated into decisions regarding response actions at the disposal site.

 

(4)   Public Involvement Activities required at PIP Sites shall pertain to those response actions conducted after the submission of the PIP petition, except at disposal sites where response actions beyond Phase I are conducted prior to Tier Classification.  At disposal sites where response actions beyond Phase I are conducted prior to Tier Classification, Public Involvement Activities shall pertain to all response actions conducted, provided that the PIP petition is received within 30 days of publication of the public notice required in 310 CMR 40.1403(6) or 40.0510(3).

 

(5)   Upon designation of a disposal site as a PIP Site:

(a)   within 80 days of receiving a PIP petition for an eligible disposal site a draft site-specific Public Involvement Plan shall be prepared, and a public meeting shall be held to present the draft Public Involvement Plan, solicit public comment on the draft Public Involvement Plan, and provide information about disposal site conditions.  This public meeting shall be held at a time and location convenient to the affected public.  Residents of the potentially affected community(ies) shall be informed of the public meeting by the following activities:

1.   a public notice pursuant to 310 CMR 40.1403(2)(b) shall be published at least 14 days prior to the meeting; and

2.   a copy of the public notice announcing the public meeting shall be mailed to each petitioner, and the Chief Municipal Officer(s) and Board(s) of Health in the community(ies) in which disposal site is located and in any other community(ies) that is, or is likely to be, affected by the disposal site;

(b)   the draft Public Involvement Plan shall be made available for public review on the date of the public meeting to present it and a public comment period that runs for a minimum of 20 days from the date of the public meeting shall be provided;

(c)   the Public Involvement Plan shall be finalized within 30 days of the close of the public comment period  on the draft Public Involvement Plan;

(d)   a summary of comments received on the draft Public Involvement Plan shall be developed that contains the comments received, identifies comments that have been incorporated and provides an explanation for comments that were not incorporated into the final Public Involvement Plan.  The copy of the response to comments and the final Public Involvement Plan shall be made available in the information repository(ies) established for the disposal site pursuant to 310 CMR 40.1405(6)(j);

(e)   if the Department is not conducting response actions at the disposal site, copies of all the documents related to the public involvement process shall be submitted to the Department upon their availability; and

(f)   the Public Involvement Plan shall be implemented throughout the response action process.

 

(6)   A Public Involvement Plan shall, without limitation:

(a)   identify local concerns and sources of information through interviews and other appropriate measures and ensure that the implementation of the Public Involvement Plan reflects such concerns and information and the nature and level of relevant public interest;

(b)   inform the public about the response action(s) and public involvement processes by methods including, but not limited to, providing notification of the public of a public meeting a minimum of 14 days in advance of the meeting;

(c)   provide the name, address and phone number of a contact person for the person(s) conducting response actions;

(d)   provide disposal site background information, including, but not limited to, a site description and history, material environmental assessment history, and relevant public involvement history;

(e)   provide opportunities to comment on response actions by holding a minimum 20 day comment period on all submittals for response actions occurring following PIP designation, with the following qualifications:

1.   any public comment period may be extended, if requested by the public, for a minimum of an additional 20 days;

2.   a modified Phase II Scope of Work, IRA Plan, RAM Plan, or sampling plan shall be subject to an additional comment period if such  modifications  substantially alter or expand the previous Phase II Scope(s) of Work, IRA Plan(s), RAM Plan(s), or previous sampling plan(s);

3.   except as provided in 310 CMR 40.1405(6)(e)4., remedial actions that are the subject of the public comment period shall not proceed until the close of the public comment period;

4.   time critical elements of an Immediate Response Action Plan may be conducted prior to the close of the public comment period if delaying the remedial actions would exacerbate release or site conditions or endanger health, safety, public welfare or the environment;

5.   a comment period is not required for a remedial action  inspection and monitoring report or status report; and

6.   assessment may proceed during the public comment period;

(f)   incorporate relevant and material public comments into the planning and implementation of response actions;

(g)   provide a summary of all public comments received during any comment period within 60 days of the close of the comment period that contains the comments received, identifies comments that have been incorporated and provides an explanation for comments that were not incorporated into the applicable plan;

(h)   ensure that Public Involvement Activities are undertaken throughout the response action process and that a schedule is developed for conducting these activities;

(i)   establish a public information repository(ies) in the community(ies) in which the disposal site is located and in any other communities which are, or are likely to be, affected by the disposal site, with a location and hours that are convenient to the public; and

