reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1099 - Forms for Activity and Use Limitations

Current through Register 1525, July 5, 2024
Form 1072A: Grant of Environmental Restriction
Form 1072B: Subordination Agreement
Form 1075: Notice of Activity and Use Limitation
Form 1082A: Amendment to Grant of Environmental
				  Restriction
Form 1082B: Amendment to Notice of Activity and Use
				  Limitation
Form 1083A: Partial Release of Grant of Environmental
				  Restriction
Form 1083B: Partial Termination of Notice of Activity and Use
				  Limitation
Form 1084A: Release of Grant of Environmental Restriction
				  (pursuant to
				  310
				  CMR 40.1083(1)(a))
Form 1084B: Termination of Notice of Activity and Use
				  Limitation (pursuant to
				  310
				  CMR 40.1083(1)(a))
Form 1084C: Termination of Notice of Activity and Use
				  Limitation (pursuant to
				  310
				  CMR 40.1083(1)(b))
Form 1084D: Termination of Notice of Activity and Use
				  Limitation (pursuant to
				  310
				  CMR 40.1083(1)(c))
Form 1084E: Release of Grant of Environmental Restriction
				  (pursuant to
				  310
				  CMR 40.1083(2))
Form 1072A
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Form 1072B
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Form 1075
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Form 1082A
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Form 1082B
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Form 1083A
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Form 1083B
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Form 1084A
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Form 1084B
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Form 1084C
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Form 1084D
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Form 1084E
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Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1101 - Purpose, Scope and Applicability

Current through Register 1525, July 5, 2024
(1) The
				regulations published at 310 CMR 40.1101 through
				40.1199, collectively
				referred to as
				310
				CMR 40.1100, establish procedures for the
				Department to audit a sufficient number of response actions not overseen or
				conducted by the Department to ensure that those response actions are performed
				in compliance with M.G.L. c. 21E,
				310
				CMR 40.0000, and any other requirement
				applicable to such response actions.
(2) During each fiscal year, the Department
				shall audit a statistically significant number of all sites, as determined by
				the Department, for which annual compliance assurance fees are required to be
				paid pursuant to M.G.L. c. 21E, § 3B. The Department may establish
				additional audit targets for categories of persons, response actions or sites
				based on the level of Department oversight provided to each category.
(3) In its audit of any response action
				submittal, the Department shall base its finding of any violation or assessment
				of a penalty on the Massachusetts Contingency Plan and Response Action
				Performance Standard in effect at the time of its receipt of the
				submittal.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1110 - Selection of Persons, Response Actions and Sites for Audit

Current through Register 1525, July 5, 2024
(1) The Department may conduct an audit of
				any RP, PRP, Other Person, response action or site in accordance with
				310
				CMR 40.1100. The Department selects persons,
				response actions and sites for audit randomly (Random Audits) and by
				criteria-specific methods (Targeted Audits).
(2) Except as provided in 310 CMR 40.1110 (3)
				and (4), the Department may initiate an audit of any specific RP, PRP, Other
				Person, response action or site without any limitation as to time.
(3) Except as provided in 310 CMR 40.1110(5),
				the Department shall not initiate a Random Audit with respect to any specific
				person, response action or site after two years has passed since the date of
				the Department's receipt of:
(a) a Permanent
				Solution Statement; or
(b) an LSP
				Evaluation Opinion stating that the requirements for a Permanent Solution have
				been achieved from such person and/or pertinent to such response action and/or
				site. Except as expressly provided by 310 CMR 40.1110, shall not be construed
				to limit the Department's authority to initiate a Targeted Audit of any person,
				response action or site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1120 - Audit Activities

Current through Register 1525, July 5, 2024
(1) During an
				audit, the Department may do the following:
(a) examine documents within the Department's
				records;
(b) request that the
				person who has performed the response action provide a written explanation, or
				other supporting evidence, to demonstrate compliance with M.G.L. c. 21E,
				310
				CMR 40.0000, and other applicable
				requirements;
(c) request that the
				person who has performed the response action that is the subject of the audit
				appear at one of the Department's offices to discuss response actions and
				provide supporting evidence to demonstrate compliance with M.G.L. c. 21E,
				310
				CMR 40.0000, and other applicable
				requirements;
(d) enter and inspect
				a site or other location to determine whether an RP, PRP, Other Person,
				response action or site is in compliance with M.G.L. c. 21E,
				310
				CMR 40.0000, and other applicable
				requirements;
(e) investigate, take
				samples at a site and inspect records, conditions, equipment or practices
				material to the response action or property related to the site; and
(f) take any other actions the Department
				deems necessary to determine whether response actions have been performed in
				compliance with M.G.L. c. 21E,
				310
				CMR 40.0000, and other applicable
				requirements.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1130 - Initiation of Audit

