Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0101 - Role of the Department in Response Actions

(a) review and evaluate reports of releases or threats of release of oil and/or hazardous material and Imminent Hazards and, when reasonably necessary, perform or arrange for the performance of one or more response actions;

(b) collect or oversee the collection of pertinent facts regarding releases or threats of release of oil and/or hazardous material;

(c) require persons undertaking response actions to collect pertinent facts regarding releases or threats of release of oil and/or hazardous material;

(d) perform or arrange for performance of response actions by the Department, and/or RPs, PRPs or Other Persons;

(e) establish Interim Deadlines for the completion of response actions;

(f) issue permits, including, but not limited, to approvals and conditional approvals, to persons seeking to carry out response actions at those sites for which a permit is required by M.G.L. c. 21E and 310 CMR 40.0000;

(g) coordinate and oversee response actions conducted by RPs, PRPs or Other Persons to assure the consistency of the response actions with M.G.L. c. 21E and 310 CMR 40.0000;

(h) audit response actions not overseen or conducted by the Department;

(i) establish an administrative record upon which the selection of a response action is based;

(j) conduct or oversee, and/or require persons carrying out one or more response actions to conduct, Public Involvement Activities;

(k) conduct enforcement and seek reimbursement and compensation to which the Commonwealth is entitled pursuant to M.G.L. c. 21E;

(l) provide Technical Assistance Grants to eligible applicants in accordance with 310 CMR 40.1400;

(m) seek the resources of federal or other state agencies or local governments to respond to releases or threats of release of oil and/or hazardous material;

(n) authorize persons to enter any site, or other location to be investigated as a possible disposal site, not owned or operated by him or her for the purpose of performing one or more response actions upon the consent of the owner or operator thereof, in accordance with 310 CMR 40.0173;

(o) request persons to provide information to the Department with respect to a release or threat of release or any site or other location where oil and/or hazardous material is or might be located;

(p) acquire real property, or any interest therein, by purchase, gift or lease, or by eminent domain under the provisions of M.G.L. c. 79, if necessary to carry out the purposes of M.G.L. c. 21E;

(q) restrict the use of property that is or was a site, and modify or release such restrictions, if necessary to carry out the purposes of M.G.L. c. 21E;

(r) record, or cause, allow or require the owner of property that is or was a site to record, notice of the restrictions of the use of the property, or of the modification or release of the restrictions, in accordance with M.G.L. c. 21E, § 6;

(s) publish and maintain lists of Location to be Investigated and disposal sites;

(t) conduct compliance assistance to provide guidance to persons undertaking response actions to assist such persons in achieving compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other applicable requirements;

(u) specify requirements to prevent and control, and to counter the effects of, releases or threats of release of oil and/or hazardous material, in accordance with M.G.L. c. 21E, § 6. Such requirements may include, without limitation, but without duplication of requirements prescribed in other programs of the Department, the preparation of contingency plans, the acquisition, construction, maintenance and operation of equipment, facilities and resources for the monitoring, prevention and control of releases, and the staffing and training of personnel regarding the prevention and control of releases of oil or hazardous material; and

(v) take any other action authorized by M.G.L. c. 21E and/or 310 CMR 40.0000 as it deems reasonably necessary.