(j)   maintain a mailing list that includes at a minimum:

1.   all individuals who ask to receive information about the disposal site;

2.   the Chief Municipal Officer(s);

3.   the Board (s) of Health; and

4.   the Department;

 

(7)   Public Involvement Activities shall be terminated, modified, expanded or reduced as provided below:

(a)   Unless otherwise provided in a Public Involvement Plan or specified by the Department, a designation of a disposal site as a PIP Site pursuant to 310 CMR 40.1404 shall terminate following the implementation of the PIP activities applicable to the Permanent Solution Statement  for the disposal site pursuant to 310 CMR 40.1000;

(b)   The person(s) conducting response actions, ten or more residents of a community(ies) in which a disposal site is located or in any other community(ies) which are, or are likely to be, affected by a disposal site may propose to terminate the designation of a disposal site as a PIP Site, or to modify, expand or reduce Public Involvement Activities in a Public Involvement Plan.  If such a proposal is made to terminate, expand or reduce Public Involvement Activities or terminate designation of a disposal site as a PIP Site, the person(s) conducting response actions shall provide a written notice pursuant to 310 CMR 40.1403(2)(a) to the parties on the mailing list for the disposal site, the local Board(s) of Health and Chief Municipal Officer(s) in the community(ies) in which the disposal site is located and in any other communities that are, or are likely to be, affected by the disposal site and publish a public notice pursuant to 310 CMR 40.1403(2)(b).  Such written and public notices shall:

1.   identify the proposed changes to the Public Involvement Activities;

2.   provide a 20 day comment period for the proposed modification, expansion, reduction or termination of the Public Involvement Activities or termination of the PIP Site Designation, whichever is applicable; and

3.   identify the location of the public information repository where the proposed changes have been made available for review;

(c)   The person(s) conducting response actions shall review any comments received and if applicable, revise the Public Involvement Plan developed pursuant to 310 CMR 40.1404 to incorporate as appropriate proposed revisions as well as any comments received on the proposed revisions;

(d)   A letter that sets forth the revised Public Involvement Activities or termination of the PIP Site Designation shall be placed in the information repository and concurrently sent to any person(s) who responded to written notice made pursuant to 310 CMR 40.1405(7)(b).

(e)   Upon termination of a PIP Site Designation, the person(s) conducting response actions at the disposal site shall no longer be required to conduct Public Involvement Activities pursuant to the Public Involvement Plan or 310 CMR 40.1405.

 

40.1406:   Notification to Owners of Property within the Boundaries of a Disposal Site

 

(1)   Any person(s) conducting response action(s) at a disposal site shall provide written notice on a form established by the Department for such purpose and in accordance with the requirements of 310 CMR 40.1403(2)(a) to the owner(s) of property(ies) within the boundaries of the disposal site as depicted and/or described pursuant to 310 CMR 40.0835(4)(b) and/or 310 CMR 40.1056(2)(a) that said property(ies) (or a portion of the property(ies)) is within the disposal site boundaries.  The person(s) conducting response actions at the disposal site shall:

(a)   provide the following information in or with the written notice:

1.   a copy of the disposal site map or description of disposal site boundaries prepared pursuant to 310 CMR 40.0835(4)(b) and/or 310 CMR 40.1056(2)(a) showing or describing the boundaries of the disposal site;

2.   a copy of the conclusions prepared pursuant to 310 CMR 40.0835(4)(i) or 310 CMR 40.1056;

3.   a statement that Public Involvement Activities are available under 310 CMR 40.1400; and

4.   the name, address and telephone number of a contact person representing the person(s) conducting response actions who may be contacted for additional information on the disposal site;

(b)   provide such written notice concurrently with submitting the Phase II Report, pursuant to 310 CMR 40.0835, or the Permanent or Temporary Solution Statement for the disposal site, pursuant to 310 CMR 40.1000, to the Department, whichever is submitted sooner:

1.   for written notice provided concurrently with submitting the Phase II Report to the Department, additional written notice of the Permanent or Temporary Solution for the disposal site shall be subsequently provided pursuant to 310 CMR 40.1406(3);

2.   for written notice provided concurrently with submitting the Permanent or Temporary Solution Statement for the disposal site to the Department, such written notice shall also include a statement explaining how to obtain additional documentation of the Permanent or Temporary Solution.

(c)   if the number of property owners to receive the written notices exceeds 50, provide a written notice pursuant to 310 CMR 40.1403(2)(a) to property owners only after the Board(s) of Health in the community(ies) in which the properties are located and the Department receive written notice.

