Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0009 - Certification of Submittals

Current through Register 1525, July 5, 2024
(1) Any person
				undertaking a response action shall include the following written declaration
				when expressly required by
				310
				CMR 40.0000, including, but not limited to,
				with any Release Notification Form, Status Report, Completion Statement, Phase
				V Report, Permanent or Temporary Solution Statement, Tier Classification
				Submittal, LSP Evaluation Opinion, Tier Classification Extension Submittal,
				Tier Classification Transfer Submittal, Periodic Review Opinion, Final
				Inspection Report, Construction Plan and Specifications, Operation, Maintenance
				and/or Monitoring Plan, Bill of Lading, Downgradient Property Status Submittal,
				Modification of Downgradient Property Status Submittal, or other LSP Opinion
				submitted to the Department pursuant to the MCP:
"I,___________________, attest under the pains and penalties
				  of perjury (i) that I have personally examined and am familiar with the
				  information contained in this submittal, including any and all documents
				  accompanying this submittal, (ii) that, based on my inquiry of those
				  individuals immediately responsible for obtaining the information, the material
				  information contained in this submittal is, to the best of my knowledge and
				  belief, true, accurate and complete, and (iii) that I am fully authorized to
				  make this attestation on behalf of the person or entity legally responsible for
				  this submittal. I/the person or entity on whose behalf this submittal is made
				  am/is aware that there are significant penalties, including, but not limited
				  to, possible fines and imprisonment, for willfully submitting false, inaccurate
				  or incomplete information."
By:___________________________
Signature Date
__________________
Title
For:_______________________________
Name of person or entity
(2) The written declaration in 310 CMR
				40.0009(1) required of a person undertaking a response action shall be made by
				the highest ranking individual(s) having day-to-day responsibility for the
				performance of the response action which is the subject of the submittal. The
				written declaration shall not be made by the Licensed Site Professional engaged
				or employed by the RP, PRP or Other Person to render Professional Services with
				respect to the site, unless the Licensed Site Professional's client or employer
				has authorized him or her in writing to act as his or her agent for the purpose
				of making the written declaration.
(3) The written declaration required by 310
				CMR 40.0009(1) shall include the signature of each person making the submittal,
				the date on which each such person makes his or her attestation and the
				position or office of each such person.
(4) Each submittal filed with the Department
				pursuant to
				310
				CMR 40.0000 shall be accompanied by a
				completed transmittal form established by the Department for such
				purposes.
(5) No person filing a
				submittal required by M.G.L. c. 21E or
				310
				CMR 40.0000 with the Department shall alter,
				modify or nullify the contents of the transmittal form established by the
				Department for such purposes without the express approval of the
				Department.
(6) The Department may
				require any person providing information required to be submitted to the
				Department pursuant to M.G.L. c. 21E,
				310
				CMR 40.0000, or any order issued or
				determination made by the Department pursuant to M.G.L. c. 21E and
				310
				CMR 40.0000, to include the written
				declaration set forth in 310 CMR 40.0009(1).