Current through Register 1525, July 5, 2024
Prior to undertaking an audit activity other than an
				  examination of documents within the Department's records, or within other
				  public records, the Department shall provide reasonable Notice of Audit to the
				  person who has performed response actions at the site that the site has been
				  selected for audit. Such notice shall include the following information:
(1) the name and location of the
				site;
(2) the Release Tracking
				Number(s);
(3) the scope of the
				audit and the type of audit activities to be performed;
(4) the location at which the audit will be
				conducted; and
(5) any other
				notice, information or request the Department deems appropriate.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1131 - Response Actions during Audits

Current through Register 1525, July 5, 2024
Persons who have been notified of the initiation of an audit
				  may continue to conduct response actions during the course of an audit, unless
				  otherwise ordered by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1140 - Notice of Audit Findings

Current through Register 1525, July 5, 2024
(1) Except with
				respect to an audit that consists solely of an examination of documents within
				the Department's records or in other public records, the Department shall issue
				a Notice of Audit Findings at the conclusion of an audit. Such notice shall
				include the following information:
(a) the
				name and location of the site;
(b)
				the Release Tracking Number(s);
(c)
				a statement as to the type of audit performed;
(d) a statement as to whether the Department,
				on the basis of the information reviewed during the audit and in reliance upon
				the accuracy of that information, identified any violations or
				deficiencies;
(e) an Interim
				Deadline by which violations and/or deficiencies shall be corrected;
(f) an Interim Deadline by which an Audit
				Follow-up Plan, if such a plan is required, shall be submitted; and
(g) any other information or request the
				Department deems appropriate.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1160 - Audit Follow-up Plans

Current through Register 1525, July 5, 2024
(1) At or prior to
				the issuance of a Notice of Audit Findings, the Department may require that a
				RP, PRP or Other Person submit for its approval a written Audit Follow-up Plan
				setting forth how and when such person proposes to confirm, demonstrate or
				achieve compliance with M.G.L. c. 21E,
				310
				CMR 40.00 OO and/or any applicable
				requirements.
(2) Each Audit
				Follow-up Plan shall be submitted to the Department using a form established by
				the Department for such purpose, and shall include, at a minimum, the following
				information:
(a) a description of the
				activities that will be taken;
(b)
				the objective of, and proposed schedule for, each element of the
				plan;
(c) the name, registration
				number, signature and seal of the Licensed Site Professional who prepared the
				Audit Follow-up Plan; and
(d) the
				certification set forth in
				310
				CMR 40.0009.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1170 - Post-audit Completion Statements

Current through Register 1525, July 5, 2024
(1)
				Upon completion of the activities required by the Department in a Notice of
				Audit Findings or any approved Audit Follow-up Plan, the RP, PRP or Other
				Person undertaking such activities shall submit a Post-audit Completion
				Statement to the Department using a form established by the Department for such
				purpose.
(2) Each Post-Audit
				Completion Statement shall include the following information:
(a) an LSP Opinion as to whether the response
				actions required by the Notice of Audit Findings and any approved Audit
				Follow-up Plan have been completed in accordance with M.G.L. c. 21E,
				310
				CMR 40.0000, the terms of any Department
				approval, and any other applicable laws and requirements;
(b) a description of the response actions
				completed pursuant to the Notice of Audit Findings and any approved Audit
				Follow-up Plan;
(c) the
				investigatory and monitoring data obtained, if any, during the implementation
				of such response actions;
(d) any
				other information required by the Department in the Notice of Audit Findings or
				any approved Audit Follow-up Plan; and
(e) a description of additional response
				activities, if any, necessary to confirm, demonstrate or achieve compliance
				with the requirements stated in the Notice of Audit Findings or any approved
				Audit Follow-up Plan.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart K - AUDITS › Section 40.1190 - Reservation of Rights