 

(2)   Any person(s) conducting  response actions who provided written notice to a property owner(s) pursuant to 310 CMR 40.1406(1) who later determines as the result of an additional response action(s) that a property is not within the boundaries of the disposal site shall make written notice to said property owner(s) within 30 days of receiving the additional information upon which such a determination is based.  Such written notice shall include:

(a)   the basis of the determination;

(b)   an updated copy of the disposal site map prepared pursuant to 310 CMR 40.0835(4)(b) or 40.1056(2)(a) showing the revised boundaries of the disposal site; and

(c)   a statement explaining how to obtain additional documentation that supports the determination.

 

(3)   Any person(s) conducting response action(s) who provided written notice to a property owner(s) upon submission of the Phase II Report pursuant to 310 CMR 40.1406(1) shall subsequently upon achievement of a Permanent or Temporary Solution for the disposal site provide a written notice pursuant to 310 CMR 40.1403(2)(a) of the Permanent or Temporary Solution to the owners of those properties for which notice was previously provided concurrently with submitting the Permanent or Temporary Solution to the Department.  Such written notice shall include:

(a)   a copy of the conclusions prepared pursuant to 310 CMR 40.1056;

(b)  an updated copy of the disposal site map, if the identified disposal site boundaries have changed since the previous notice;

(c)   the name, address and telephone number of a contact person representing the person(s) conducting response actions who may be contacted for additional information on the disposal site; and

(d)   a statement explaining how to obtain additional documentation of the Permanent or Temporary Solution.

 

(4)   If the number of property owners that would receive written notices pursuant to 310 CMR 40.1406 exceeds 50, alternative means of providing notice to property owners (e.g., use of a public notice published in the local newspaper) may, upon approval by the Department, be used to fulfill the requirements of 310 CMR 40.1406.  In such case, written notice to the Board(s) of Health in the community(ies) in which the properties are located shall be provided pursuant to 310 CMR 40.1406(1)(c) prior to providing notice to the property owners, and such written notice shall also inform the Board(s) of Health of the alternative means by which notice will be provided to the property owners.

 

(5)   A copy of all written notices required by 310 CMR 40.1406 shall be submitted to the Department with the corresponding Phase II Report or Permanent or Temporary Solution Statement.

 

(40.1407:   Community Site Inspection:   Reserved)

 

40.1450:   Technical Assistance Grants

 

      310 CMR 40.1450 through 40.1499, cited collectively as 310 CMR 40.1450, specifies terms and conditions of eligibility for, and use of, technical assistance grants.

 

40.1451:   Purpose and Scope of Technical Assistance Grants

 

(1)   The Department may provide for limited grants in order to:

(a)   provide access to expert advice and technical assistance;

(b)   encourage more effective participation in the response action process by promoting access to and use of information; and

(c)   allow issues of concern related to the disposal site to be addressed.

 

40.1452:   Grant Availability

 

(1)   Grants shall be made available to affected persons described in 310 CMR 40.1453, subject to the provisions of 310 CMR 40.1451 through 40.1462 and to the availability of funding.

 

(2)   For each disposal site, there shall be no more than one grant available per funding round. 

 

(3)   Grants may be made to single organizations for technical assistance activities at more than one disposal site.  However, no applicant shall receive more than one grant in a funding round.

 

(4)   Grant Amounts.

(a)   At the start of each funding round, the Department shall designate a maximum amount for any single grant.

(b)   Any other source of funding obtained by an applicant for expert advice or technical assistance shall not be subtracted from any specified grant maximum designated by the Department provided the total of grant funds received by the grantee from all sources shall not exceed 100% of the total cost of the proposed project.

(c)   The maximum grant amount(s) shall be set forth in the notice to be published by the Department pursuant to 310 CMR 40.1455.

 

(5)    Disposal sites that are eligible for Technical Assistance Grants are:

(a)   any disposal site classified as Tier I or Tier II pursuant to 310 CMR 40.0500;

(b)   any Massachusetts disposal site listed on the National Priority List; and

(c)   any site deemed by the Department to be Adequately Regulated pursuant to 310 CMR 40.0110 et. seq., and for which response actions have not been completed.

 

(6)   No Technical Assistance Grant Agreement shall be made available to a Grantee for any site for which:

(a)   a valid Permanent Solution Statement has been submitted to the Department by the party(ies) conducting response actions at a tier classified site; or

(b)   a Waiver Completion Statement has been submitted to the Department by the party(ies) conducting response actions.

