Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0120 - Coordination with Responses by the United States Coast Guard to Discharges of Oil

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0120

Current through Register 1531, September 27, 2024

(1) Except as provided by 310 CMR 40.0120(2) and (3), response actions performed by the U.S. Coast Guard, including, but not limited to, response actions performed by its contractors under its supervision and control, pursuant to the Federal Water Pollution Control Act, 33 U.S.C. 1321(c), in response to a release of oil into navigable waters shall be exempt from the following requirements:

(a) any requirement to obtain a permit, approval or other authorization from the Department issued pursuant to M.G.L. c. 21E or the MCP for such response actions;

(b) any requirement to employ or engage a Licensed Site Professional for purposes of performing such response actions;

(c) any requirement to submit a plan or report to the Department for such response actions under M.G.L. c. 21E or the MCP, provided that the U.S. Coast Guard, upon request by the Department, provides the Department with a copy of any and all plans and reports prepared pursuant to the Federal Water Pollution Control Act, 33 U.S.C. 1321(c); and

(d) any requirement to submit a Permanent or Temporary Solution Statement to the Department for such a release.

(2) The exemption in 310 CMR 40.0120(1) shall not apply to any release of oil into navigable waters for which the U.S. Coast Guard is an RP or PRP.

(3) Notwithstanding 310 CMR 40.0120(1)(b), the U.S. Coast Guard shall employ or engage a Licensed Site Professional for purposes of complying with the requirements set forth in 310 CMR 40.0035(1)(h).

(4) No provision in 310 CMR 40.0120 shall be construed to relieve any RP or PRP of his or her responsibility for complying with M.G.L. c. 21E and the MCP.

(5) No provision in 310 CMR 40.0120 shall be construed to relieve the U.S. Coast Guard or any other party of its responsibility under M.G.L. c. 21E, the MCP or any other applicable law for notifying the Department of a release or threat of release of oil or hazardous material.

(6) No provision in 310 CMR 40.0120 shall be construed to relieve the U.S. Coast Guard or any other party of the necessity of complying with all other applicable federal, state and local laws.

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