Current through Register 1525, July 5, 2024
(1) No provision of
				310
				CMR 40.1100 shall be construed to relieve any
				person from any obligation for Response Action Costs or damages related to a
				site or disposal site for which that person is liable under M.G.L. c. 21E or
				from any obligation for any administrative, civil or criminal penalty, fine,
				settlement, or other damages.
(2)
				No provision of
				310
				CMR 40.1100 shall be construed to limit the
				Department's authority to take or arrange, or to require any RP or PRP to
				perform, any response action authorized by M.G.L. c. 21E which the Department
				deems necessary to protect health, safety, public welfare or the
				environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1200 - Cost Recovery

Current through Register 1525, July 5, 2024
(1) The regulations
				published at
				310
				CMR 40.1201 through
				310
				CMR 40.1249, cited collectively as 310 CMR
				40.1200, set forth procedures for recovery of Response Action Costs by or on
				behalf of the Commonwealth.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1201 - Purpose, Scope and Applicability

Current through Register 1525, July 5, 2024
(1)
									310
				CMR 40.1200 does not apply to any other
				compensation, recovery or reimbursement to which the Commonwealth may be
				entitled, or to any compensation, recovery or reimbursement to which any person
				other than the Commonwealth may be entitled, except as provided by M.G.L. c.
				21E, § 3A<j)(2) or M.G.L. c. 21E, § 3B.
(2) The provisions of
				310
				CMR 40.1200 shall apply to Response Action
				Costs incurred on or after October 1, 1993. Nothing in
				310
				CMR 40.1200 shall prevent the Commonwealth
				from recovering Response Action Costs incurred prior to October 1,
				1993.
(3) Neither
				310
				CMR 40.1200 nor any other provision of this
				Contingency Plan is intended to provide procedures for the recovery of costs or
				damages by private persons.
(4)
				These provisions shall not apply to a RP, PRP or Other Person who:
(a) has paid in full annual compliance
				assurance fees, including interest if and when applicable, in accordance with
				310 CMR
				4.00:
Timely Action Schedule and Fee
				Provisions
, if the Response Action Costs were incurred during the
				period for which such annual compliance assurance fees were required to be paid
				for the response action(s) at or for the site; and
(b) is performing response actions at the
				site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1202 - General Provisions

Current through Register 1525, July 5, 2024
The Department shall collect and maintain documentation of
				  response actions and Response Action Costs. The documentation shall form the
				  basis for recovery of Response Action Costs. The circumstances of every release
				  or threat of release of oil and/or hazardous material which is the subject of a
				  response action shall be compiled and maintained in records. Such records shall
				  contain a description of response actions taken, any RPs or PRPs identified,
				  and an accounting of costs incurred by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1220 - Recovery of Response Action Costs Incurred in Response Actions

Current through Register 1525, July 5, 2024
The provisions set forth in 310 CMR 40.1220 and
				  310
				  CMR 40.1221 shall govern the Commonwealth's
				  recovery of Response Action Costs incurred pursuant to this Contingency
				  Plan.
(1)
Response Action
				Costs
. Response Action Costs with regard to a specific site shall
				be calculated so as to reflect the actual cost of the Department's response
				actions. Such Costs shall be calculated as follows:
(a) The total number of Direct Hours expended
				by each employee of the Department with regard to a specific site shall be
				multiplied by the employee's hourly rate, and then the figures derived for each
				Department employee shall be added together;
(b) To the figure derived in 310 CMR
				40.1220(1)(a) shall be added a figure derived by multiplying the total number
				of Direct Hours expended by all employees of the Department with regard to a
				specific site by the current Indirect Rate, which shall be calculated in
				accordance with
				310
				CMR 40.1221; and
(c) All payments made by the Department to
				its Contractors, grantees or agents to plan, manage, direct or perform response
				actions with regard to a specific site shall be added to the figure derived
				pursuant to 310 CMR 40.1220(1)(a) and (b).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1221 - Calculation of Indirect Rate

Current through Register 1525, July 5, 2024
(1) The
				Indirect Rate shall be recalculated in conformance with and on the same
				schedule as that utilized by
				310 CMR
				4.00:
Timely Action Schedule and Fee
				Provisions
.
(2) Commencing
				October 1, 1993, and continuing until the Indirect Rate is changed pursuant to
				310 CMR 40.1221(1), the Indirect Rate shall be $27.31 per Direct
				Hour.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1250 - Procedures for Liens