 

40.1453:   Eligible Applicants

 

(1)   The Department may provide for limited grants to be given to the following affected persons:

(a)   any group of individuals who may be affected by oil and/or hazardous material from any eligible disposal site, or

(b)   any city, town or agency thereof which may be affected by oil and/or hazardous material from any eligible disposal site, or

(c)   any district or other body politic that owns or operates a public water supply system which may be affected by oil and/or hazardous material from any eligible disposal site.

 

(2)   Applicants who do not exist as a legal entity with legal authority to receive, disburse, and be responsible for funds at the time the grant is awarded shall be ineligible.

 

(3)   Any applicant which unreasonably restricts the meaningful participation and involvement of affected individuals shall be ineligible to receive a grant.

 

(4)   Any person liable or potentially liable pursuant to M.G.L. c. 21E, § 5 and any Other Person taking a response action at a disposal site pursuant to M.G.L. c. 21E, § 4 shall be ineligible to receive a grant for that disposal site.

 

40.1454:   Eligible Activities

 

(1)   Eligible activities for grants may include, but are not limited to:

(a)   interpretation, review or critique of technical analyses related to a disposal site as presented in reports developed by or on behalf of the Department, RPs, PRPs, Other Persons, or by other public or private entities.  Such reports may include, but are not limited to:

1.   the scope of work for Phase II; the Phase II Report; the Phase III - Remedial Action Plan; the Phase IV - Remedy Implementation Plan, As-Built Construction Report, and the Final Inspection Report; the Phase V - Inspection and Monitoring Report; and

2.   sampling and analysis plans;

(b)   observation of assessment, sampling or response action activities conducted by the Department, RP, PRP or Other Person.  Such observation shall be conducted in accordance with 310 CMR 40.1454(3);

(c)   analysis of split samples taken by the Department, RP, PRP or Other Person, provided that the grantee's consultant performs testing and analysis which is identical to that performed by the Department, RP, PRP or Other Person;

(d)   health surveys to gather existing information through interviews with, and questionnaires answered by, individuals who may be affected by the disposal site;

(e)   legal advice concerning the public's involvement in response actions;

(f)   public education activities; and

(g)   a reasonable share of funding for voluntary mediation concerning response actions for the disposal site.

 

(2)   The following activities shall be ineligible for grants:

(a)   development of new environmental data;

(b)   development of new medical data;

(c)   organizational development or membership building, except such activities that are incidental to performance of eligible activities;

(d)   litigation or any other adversarial legal proceeding;

(e)   partisan political activity or any activity to further the election or defeat of any candidate for public office; and

(f)   taking or arranging for any response actions at the disposal site.

 

(3)   The following conditions shall be met before initiating eligible activities:

(a)   grantees shall obtain approval from the person(s) responsible for the conduct of the response action at the disposal site and from the owner or operator of the disposal site prior to conducting activities at the disposal site under 310 CMR 40.1454(1)(b) and (c);

(b)   grantees shall comply with the health and safety plan and all operational protocols established for the disposal site; and

(c)   grantees shall not interfere with the efficient, expeditious, and safe conduct of response actions at the disposal site.

 

40.1455:   Notice Provisions

 

(1)   For each funding round, the Department shall publish a notice in the Environmental Monitor and on the Department’s web site announcing the availability of grants, application procedures and deadlines.  The availability of grants shall also be announced by the Department with any List of Disposal Sites published pursuant to 310 CMR 40.0168.

 

(2)   Information about the availability of technical assistance grants shall also be published by the person(s) responsible for the conduct of the response action at the disposal site as part of other public notices published pursuant to this Contingency Plan.

 

40.1456:   Grant Application Process

 

      Grant applications shall be received and evaluated by the Department in accordance with the following procedures:

 

(1)   The Department may establish one or more funding rounds and application periods each year.  The Department may extend any application period at its discretion.  Should an application period be extended, the Department shall publish notice thereof in the Environmental Monitor and on the Department’s web site.

 

(2)   Applications received after the close of the application period shall not be considered for a grant in that funding round.

 

(3)   Grant applications shall be submitted on a Technical Assistant Grant Application Form provided by the Department, together with any other documentation required by the Department.

