Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0171 - Failure to Perform a Response Action

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0171

Current through Register 1531, September 27, 2024

In the event that a RP, PRP or Other Person initiates a response action that is determined by the Department to be in noncompliance with M.G.L. c. 21E, 310 CMR 40.0000 or any other applicable requirement, or in the event that no person undertakes a necessary response action, the Department may take any or all of the following actions:

(1) proceed to perform or arrange for the performance of the response action;

(2) negotiate a consent order with the RP, PRP or Other Person for the completion of the response action;

(3) issue an order under M.G.L. c. 21E, §§ 9 or 10, to the RP, PRP or Other Person to perform the response action; and

(4) take any other action and seek any other relief authorized by M.G.L. c. 21E, 310 CMR 40.0000 or any other law.

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