Current through Register 1525, July 5, 2024
The regulations published at 310 CMR 40.1250 through
				  310
				  CMR 40.1259, cited collectively as 310 CMR
				  40.1250, set forth procedures for recording, registering and filing liens
				  authorized by M.G.L. c. 21E, § 13.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1251 - Notice of Intent to Perfect a Lien

Current through Register 1525, July 5, 2024
Whenever the Department intends to record, register or file a
				  lien on real or personal property pursuant to M.G.L. c. 21E, § 13, the
				  Department shall provide a notice of such intent to any owner of the property
				  whose name and address is known to the Department as of 21 days prior to the
				  date the Department provides such notice of intent, and also to the following
				  persons who have a Property Interest in the property over which the
				  Department's lien will have priority pursuant to M.G.L. c. 21E,
				  §13:
(1) persons having a
				recorded or registered Property Interest in the property whose name and address
				is known to the Department as of 21 days prior to the date the Department
				provides such notice of intent;
(2)
				persons having an unrecorded or unregistered Property Interest in the property
				whose interest, name and address is known to the Department as of 21 days prior
				to the date the Department provides such notice of intent; and
(3) persons having an unrecorded or
				unregistered Property Interest in the property whose interest, name and/or
				address is unknown to the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1252 - Content of Notice of Intent to Perfect a Lien

Current through Register 1525, July 5, 2024
Each Lien Notice shall include all of the following:
(1) a statement of the Department's statutory
				and regulatory authority to record, register or file the lien;
(2) a concise statement of the alleged
				factual and legal basis for the lien, including a description of the property
				and any debt to the Commonwealth;
(3) a statement that any owner of the
				property and any person having a Property Interest in the property over which
				the lien will have priority pursuant to M.G.L. c. 21E, § 13 has a right to
				an adjudicatory hearing on such perfection;
(4) a statement of the requirements that must
				be complied with by a person having a right to an adjudicatory proceeding
				pursuant to
				310
				CMR 40.1254 in order to avoid being deemed to
				have waived his or her right to such adjudicatory hearing; and
(5) a statement of how and when the debt owed
				must be paid to avoid perfection of the lien.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1253 - Service of Notice of Intent to Perfect a Lien

Current through Register 1525, July 5, 2024
Each Lien Notice shall be served by one or more of the
				  following methods:
(1) Service in hand
				at the person's last known address or at the last known address of any officer,
				employee, or agent of the person authorized by appointment of the person or by
				law to accept service.
(2) Service
				in hand personally to the person, or to any officer, employee, or agent of the
				person authorized by appointment of the person or by law to accept
				service.
(3) By certified mail,
				return receipt requested, addressed to the person's last known address, or to
				the last known address of any officer, employee, or agent of the person
				authorized by appointment of the person or by law to accept service.
(4) With respect to any person having an
				unrecorded or unregistered Property Interest in the property whose name and/or
				address is unknown to the Department, by publication in a newspaper of general
				circulation serving the community where the property is located.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1254 - Right to Adjudicatory Hearing

Current through Register 1525, July 5, 2024
Subject to the provisions of
				  310
				  CMR 40.1255, whenever the Department seeks to
				  perfect a lien on any real or personal property, the following persons shall
				  have the right to an adjudicatory hearing:
(1) any owner of the property;
(2) any other person having a recorded or
				registered Property Interest in the property over which the lien will have
				priority pursuant to M.G.L. c. 21E, § 13; and/or
(3) any person having an unrecorded or
				unregistered Property Interest in the property over which the lien will have
				priority pursuant to M.G.L. c. 21E, § 13.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1255 - Waiver of Right to Adjudicatory Hearing