 

(4)   Any applicant applying for a grant shall submit a Technical Assistance Grant Application Form which shall include the following types of information:

(a)   a detailed description of the applicant's proposed project and a schedule for completing the project;

(b)   a description of the applicant's efforts to identify and include affected individuals, including the applicant’s efforts to publicize its interest in applying for the grant and in soliciting interest by others in joining its efforts;

(c)   a description of the impacts of the disposal site on health, safety, public welfare, and the environment;

(d)   a description of the applicant's history and experience, if any, in conducting activities similar to those proposed in the application;

(e)   a copy of the applicant's by-laws, if any;

(f)   documentation that the applicant will meet the requirements set forth in 310 CMR 40.1453;

(g)   information and documentation describing the background and qualifications of the types of consultants to be employed by the applicant;

(h)   a description of the applicant's procedures for supervision and accountability of experts and for management of grant-funded activities;

(i)   a description of the applicant's procedures for financial management and accounting of grant funds;

(j)   an explanation and schedule indicating how the requirements of 310 CMR 40.1453(2) shall be met if a grant is awarded to the applicant;

(k)   a description of how the grantee will measure the project’s success in meeting its goals and objectives, including a list of specific performance standards that will be used in that evaluation process; and

(l)   if the applicant has ever received a technical assistance grant or grants pursuant to this Contingency Plan, a description of the relationship between any incomplete or unfinished project or projects for which said grant funds were received and the project for which the applicant is currently applying for a grant.

 

(5)   Within each funding round, the Department shall designate a date by which all Applications shall be submitted to the Department.

 

40.1457:   Grant Selection Process

 

(1)   Grant Applications shall be evaluated based upon the criteria set forth in the application package which shall consider without limitation: the proposal’s potential to address a balance between technical education, and community outreach and participation; and the relative impact of the disposal site location on health, safety, public welfare and the environment (including consideration of whether the disposal site location is within an Economic Target Area or area designated as an Environmental Justice Community).

 

(2)   In each funding round, the Department shall rank the applications according to a weighted value assigned for the criteria set forth in the application package.  This ranking shall be used by the Department to establish a grant funding priority list that shall indicate which grants are likely to be funded during that funding round.  The Department may determine the number of grants on the grant funding priority list based on the following considerations:

(a)   the Department's administrative capacity to manage the technical assistant grant program at the time the grant funding priority list is established; and

(b)   the total amount of funding available for the grant program in a given round.

 

(3)   Upon final determination of the Department's grant funding priority list, the Department shall publish the list in the Environmental Monitor and on the Department’s web site.

 

(4)   Following publication of the Department's funding priority list, a copy of the applicant’s evaluation sheet will be made available upon written request.

 

(5)   Any applicant on the grant funding priority list may be bypassed for an award if the Department determines that the applicant is for any reason unable to accept or receive the grant during that funding cycle.  Any application that is bypassed shall not retain its priority rating for future funding rounds.  The next highest ranked application which was otherwise not likely to be funded shall be added to the grant funding priority list for each bypassed application. Each grant funding priority list shall be in effect only during the funding round in which it was established.

 

(6)   Once the grant is awarded, the applicant shall be referred to as the grantee.  A grant shall be deemed awarded when a Grant Agreement is entered into by the Department and the grantee, and the Grant Agreement has been accepted by the Office of the Comptroller.  The Grant Agreement shall consist of the grant offer as executed by the Department and the grant acceptance as executed by the grantee as well as any and all terms and conditions under which the grant is being awarded to the grantee.

 

40.1458:   Payment Method

 

      Payment of a grant award to a grantee shall be made as reimbursement for costs incurred by the grantee and shall be subject to 310 CMR 40.1450 through 40.1462.  The terms and conditions of payment, and all required supporting documentation to be submitted by the grantee prior to payment shall be set forth in the Grant Agreement.

 

40.1459:   Fiscal Management of Grants

 

(1)   The grantee is responsible for complying with 310 CMR 40.1451 through 40.1462 and the terms and conditions contained in the Grant Agreement.  This responsibility shall not be delegated, transferred, or assigned by the grantee.

 

(2)   The grantee shall establish for its project a separate account in a bank with insurance cover-age by the Federal Deposit Insurance Corporation (FDIC).  Project funds and all interest earned on such funds shall be credited to said account and all project payments shall be made from said account.

 

(3)   The grantee shall maintain a financial management system which shall provide for effective control over and accountability for all project funds.  Grantees shall safeguard all such funds and ensure that they are used solely as authorized by the Grant Agreement.

