Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 23.00 - Brownfields covenant not to sue agreements › Section 23.02 - Definitions

Current through Register 1525, July 5, 2024
Activity and Use Limitation
shall have
				the same meaning as that set forth in M.G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.
Affected Third Parties
means those
				Persons with potential claims against an Applicant for contribution, Response
				Action costs or for property damage pursuant to M.G.L. c. 21E or for property
				damage under the common law, who have received notice and an opportunity to
				join a Brownfields Covenant Not to Sue Agreement pursuant to
				940 CMR
				23.04(2), provided that,
				with respect to an Applicant who is not an Eligible Person, a Person shall not
				be considered an Affected Third Party for purposes of determining whether his
				or her rights to bring a claim for contribution, Response Action costs or for
				property damage pursuant to M.G.L. c. 21E or for property damage under the
				common law have been affected by a Brownfields Covenant Not to Sue Agreement
				unless he or she has received notice in hand or by registered mail, return
				receipt.
Applicant
means a Person seeking to
				enter into a Brownfields Covenant Not to Sue Agreement with the
				Commonwealth.
Attorney General
means the Attorney
				General or his or her designee.
Brownfields Covenant Not to Sue
				Agreement
or
Agreement
means an agreement
				authorized by M. G.L. c. 21 E, § 3A(j)(3), entered into between the
				Commonwealth and a current or prospective Owner or Operator of a Site.
Date of Application
means the date of
				delivery of an application to enter into a Brownfields Covenant by mail or hand
				to the Office of the Attorney General.
Development Plan
means a plan
				submitted in accordance with
				940 CMR
				23.04(2).
Downgradient Property Status
shall
				have the same meaning as that used in
				310 CMR
				40.0180.
Economically Distressed Area
shall
				have the same meaning as that set forth in M.G.L. c. 21E, § 2.
Eligible Brownfields Project
means a
				development project on a Site or portion of a Site that will contribute to the
				economic or physical revitalization of the community in which the Site is
				located by providing one or more of the following public benefits:
(a) new, permanent jobs;
(b) affordable housing benefits;
(c) historic preservation;
(d) the creation or revitalization of open space; or
(e) some other public benefit to the community in which the
				Site that includes the project is located, as determined by the Attorney
				General.
A project that provides any of the benefits listed in 940 CMR
				23.02:
Eligible Brownfields Project
(a) through (d)
				will be presumed to contribute to the economic or physical revitalization of
				the community in which it is located. A project that has support from the chief
				executive officer of the municipality in which the project is located will be
				presumed to contribute to the economic or physical revitalization of the
				community in which it is located.
Eligible Person
shall have the same
				meaning as that set forth in M.G.L. c. 21E, § 2.
Eligible Person Certification
means a
				certification made on a form prescribed by the Attorney General that is
				designed to provide the Attorney General with a basis for evaluating whether an
				Applicant who wishes to be considered an Eligible Person is an Eligible Person.
				The certification shall describe the periods of the Applicant's ownership or
				operation of the Site that is the subject of the Agreement, the nature of the
				Applicant's activities at the Site, and the use that the Applicant made of Oil
				or Hazardous Materials at the Site, and it shall provide such other information
				deemed by the Attorney General to be relevant in evaluating whether the
				Applicant is an Eligible Person. The certification shall be signed under pains
				and penalties of perjury by the Applicant's employee(s) with the most knowledge
				of the issues that are the subject matter of the certification.
Environmental Monitor
means the publication of that name issued by the Massachusetts Environmental
				Policy Act (MEPA) Unit of the Massachusetts Executive Office of Energy and
				Environmental Affairs.
Exposure
shall have the same meaning
				as that set forth in M.G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.
Feasible
shall have the same meaning
				as that used in
				310 CMR
				40.0860.
Hazardous Material
shall have the same
				meaning as that set forth in M.G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.
Licensed Site Professional
means a
				waste site cleanup professional licensed pursuant to M.G.L. c. 21A,
				§§ 19 through 19J.
MCP
means the regulations promulgated
				by the Department of Environmental Protection that are known as the
				Massachusetts Contingency Plan, and that appear at 310 CMR 40.0000.
Notice of Responsibility
shall have
				the same meaning as that set forth in
				310 CMR
				40.0006.
Notice of Rights of Affected Third
				Parties
means the notice form that Applicants must complete and
				distribute pursuant to 940 CMR 23. 04(2) if they are seeking liability
				protection against third party claims for contribution, Response Action costs
				or for property damage pursuant to M.G.L. c. 21E or for property damage under
				the common law.
Oil
shall have the same meaning as
				that set forth in M.G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.
Operator
shall have the same meaning
				as that set forth in M.G.L. c. 21E, § 2.
Owner
shall have the same meaning as
				that set forth in M.G.L. c. 21E, § 2.
Permanent Solution
shall have the same
				meaning as that set forth in
				310 CMR
				40.0006.
Person
shall have the same meaning as
				that set forth in M. G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.
Proposed Remediation Status
means the
				level of remediation proposed by an Applicant for the Site that is the subject
				of the Brownfields Covenant Not to Sue Agreement, including a Permanent
				Solution, Remedy Operation Status, or Temporary Solution.
Release
shall have the same meaning as
				that set forth in M.G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.
Release Tracking Number
shall have the
				same meaning as that set forth in
				310 CMR
				40.0006.
Remedy Operation Status
shall have the
				same meaning as that set forth in M.G.L. c. 21E, § 2, and used in
				310 CMR
				40.0893.
Response Action
shall have the same
				meaning as that set forth in M.G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.
Secretary of Energy and Environmental
				Affairs
means the Secretary of the Massachusetts Executive Office
				of Energy and Environmental Affairs or his or her designee.
Site
shall have the same meaning as
				that set forth in M.G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.
Standard of Care
shall have the same
				meaning as that set forth in M. G.L. c. 21E, § 2.
Subsequent Owner or Operator
means a
				Person who first begins ownership or operation of the property that is subject
				to a Brownfields Covenant Not to Sue Agreement subsequent to execution of that
				Agreement.
Temporary Solution
shall have the same
				meaning as that set forth in
				310 CMR
				40.0006.
Threat of Release
shall have the same
				meaning as that set forth in M.G.L. c. 21E, § 2, and in
				310 CMR
				40.0006.