Current through Register 1525, July 5, 2024
Any person who has a right to an adjudicatory hearing
				  pursuant to
				  310
				  CMR 40.1254 shall be deemed to have waived
				  the right to an adjudicatory hearing, unless the Department receives from such
				  person a written statement that denies that the Department has a basis to
				  perfect the lien, and does so subject to and in compliance with applicable
				  provisions of
				  310 CMR
				  1.00:
Adjudicatory Proceedings
,
				  within 21 days of the following:
(a)
				with respect to the notice required by
				310
				CMR 40.1251(1) or (2), the
				date of issuance of the notice in accordance with
				310
				CMR 40.1253(1), (2) or (3);
				or
(b) with respect to the notice
				required by
				310
				CMR 40.1251(3), the date of
				publication of the notice in accordance with
				310
				CMR 40.1253(4).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1256 - Conducting the Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1)
				Every adjudicatory hearing conducted pursuant to M.G.L. c. 21E, and
				310
				CMR 40.1250 shall be conducted in accordance
				with all applicable provisions of M.G.L. c. 30A, and
				310 CMR
				1.00:
Adjudicatory Proceedings
,
				provided however, that to the extent such provisions are inconsistent with
				M.G.L. c. 21E, and
				310
				CMR 40.1250, the provisions of M.G.L. c. 21E,
				and 310 CMR 40.1250 shall
				apply.
(2) The Department shall not
				be required to prove any facts alleged by the Department in the Lien Notice
				unless such facts are expressly denied in the statement filed pursuant to
				310
				CMR 40.1255.
(3) If, in the statement filed pursuant to
				310
				CMR 40.1255, the person filing such statement
				denies one or more facts, the Department shall demonstrate a reasonable
				likelihood that such fact or facts is true or exists.
(4) Damage to the environment, as defined in
				M.G.L. c. 214A, § 7, will not be at issue during the conduct of hearings
				pursuant to
				310
				CMR 40.1250.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1257 - Reservation of Rights

Current through Register 1525, July 5, 2024
No provision of
				  310
				  CMR 40.1250 shall be construed to limit or
				  waive the Department's rights to commence a civil action for the purposes of
				  obtaining an order or decree authorizing the recording, registering or filing
				  of a lien pursuant to M.G.L. c. 21E, § 13 including, but not limited to,
				  the commencement of an
ex parte
proceeding in the event of
				  exigent or other circumstance that would render real or personal property
				  unavailable to satisfy an eventual judgment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1260 - Petitions for Reimbursement of Incurred Costs

Current through Register 1525, July 5, 2024
The regulations published at 310 CMR 40.1260 through
				  310
				  CMR 40.1269, cited collectively herein as 310
				  CMR 40.1260, set forth procedures for petitioning the Department for
				  reimbursement for the reasonable costs of compliance with an order issued
				  pursuant to M.G.L. c. 21E, § 10(b).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1261 - Right to Petition for Reimbursement

Current through Register 1525, July 5, 2024
Any person to whom the Department has issued an order
				  pursuant to M.G.L. c. 21E, § 10(b), who either (1) disputes his or her
				  liability under M.G.L. c. 21E, § 5, or (2) claims he or she was entitled
				  to the benefits of an affirmative defense or limitation on liability set forth
				  in M.G.L. c. 21E or in any other applicable law may petition the Department for
				  reimbursement for the reasonable costs of compliance with such order. No order
				  or determination issued by the Department shall be construed to be an order
				  issued pursuant to M.G.L. c. 21E, § 10(b), unless the Department
				  specifically and in writing provides to that effect.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1262 - Content of Petition

Current through Register 1525, July 5, 2024
Each petition for reimbursement pursuant to M.G.L. c. 21E,
				  § 10(b)(2), and
				  310
				  CMR 40.1261 shall be in writing and shall
				  state clearly and concisely the facts upon which the petitioner claims are
				  grounds for reimbursement, the costs for which reimbursement is sought, the
				  location and Release Tracking Number(s) of the disposal site, and the file
				  number as it appears in the caption on such order.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1263 - Timing of Petition

Current through Register 1525, July 5, 2024
Each petition for reimbursement pursuant to M.G.L. c. 21E,
				  § 10(b)(2), and
				  310
				  CMR 40.1261 shall be submitted to the
				  Department within 90 days of the date of completion of compliance with such
				  order.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1264 - Grounds for Reimbursement

Current through Register 1525, July 5, 2024
The Department may grant the petition, or a portion thereof,
				  if the Department is persuaded that the person to whom the Department has
				  issued such order has complied with the terms thereof, and:
(1) either was not liable under M.G.L. c. 21E
				or was entitled to the benefits of an affirmative defense or limitation on
				liability set forth in M.G.L. c. 21E or in any other applicable law;
				and
(2) the costs for which
				reimbursement are sought are for compliance with the order and were incurred
				reasonably and in good faith.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS › Section 40.1265 - Petitions Not Subject to M.G.L. c. 30A