 

40.1460:   Records to be Maintained by Grantees

 

(1)   The grantee shall maintain books, records, documents, and supporting evidence which shall fully explain the source, amount, and disposition of all grant funds.

 

(2)   The grantee shall require its contractors, including contractors for professional services, to maintain accurate books, documents, papers, and records which are pertinent to the project.

 

(3)   The grantee and contractors of the grantee shall retain all records for a period of at least three years from the date of the final grant payment, and longer if required pursuant to 310 CMR 40.1460(5).

 

(4)   The grantee and its contractors shall make records available to the Department at all reasonable times for inspection, copying, and auditing.

 

(5)   The grantee and its contractors shall retain all records relating to disputes until all appeals, litigation, claims, or exceptions arising out of the grantee's project have been fully resolved.

 

40.1461:   Inspection of Projects

 

      The Department may, at a reasonable time and upon reasonable notice, conduct an inspection at any location where a grantee's project is being carried out.

 

40.1462:   Honest Practices

 

(1)   The award and administration of grants shall be accomplished free from bribery, graft, kickbacks and other corrupt or illegal practices.  The grantee bears the primary responsibility for the prevention, detection and cooperation in the prosecution of any such conduct.  State administrative or other legally available remedies shall be pursued to the extent appropriate.

 

(2)   The grantee shall take appropriate actions with respect to any allegations or evidence of such illegality or corrupt practices which are brought to its attention.  The grantee shall advise the Department immediately when such allegations or evidence comes to the grantee's attention, and shall periodically report to the Department the status and ultimate disposition of any such matter.

 

(3)   The grantee shall notify the Department of any material changes to the information provided in the Technical Assistance Grant Application, established in 310 CMR 40.1456(4) and 40.1456(6), at any point after the grant is awarded.

 

(4)   The Department may suspend or terminate grant payments or may revoke a grant at any time if the Department becomes aware of any allegations, evidence or appearance of illegality, corruption, or fraud associated with the award of the grant, compliance or noncompliance with 310 CMR 40.1451 through 40.1462 or the Grant Agreement between the Department and the grantee, or expenditure of funds for the project.  In the event that a grant is revoked, the grantee shall be responsible for returning to the Commonwealth all grant funds.

 

(5)   The Department may make a factual determination at any time that a project is not being carried out in accordance with 310 CMR 40.0000, M.G.L. c. 21E, or any other law or regulation.  If the Department makes such a determination, then the Department shall notify the grantee of the withdrawal of all grant funds, and may demand the return of the entire amount of the grant, or at the election of the Department, the unused portion of the grant funds, which shall be due immediately, or within five days of receipt of the notice by the grantee.  Failure of the grantee to comply with 310 CMR 40.1462 shall subject the grantee to all civil, criminal and administrative remedies of the Commonwealth, including interest in the amount of 12% annum which shall accrue beginning on the fifth day after notice was received by the grantee.

 

(6)   If the Department makes a determination that any of the grant funds are not used in accordance with the terms of the grant or any of the provisions of this Contingency Plan, M.G.L. c. 21E, or any other law or regulation, then the grantee shall be held liable to the Commonwealth for the return of the entire amount of the grant, including interest at a rate of 12% per annum from the date of such determination.

 

(7)   If the Department has made a determination pursuant to 310 CMR 40.1462(4), and the grantee has not returned the amount of the grant upon demand plus any accrued interest, then at the Department's election, the demanded amount shall be deducted, plus any accrued interest, from the local aid appropriation to be made to any grantee that is a city, town, agency, or any district or other body politic that owns or operates a public water supply system pursuant to M.G.L. c. 58, § 20.

 

(8)   The grantee shall include the following provisions in all contracts with its contractors which are funded, in full or in part, by a grant award:

(a)   The contractor shall not accept compensation, financial or otherwise, for his or her services pertaining to the disposal site from any person having significant conflicting or adverse interests to those of the grantee unless the circumstances are fully disclosed to, and agreed to, by the grantee and all other persons engaging the contractor with regard to the disposal site; and

(b)   In the event that the contractor has, develops or acquires any business association, direct or indirect financial interest, or other circumstances which is substantial enough to create an impression of influencing his or her judgement in connection with his or her performance of services provided to the grantee, the contractor shall fully disclose in writing to the grantee the nature of the business association, financial interest or circumstance.  If the grantee objects to such business association, financial interest or circumstance, the contractor shall offer to terminate, at his or her discretion, either the business association, financial interest or circumstance, or his or her engagement with regard to the grantee.