Section 40.0956 - Substantial Hazard Evaluation(1) The focus of a Substantial Hazard Evaluation shall be on possible exposures to Human and Environmental Receptors, considering the current use(s) of the disposal site and the surrounding environment and, where applicable, any Activity and Use Limitation for the site. A Substantial Hazard Evaluation shall not include fish consumption where a fish advisory has been put in place by the Commonwealth of Massachusetts or the federal government and the public is fully informed of the advisory by signage and/or other communication media. (a) A condition of No Substantial Hazard to Health would exist if, for an appropriate Exposure Period, no Cumulative Receptor Cancer Risk and no Cumulative Receptor Noncancer Risk is greater than the Cumulative Receptor Risk Limits specified at 310 CMR 40.0993(6);(b) The period of exposure to be considered shall be equal to or greater than the time from Notification to the date that the Substantial Hazard evaluation is conducted, plus five years; and(c) A quantitative evaluation of human health risk is not required if there is no current exposure to oil and/or hazardous material at the disposal site.(2) The focus of an Ecological Substantial Hazard Evaluation shall be on any environmental resource areas, such as wetlands, aquatic and terrestrial habitats, and fisheries that exist at a site. A condition of No Substantial Hazard to the Environment would exist if steps have been taken to eliminate or mitigate the following conditions, where applicable, affecting an environmental resource at a site: (a) Evidence of stressed biota attributable to the release at the disposal site including, without limitation, fish and wildlife kills or abiotic conditions;(b) The visible presence of oil, tar or other separate phase hazardous material in soil within three feet of the ground surface over an area equal to or greater than two acres, or over an area equal to or greater than 1000 square feet in sediment within one foot of the sediment surface;(c) Continuing discharge of contaminated groundwater to surface water where the surface water concentrations of the oil or hazardous material attributable to the release already exceed Massachusetts Surface Water Quality Standards;(d) Continuing discharge of contaminated groundwater to surface water where surface water and/or sediment concentrations of Oil and/or Hazardous Material attributable to the release already pose a significant risk;(e) Migration of oil or hazardous material to additional environmental media or resource area where resultant exposures would have the potential to pose a significant risk of harm in the future; and(f) Ecological risk or harm such that recovery would be substantially more difficult or would require more time if conditions were to remain unremediated for even a short period of time.(3) No assessment of Substantial Hazard is required if a condition of No Significant Risk exists and the site meets the requirements for a Permanent Solution.Amended by Mass Register Issue 1407, eff. 12/27/2019.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.