Current through Register 1525, July 5, 2024
The refusal by the Department to grant all or part of a
				  petition for reimbursement filed pursuant to M.G.L. c. 21E, § 10(b)(2),
				  and 310 CMR 40.1261 shall not be
				  an adjudicatory proceeding and shall not be subject to those provisions of
				  M.G.L. c. 30A,
				  310 CMR
				  1.00:
Adjudicatory Proceedings
or any
				  other law governing adjudicatory proceedings.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart M - ADMINISTRATIVE RECORD › Section 40.1301 - Purpose, Scope and Applicability

Current through Register 1525, July 5, 2024
(1) The
				regulations published at 310 CMR 40.1301 through
				310
				CMR 40.1399, collectively referred to as
				310
				CMR 40.1300, set forth procedures for the
				establishment of an administrative record pursuant to M.G.L. c. 21E, §
				5A.
(2) The regulations published
				at 310 CMR 40.1300 shall apply
				when the Department elects to establish an administrative record pursuant to
				M.G.L. c. 21E, § 5A, for any Release Abatement Measure under
				310
				CMR 40.0440, Comprehensive Response Action
				under
				310
				CMR 40.0800 or any other response
				action.
(3)
									310
				CMR 40.1300 does not apply to response
				actions selected prior to April 25, 2014 or to Immediate Response Actions under
				310
				CMR 40.0410.
(4) With respect to those response actions
				for which the Department does not elect to establish an administrative record
				in accordance with
				310
				CMR 40.1300, the administrative record shall
				consist of all items developed, relied upon, and received pursuant to
				procedures used by the Department for the selection of the response action,
				including procedures for the participation of interested parties and the
				public.
(5)
									310
				CMR 40.1300 describes when the Department may
				establish an administrative record pursuant to M.G.L. c. 21E, § 5A; the
				standards for the content of such an administrative record; the procedures by
				which the public, RPs and PRPs may participate in the establishment of such an
				administrative record; and where the Department shall locate such an
				administrative record.
(6) The
				Department's decision to establish or certify an administrative record in
				accordance with
				310
				CMR 40.1300, and the Department's selection
				of a response action pursuant to M.G.L. c. 21E, and
				310
				CMR 40.0000, shall not be an adjudicatory
				proceeding and shall not be subject to those provisions of M.G.L. c. 30A, or
				any other law, governing adjudicatory proceedings.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart M - ADMINISTRATIVE RECORD › Section 40.1302 - When the Department May Establish an Administrative Record

Current through Register 1525, July 5, 2024
The Department may establish an administrative record in
				  accordance with M.G.L. c. 21E, § 5A, and
				  310
				  CMR 40.1300, upon which the Department shall
				  base its selection of a response action, with respect to any site at
				  which:
(1) the Department itself, or
				acting through its agents or contractors, carries out a response action;
				or
(2) the Department issues an
				order pursuant to M.G.L. c. 21E, § 10(b).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart M - ADMINISTRATIVE RECORD › Section 40.1303 - Participation by the Public, RPs and PRPs

Current through Register 1525, July 5, 2024
(1)
				After the Department decides to establish an administrative record pursuant to
				310
				CMR 40.1300, and prior to the selection of a
				response action, the Department shall give notice and afford interested persons
				a reasonable opportunity to comment. Unless response actions must be taken
				earlier to control the potential for health damage, human exposure, safety
				hazards or environmental harm through appropriate short term measures, the
				Department shall give notice at least 21 days prior to its selection of a
				response action as follows:
(a) by publication
				thereof in a newspaper(s) of general circulation in the community(ies) that the
				Department reasonably believes are affected by the disposal site;
(b) by certified mail, return receipt
				requested, to any person who the Department reasonably believes:
1. is an RP or a PRP; or
2. holds title to, or an ownership interest
				in, any real property which comprises the disposal site or which may be
				affected by the response action and whose name and address is known by the
				Department at the time the Department elects to establish such an
				administrative record;
(c) if the disposal site is a Public
				Involvement Plan (PIP) Site, by first-class mail or handdelivery to each person
				whose name and address appears on the PIP mailing list established in
				accordance with
				310
				CMR 40.1400; and
(d) by first-class mail or hand delivery to
				the Chief Municipal Official and local board of health of each community in
				which the disposal site is known to be located.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart M - ADMINISTRATIVE RECORD › Section 40.1304 - Administrative Record Requirements after Certification

