Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0100 - Overview of Roles and Responsibilities in Response Actions

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0100

Current through Register 1531, September 27, 2024

(1) The Department is authorized to take or arrange for such response actions as it reasonably deems necessary to respond to releases or threats of release of oil and/or hazardous material. The Department has final administrative authority and discretion to determine any and all of the following:

(a) whether a release of oil and/or hazardous material has occurred and/or whether a threat of release or Imminent Hazard exists;

(b) whether a release or threat of release of oil and/or hazardous material requires a response action;

(c) the appropriate extent and nature of a response action consistent with M.G.L. c. 21E and 310 CMR 40.0000;

(d) the appropriate level of Department oversight of response actions undertaken by RPs, PRPs and Other Persons; and

(e) whether a response action, application, Opinion or other submittal is in compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other applicable requirements.

(2) The Department, PRPs and Other Persons may undertake necessary response actions, provided such response actions are performed in compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other applicable laws.

(3) RPs shall undertake necessary response actions in compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other applicable laws.

(4) RPs, PRPs and Other Persons shall involve local, state, and federal agencies and organizations in decisions regarding response actions to the extent required by M.G.L. c. 21E, 310 CMR 40.0000 and other applicable laws.

(5) RPs, PRPs and Other Persons shall involve the public in decisions regarding response actions to the extent required by M.G.L. c. 21E, 310 CMR 40.0000 and other applicable laws.

(6) No LSP Opinion shall be required for any response action performed by the Department under 310 CMR 40.0000.

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