Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0184 - Effect of Providing a Downgradient Property Status Submittal or a Modification of a Down gradient Property Status Submittal

Current through Register 1525, July 5, 2024
(1) Any person who establishes and maintains
				Downgradient Property Status in accordance with the requirements and procedures
				in 310 CMR 40.0180 shall not be
				subject to the subsequent deadlines for Tier Classification and Comprehensive
				Response Actions in
				310
				CMR 40.0500, unless and until such Status is
				terminated in accordance with
				310
				CMR 40.0186.
(2) Upon receipt of a Downgradient Property
				Status Submittal or a Modification of a Downgradient Property Status Submittal
				filed in accordance with
				310
				CMR 40.0183 or
				40.0187, respectively, the
				Department shall suspend the assessment of Tier I or Tier II annual compliance
				assurance fees, if applicable, on the person making such Submittal; provided,
				however, that payment of such fees shall be required for the billable year in
				which the Submittal is provided to the Department, except as provided in
				310
				CMR 4.03:
Annual Compliance Assurance
				Fee
.
(3) The provision of
				a Downgradient Property Status Submittal, or a Modification of a Downgradient
				Property Status Submittal, to the Department shall not relieve any person from
				any prospective obligation to provide notification in accordance with
				310
				CMR 40.0300 or to perform Immediate Response
				Actions required by
				310
				CMR 40.0410. Any person providing a
				Downgradient Property Status Submittal, or a Modification of a Downgradient
				Property Status Submittal, to the Department may perform Release Abatement
				Measures in accordance with
				310
				CMR 40.0440, Utility-related Abatement
				Measures in accordance with
				310
				CMR 40.0460, and/or a Phase I - Initial Site
				Investigation Activities in accordance with
				310
				CMR 40.0480.
(4) The provision of a Downgradient Property
				Status Submittal, or a Modification of a Downgradient Property Status
				Submittal, to the Department shall not relieve any person from any obligation
				for the cost of response actions related to the disposal site for which that
				person is legally responsible or in any way affect any legal or equitable right
				of the Department to issue any future order with respect to the disposal site
				that is the subject of the Submittal or any other claim, action, suit, cause of
				action or demand which the Department may have with respect to the disposal
				site, except as provided by 310 CMR 40.0184(1).
(5) No provision in
				310
				CMR 40.0180 shall be construed to relieve any
				person from any obligation to conduct response actions in response to any
				release of oil and/or hazardous material which does not meet the criteria in
				310
				CMR 40.0183(2)(b).
(6) The provision of a Downgradient Property
				Status Submittal, or a Modification of a Downgradient Property Status
				Submittal, to the Department pursuant to
				310
				CMR 40.0183 or
				310
				CMR 40.0187, respectively, shall not be
				construed as, or operate as, barring, diminishing, or in any way affecting any
				legal or equitable right, defense, claim, demand or cause of action that the
				person providing such Submittal may have under applicable law.