Current through Register 1525, July 5, 2024
(1) The Department may reopen the
				administrative record after the administrative record has been certified
				complete in accordance with
				310
				CMR 40.1303(4)  if:
(a) the Department intends to carry out or
				arrange a response action in addition to those response actions selected at the
				time the Department certified the administrative record complete; or
(b) the Department carries out or arranges a
				response action significantly different from the response action selected in
				the report required by
				310
				CMR 40.1303(3)(e).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart M - ADMINISTRATIVE RECORD › Section 40.1305 - Content of the Administrative Record

Current through Register 1525, July 5, 2024
(1)
				The administrative record shall include those documents that form the basis for
				the Department's selection of a response action.
(2) The administrative record shall contain
				the following types of documents when such documents are material to the
				Department's selection of a response action:
(a) documents containing factual information
				and data, including documents containing analyses of such information and
				data;
(b) guidance documents,
				technical literature, and site-specific policy memoranda;
(c) documents received, published or made
				available to the public pursuant to
				310
				CMR 40.1400;
(d) documents setting forth and/or supporting
				determinations by the Department, including scopes of work, plans and reports;
				and
(e) copies of enforcement
				orders including, but not limited to, consent orders, and Notices of
				Noncompliance, Notices of Responsibility and Notices of Response
				Action.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart M - ADMINISTRATIVE RECORD › Section 40.1306 - Location of the Administrative Record

Current through Register 1525, July 5, 2024
(1)
				Except as provided by 310 CMR 40.1306(2) and (3), the Department shall make the
				administrative record, and the index for the administrative record, reasonably
				available to RPs, PRPs and the public at the Department regional office that
				serves the area where the disposal site is located. The Department may keep
				additional copies of the administrative record and the index for the
				administrative record at other locations.
(2) The Department shall not be required to
				keep the following documents in the office of the Department to which the site
				is assigned, provided that the index to the administrative record indicates the
				locations where such documents are kept:
(a)
				sampling and testing data, quality control and quality assurance documentation
				and chain of custody forms;
(b)
				guidance and policy documents not generated specifically for the disposal site
				at issue;
(c) publicly available
				technical literature not generated for the disposal site at issue, such as
				engineering textbooks, articles from technical journals and toxicological
				profiles; and
(d) documents included
				in the Confidential File of the administrative record.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1400 - Public Involvement - General Approach for Response Actions

Current through Register 1525, July 5, 2024
310 CMR 40.1400 through
				  310
				  CMR 40.1449, cited collectively as 310 CMR
				  40.1400, contain requirements and procedures for the conduct of Public
				  Involvement Activities in connection with response actions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1401 - General Principles for Public Involvement in Response Actions

Current through Register 1525, July 5, 2024
(1) Activities
				undertaken to foster public involvement during response actions shall serve two
				objectives:
(a) for all disposal sites,
				Public Involvement Activities shall inform the public about the risks posed by
				the disposal site, the status of response actions, the availability of
				Technical Assistance Grants, and opportunities for public involvement;
				and
(b) for Public Involvement Plan
				sites, Public Involvement Activities shall also solicit the concerns of the
				public about the disposal site and response actions, and shall consider,
				address and, where relevant and material to the response action, incorporate
				these concerns in planning response actions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1402 - Responsibility for Performing Public Involvement Activities in Response Actions

Current through Register 1525, July 5, 2024
(1) Public
				Involvement Activities required by this Contingency Plan shall be performed at
				all disposal sites, regardless of whether the Department, RP, PRP or Other
				Person is conducting the response action.
(2) At any disposal site where the Department
				is performing a response action, the Department shall be responsible for all
				Public Involvement Activities pursuant to M.G.L. c. 21E, and
				310
				CMR 40.0000.
(3) At any disposal site at which a RP, PRP
				or Other Person is conducting a response action, that RP, PRP or Other Person
				shall be responsible for all Public Involvement Activities pursuant to M.G.L.
				c. 21E, and
				310
				CMR 40.0000.
(4) Nothing shall prohibit the Department
				from conducting Public Involvement Activities at any disposal site where the
				Department deems it is appropriate.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1403 - Minimum Public Involvement Activities in Response Actions

