Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0165 - Departmental Requests for Information (RFI)

Current through Register 1525, July 5, 2024
(1) Upon reasonable request, any person shall
				furnish information, and provide the Department access to any and all
				documents, material to a release or threat of release of oil and/or hazardous
				material or any site or other location where oil and/or hazardous material is
				or might be located. The Department may request any person to furnish such
				information through the issuance of a Request for Information.
(2) The Department may require any person to
				whom a Request for Information is directed to promptly amend or supplement any
				response thereto upon such person's obtaining new information which is material
				to the RFI or to correct any errors or omissions in any response thereto later
				discovered by such person. Such a requirement may be imposed in the RFI
				itself.
(3) A person to whom a
				Request for Information is directed shall separate those parts of each and
				every document responsive to such request which such person claims are
				protected from disclosure from those parts of the documents to which such
				person makes no such claim; provided, however, that if such person claims that
				a document sought, or any part thereof, is a trade secret protected from
				disclosure, such person shall submit the entire document to the Department
				together with a request for confidentiality in accordance with
				310 CMR
				3.00. If a person to whom an RFI is directed claims a
				document sought, or any part thereof, is protected from disclosure, such person
				shall submit to the Department those parts which he or she does not claim are
				entitled to protection with a statement as to the nature of the protected
				information and the basis for the claim that the information is protected from
				disclosure.
(4) For each and every
				document requested that a person to whom a RFI is directed claims is not in his
				or her possession, custody or control, such person shall submit a statement in
				response thereto to the effect that he or she does not have the information
				requested and, if he or she has such knowledge, identify the person or persons
				from whom the information may be obtained.
(5) RFIs may be made orally or in writing. If
				the Department issues an oral RFI, the Department shall follow up that request
				with a written RFI. Each written RFI shall include, without limitation, the
				following:
(a) a description of the
				information requested and/or documents to which the Department is seeking
				access;
(b) a reasonable deadline
				for providing the information requested or access sought;
(c) the name, address and telephone number of
				the Department's employee(s), agent(s), representative(s) or contractor(s) to
				whom the information requested or access sought shall be provided;
				and
(d) notice to the person to
				whom the RFI is directed of his or her obligations under M.G.L. c. 21E,
				§§ 2, 4 and 8, and 310 CMR 40.0165(1) through (4).