Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart B - ORGANIZATION AND RESPONSIBILITIES › Section 40.0101 - Role of the Department in Response Actions

Current through Register 1525, July 5, 2024
(1) The
				Department may, without limitation:
(a) review
				and evaluate reports of releases or threats of release of oil and/or hazardous
				material and Imminent Hazards and, when reasonably necessary, perform or
				arrange for the performance of one or more response actions;
(b) collect or oversee the collection of
				pertinent facts regarding releases or threats of release of oil and/or
				hazardous material;
(c) require
				persons undertaking response actions to collect pertinent facts regarding
				releases or threats of release of oil and/or hazardous material;
(d) perform or arrange for performance of
				response actions by the Department, and/or RPs, PRPs or Other
				Persons;
(e) establish Interim
				Deadlines for the completion of response actions;
(f) issue permits, including, but not
				limited, to approvals and conditional approvals, to persons seeking to carry
				out response actions at those sites for which a permit is required by M.G.L. c.
				21E and
				310
				CMR 40.0000;
(g) coordinate and oversee response actions
				conducted by RPs, PRPs or Other Persons to assure the consistency of the
				response actions with M.G.L. c. 21E and
				310
				CMR 40.0000;
(h) audit response actions not overseen or
				conducted by the Department;
(i)
				establish an administrative record upon which the selection of a response
				action is based;
(j) conduct or
				oversee, and/or require persons carrying out one or more response actions to
				conduct, Public Involvement Activities;
(k) conduct enforcement and seek
				reimbursement and compensation to which the Commonwealth is entitled pursuant
				to M.G.L. c. 21E;
(l) provide
				Technical Assistance Grants to eligible applicants in accordance with
				310
				CMR 40.1400;
(m) seek the resources of federal or other
				state agencies or local governments to respond to releases or threats of
				release of oil and/or hazardous material;
(n) authorize persons to enter any site, or
				other location to be investigated as a possible disposal site, not owned or
				operated by him or her for the purpose of performing one or more response
				actions upon the consent of the owner or operator thereof, in accordance with
				310
				CMR 40.0173;
(o) request persons to provide information to
				the Department with respect to a release or threat of release or any site or
				other location where oil and/or hazardous material is or might be
				located;
(p) acquire real property,
				or any interest therein, by purchase, gift or lease, or by eminent domain under
				the provisions of M.G.L. c. 79, if necessary to carry out the purposes of
				M.G.L. c. 21E;
(q) restrict the use
				of property that is or was a site, and modify or release such restrictions, if
				necessary to carry out the purposes of M.G.L. c. 21E;
(r) record, or cause, allow or require the
				owner of property that is or was a site to record, notice of the restrictions
				of the use of the property, or of the modification or release of the
				restrictions, in accordance with M.G.L. c. 21E, § 6;
(s) publish and maintain lists of Location to
				be Investigated and disposal sites;
(t) conduct compliance assistance to provide
				guidance to persons undertaking response actions to assist such persons in
				achieving compliance with M.G.L. c. 21E,
				310
				CMR 40.0000 and other applicable
				requirements;
(u) specify
				requirements to prevent and control, and to counter the effects of, releases or
				threats of release of oil and/or hazardous material, in accordance with M.G.L.
				c. 21E, § 6. Such requirements may include, without limitation, but
				without duplication of requirements prescribed in other programs of the
				Department, the preparation of contingency plans, the acquisition,
				construction, maintenance and operation of equipment, facilities and resources
				for the monitoring, prevention and control of releases, and the staffing and
				training of personnel regarding the prevention and control of releases of oil
				or hazardous material; and
(v) take
				any other action authorized by M.G.L. c. 21E and/or
				310
				CMR 40.0000 as it deems reasonably
				necessary.