Current through Register 1525, July 5, 2024
(1) Public Involvement Activities undertaken
				at all disposal sites are those designed primarily to provide the public with
				information regarding the risks posed by the disposal site, status of response
				actions, availability of technical assistance grants, and opportunities for
				public involvement.
(2) At a
				minimum, the following procedures shall be followed for written and public
				notices required under
				310
				CMR 40.1400:
(a) written notices shall be made either by
				hand-delivery, first-class mail, or upon agreement by the intended recipient of
				such notice, by electronic mail, and the date of notification shall be:
1. if served by hand, the date when
				delivered:
a. personally to the intended
				recipient;
b. personally to any
				officer, employee, or agent of the intended recipient authorized by appointment
				of the intended recipient or by law to accept service; or
c. to an adult member of the intended
				recipient's household.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1404 - Public Involvement Plan Site Designation

Current through Register 1525, July 5, 2024
(1) The following disposal sites shall be
				eligible for PIP Site Designation:
(a) any
				disposal site that has been tier classified pursuant to
				310
				CMR 40.0500;
(b) any disposal site that is deemed a
				default Tier ID site pursuant to
				310
				CMR 40.0502;
(c) any disposal site at which response
				actions are being conducted in accordance with
				310
				CMR 40.0112 and for which a RCRA Facility
				Assessment has been completed;
(d)
				any disposal site at which response actions are being conducted in accordance
				with 310 CMR 40.0113 and for which
				either a RCRA Facility Assessment or equivalent assessment in accordance with
				310 CMR
				30.000:
Hazardous Waste
has been
				completed; or
(e) any disposal site
				at which response actions are being conducted in accordance with
				310
				CMR 40.0114 and for which an Initial Site
				Assessment or equivalent assessment in accordance with
				310 CMR
				19.00:
Solid Waste Management
has
				been completed.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart N - PUBLIC INVOLVEMENT AND TECHNICAL ASSISTANCE GRANTS › Section 40.1405 - Additional Public Involvement Activities Required for Public Involvement Plan Sites

Current through Register 1525, July 5, 2024
(1) Public
				Involvement Activities undertaken at PIP Sites are those taken in addition to
				the Public Involvement Activities required for all disposal sites and are
				designed to involve the public in decisions regarding response
				actions.
(2) Public Involvement
				Activities conducted at PIP Sites shall focus on the community(ies) in which
				the disposal site is located and shall include other communities which are, or
				are likely to be, affected by the disposal site.
(3) Concerns, information, and comments from
				the public about the disposal site shall be solicited, considered, addressed
				and, where relevant and material to response actions, incorporated into
				decisions regarding response actions at the disposal site.
(4) Public Involvement Activities required at
				PIP Sites shall pertain to those response actions conducted after the
				submission of the PIP petition, except at disposal sites where response actions
				beyond Phase I are conducted prior to Tier Classification. At disposal sites
				where response actions beyond Phase I are conducted prior to Tier
				Classification, Public Involvement Activities shall pertain to all response
				actions conducted, provided that the PIP petition is received within 30 days of
				publication of the public notice required in
				310
				CMR 40.1403(6)  or
				310
				CMR 40.0510(3).
(5) Upon designation of a disposal site as a
				PIP Site:
(a) within 80 days of receiving a
				PIP petition for an eligible disposal site a draft site-specific Public
				Involvement Plan shall be prepared, and a public meeting shall be held to
				present the draft Public Involvement Plan, solicit public comment on the draft
				Public Involvement Plan, and provide information about disposal site
				conditions. This public meeting shall be held at a time and location convenient
				to the affected public. Residents of the potentially affected community(ies)
				shall be informed of the public meeting by the following activities:
1. a public notice pursuant to
				310
				CMR 40.1403(2)(b)  shall be
				published at least 14 days prior to the meeting; and
2. a copy of the public notice announcing the
				public meeting shall be mailed to each petitioner, and the Chief Municipal
				Officer(s) and Board(s) of Health in the community(ies) in which disposal site
				is located and in any other community(ies) that is, or is likely to be,
				affected by the disposal site;