Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0002 - Purpose

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0002

Current through Register 1543, March 14, 2025

(1) The purposes of the Massachusetts Contingency Plan are, without limitation, to:

(a) provide for the protection of health, safety, public welfare and the environment by establishing requirements and procedures for the following:
1. the prevention and control of activities which may cause, contribute to, or exacerbate a release or threat of release of oil and/or hazardous material;

2. notification of the Department in the event of certain releases or threats of release of oil and/or hazardous material;

3. assessment of the nature and extent of contamination and any threat to health, safety, public welfare or the environment caused by a release or threat of release of oil and/or hazardous material;

4. the evaluation of alternatives for remedial actions to abate, prevent, remedy or otherwise respond to a release or threat of release of oil and/or hazardous material;

5. the implementation of appropriate remedial actions to abate, prevent, remedy or otherwise respond to a release or threat of release of oil and/or hazardous material;

6. public involvement in decisions regarding response actions at disposal sites; and

7. the recovery of Costs incurred by the Commonwealth in responding to releases or threats of release of oil and/or hazardous material.

(b) encourage persons responsible for releases and threats of release of oil and/or hazardous material to undertake necessary and appropriate response actions in a timely way;

(c) focus government resources on those sites at which the person(s) responsible can not or will not undertake necessary response actions;

(d) focus government resources on those sites at which Department oversight is necessary to ensure that response actions are protective of health, safety, public welfare and the environment; and

(e) establish a program 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 other applicable laws.

(2) The MCP identifies those oils and hazardous materials which are subject to the requirements and procedures set forth in 310 CMR 40.0000.

(3) The MCP prescribes the respective roles and responsibilities of the Department, other governmental agencies, Responsible Parties, Potentially Responsible Parties, Licensed Site Professionals, Other Persons, and the public in response actions.

(4) The MCP is intended to comport with and complement the National Contingency Plan promulgated by the United States Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

(5) Except with respect to 310 CMR 40.1200, the MCP does not address the Commonwealth's recovery of damages associated with injury to, destruction of, or loss of use of natural resources or the costs of assessing those damages.

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