Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0010 - Effect of Orders and Appeals

(1) The issuance of an order under M.G.L. c. 21E, §§ 9 or 10, or any appeal of an order issued under M.G.L. c. 21E, § 9, shall not prevent the Department from issuing any future order(s) or from taking any other action authorized by law, including, but not limited to, taking or arranging for one or more response actions at the disposal site which is the subject of the order on appeal.

(2) While an appeal from an order issued under M.G.L. c. 21E, § 9, is pending, the Department may provide, pursuant to M.G.L. c. 21E, § 10(b), for the order or any part thereof to become provisionally effective and enforceable immediately if the Department finds that an Imminent Hazard exists or could result pending avoidable delay in compliance.

(3) If the event described in 310 CMR 40.0010(2) occurs, those parts of the order which become provisionally effective and enforceable immediately shall not be subject to the provisions of M.G.L. c. 30A, or any other law, governing adjudicatory proceedings. Any person who receives and complies with the terms of such an order may petition the Department for reimbursement for the reasonable costs of such compliance in accordance with M.G.L. c. 21E, § 10(b)(2), and 310 CMR 40.1200.

(4) While an appeal from a permit decision or order is pending, the Department may undertake such response actions as it deems reasonably necessary to protect health, safety, public welfare or the environment.