Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0008 - Computation of Time Periods and Deadlines
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0008
Current through Register 1531, September 27, 2024
(1) General. Unless otherwise specifically provided by law, 310 CMR 40.0000 or any order or determination issued pursuant to M.G.L. c. 21E or 310 CMR 40.0000, any time period or deadline prescribed or referred to in 310 CMR 40.0000 or in any order or determination issued pursuant to M.G.L. c. 21E or 310 CMR 40.0000 shall begin with the first day following the act which initiates the running of the time period, and shall include every calendar day, including the last day of the time period so computed. If the last day is a Saturday, Sunday, legal holiday, or any other day on which the offices of the Department are closed, the time period shall run to the end of the next business day.
(2) Determining Date of Issuance of Document. Except as provided by 310 CMR 40.0008(5), each document given by the Department to a person pursuant to M.G.L. c. 21E and/or 310 CMR 40.0000 shall be deemed to be issued by the Department as follows:
(a) if served in
hand, the document shall be deemed to be issued on the date when delivered:
1. personally to the person; or
2. personally to any officer, employee, or
agent of the person authorized by appointment of the person or by law to accept
service; or
3. at the person's last
known address in the Commonwealth; or
4. 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; or
(b) if given by mail (either regular mail or
certified mail, return receipt requested), the document shall be deemed to be
issued on the date of mailing.
(3) Determining Date of Receipt of Document Issued by the Department. Each document given by the Department to a person pursuant to M.G.L. c. 21E and/or 310 CMR 40.0000 shall be deemed to be received by said person as follows:
(a) if served in
hand, the document shall be deemed to be received when delivered:
1. personally to the person; or
2. personally to any officer, employee, or
agent of the person authorized by appointment of the person or by law to accept
service; or
3. at the person's last
known address in the Commonwealth; or
4. 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; or
(b) if given by certified mail, return
receipt requested, the document shall be deemed to be received either:
1. when signed for by:
a. the person; or
b. the person's officer, employee, or agent,
including, without limitation, any officer, employee, or agent, authorized by
appointment of the person or by law to accept service;
2. when returned by the U.S. Postal Service
to the Department as unclaimed, unless the Department is persuaded that the
document was not claimed for reasons beyond the control of the person to whom
the document was sent;
(c) if given by regular mail, the document
shall be deemed to be received no later than the third business day after it is
mailed to the person, unless the Department is persuaded otherwise by the
person to whom the document was mailed.
(4) Determining Date of Receipt of Document Submitted to the Department. Except as provided by 310 CMR 40.0008(5), each document required by, or submitted pursuant to, 310 CMR 40.0000 shall be deemed received by the Department as follows:
(a) if served in hand,
the document shall be deemed to be received on the date when delivered to the
appropriate regional office of the Department (i.e. the date
stamped received), unless the date stamped is rebutted by production of a
receipt from the Department; provided, however, that if the date stamped
reflects a date within seven days of the date the submittal is due, the
submittal shall be deemed to have been received by the due date;
(b) if given by regular mail, the document
shall be deemed to be received when delivered to the appropriate office of the
Department (i.e. the date stamped received); provided,
however, that if the date stamped reflects a date within seven days of the date
the submittal is due, the submittal shall be deemed to have been received by
the due date;
(c) if given by
certified mail, return receipt requested, the document shall be deemed to be
received when delivered to the appropriate office of the Department
(i.e. the date stamped received), unless the date stamped is
rebutted by production of the return receipt; provided, however, that if the
date stamped reflects a date within seven days of the date the submittal is
due, the submittal shall be deemed to have been received by the due date;
or
(d) if given by electronic
transmission, where the Department provides for submitting the document by such
means, the document shall be deemed to be received on the date the transmission
is delivered to the Department, except as provided in 310 CMR 40.0008(4)(d)1.:
1. if the date the transmission is delivered
to the Department is within seven days of the date the submittal is due, the
submittal shall be deemed to have been received by the due date;
2. for documents submitted electronically,
submission of a printed copy to the Department shall not be required.
(5) Exceptions.
(a)
Adjudicatory Proceedings. Documents required or
permitted to be filed under
310 CMR
1.00: Adjudicatory Proceedings, and
310 CMR
5.00: Administrative Penalty, shall
be filed in accordance with
310 CMR
4.00: Timely Action Schedule and Fee
Provisions.
(b)
Interim Deadlines and Notices of Noncompliance. For
purposes of determining whether a person has complied with an Interim Deadline
or come into compliance with a requirement by the date specified in a Notice of
Noncompliance, each document required to be submitted shall be deemed received
by the Department as follows:
1. if served in
hand, the document shall be deemed to be received on the date when delivered to
the appropriate office of the Department (i.e. the date
stamped received), unless the date stamped is rebutted by production of a
receipt from the Department;
2. if
given by regular mail, the document shall be deemed to be received on the date
when delivered to the appropriate office of the Department
(i.e. the date stamped received);
3. if given by certified mail, return receipt
requested, the document shall be deemed to be received when delivered to the
appropriate office of the Department (i.e. the date stamped
received), unless the date stamped is rebutted by production of the return
receipt; or
4. if given by
electronic transmission, the document shall be deemed to be received on the
date the transmission is delivered to the Department.
(c)
Presumptive Approval of
IRAs. Each written request for approval of an IRA shall be given
to the Department by electronic transmittal, certified mail, return receipt
requested, or served in hand. Each such submittal shall be deemed received by
the Department as follows:
1. if served in
hand, the document shall be deemed to be received on the date when delivered to
the appropriate office of the Department (i.e. the date
stamped received), unless the date stamped is rebutted by production of a
receipt from the Department;
2. if
given by certified mail, return receipt requested, the document shall be deemed
to be received when delivered to the appropriate office of the Department
(i.e. the date stamped received), unless the date stamped is
rebutted by production of the return receipt; or
3. if given by electronic transmission, the
document shall be deemed to be received on the date the transmission is
delivered to the Department.
(d)
Notification of Releases,
Threats of Release and Imminent Hazards. Each notification
required by
310
CMR 40.0300 shall be given to the Department
(i.e. received) as follows:
1. if given orally, the notification shall be
deemed to be received on the date and at the time when communicated in person
or by telephone;
2. if given in
writing and served in hand, the notification shall be deemed to be received on
the date when delivered to the appropriate office of the Department
(i.e. the date stamped received), unless the date stamped is
rebutted by production of a receipt from the Department;
3. if given in writing by regular mail, the
notification shall be deemed to be received on the date when delivered to the
appropriate office of the Department (i.e. the date stamped
received);
4. if given in writing
by certified mail, return receipt requested, the notification shall be deemed
to be received on the date when delivered to the appropriate office of the
Department (i.e. the date stamped received), unless the date
stamped is rebutted by production of the return receipt; or
5. if given by electronic transmission, the
notification shall be deemed to be received on the date the transmission is
delivered to the Department.
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