Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0025 - Extensions of Deadlines and Time Periods for Force Majeure
Current through Register 1531, September 27, 2024
(1) Except as provided by 310 CMR 40.0025(2), if any force majeure occurs which causes or contributes to any delay in compliance with any deadline or time period specified in M.G.L. c. 21E, 310 CMR 40.0000 or any order or determination issued by the Department, except a deadline or time period for providing notification of a release or threat of release of oil and/or hazardous material, or an Imminent Hazard, as required by 310 CMR 40.0300, the person(s) who is responsible for performing the response action shall notify the Department in writing promptly upon learning of the delay, and prior to the running of any such deadline or time period, and state the anticipated length and cause of the delay, the measure or measures to be taken to minimize the delay and a timetable for implementing those measures, and shall take appropriate measures to avoid or minimize any delay.
(2) Notwithstanding 310 CMR 40.0025(1), in the event of any delay in compliance with a deadline established by 310 CMR 40.0560, the person undertaking response actions shall comply with the requirements and procedures set forth in 310 CMR 40.0560.