Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0185 - Maintenance of Downgradient Property Status
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0185
Current through Register 1531, September 27, 2024
(1) Each person providing a Downgradient Property Status Submittal, or a Modification of a Downgradient Property Status Submittal, to the Department shall meet the following requirements to maintain such Downgradient Property Status:
(a) no act
of such person causes the release, contributes to the release, or causes such
release to become worse than it otherwise would be;
(b) to the extent that such person has
ownership or possession of the downgradient property, such person provides
reasonable access to the downgradient property which is the subject of the
Downgradient Property Status Submittal to employees, agents, and contractors of
the Department and to other persons conducting response actions;
(c) such person takes reasonable steps at the
downgradient property that is subject to the Submittal to:
1. eliminate or prevent an Imminent Hazard by
conducting an Immediate Response Action; and
2. prevent the exposure of human and
environmental receptors to oil and/or hazardous material;
(d) if such person elects to undertake
response actions after providing the Submittal to the Department, conducts such
response actions in compliance with M.G.L. c. 21E, and
310
CMR 40.0000;
(e) such person makes reasonable efforts to
identify persons who may be responsible or potentially responsible for the
release and provides the notice required by
310
CMR 40.0183(5) to such
persons; and
(f) such person does
not unreasonably impede or interfere with the implementation of current or
likely response actions or the restoration of natural resources by any
person.
(2) Based upon site-specific circumstances, the Department may require a person who provides a Downgradient Property Status Submittal, or a Modification of a Downgradient Property Status Submittal, to the Department to develop and implement a management plan for the property in order to prevent, eliminate or minimize danger to health, safety, public welfare and/or the environment.
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