Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0007 - Rules of Construction

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0007

Current through Register 1531, September 27, 2024

(1)310 CMR 40.0000 shall be construed to effectuate the purposes of M.G.L. c. 21E.

(2) As used in 310 CMR 40.0000, words in the singular also include the plural.

(3) No provision of 310 CMR 40.0000 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.

(4) No provision of 310 CMR 40.0000 shall be construed to limit the Department's authority to take or arrange for, or to require any person 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.

(5) No provision of 310 CMR 40.0000 shall be construed to limit the Department's authority to reject or require modification of any submittal required by M.G.L. c. 21E, 310 CMR 40.0000, or any other permit, order, or determination issued thereunder if it determines that the submittal does not meet the requirements of the same.

(6) No provision of 310 CMR 40.0000 shall be construed to imply authorization by the Department to any person other than the Department, or the Department's employees, agents or contractors, to enter any real or personal property not owned by him or her to carry out a response action, or otherwise injure or interfere with any other person's rights or interests in real or personal property, without that person's consent.

(7) The provisions of 310 CMR 40.0000 are severable and if any provision or its application to any person or circumstance is held invalid, its invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.

(8) No provision of 310 CMR 40.0000 shall be construed to relieve any person of the necessity of complying with all other applicable federal, state or local laws.

(9) No provision of 310 CMR 40.0000 shall be construed to create in any private party a right to publicly funded response or enforcement action or to create any duty of the Department to perform any response action at any particular time

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