Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart B - ORGANIZATION AND RESPONSIBILITIES
Section 40.0187 - Modification of a Downgradient Property Status Submittal

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0187

Current through Register 1531, September 27, 2024

(1) General. Any present or past owner or operator of a downgradient property with Downgradient Property Status may provide a Modification of a Downgradient Property Status Submittal to the Department if all of the following are met:

(a) the criteria specified in 310 CMR 40.0183(2);

(b) if a Modification of a Downgradient Property Status Submittal has not previously been submitted to the Department, the person seeking such Status obtains the written consent thereto of the person who previously submitted the Downgradient Property Status Submittal for the subject property; and

(c) if a Modification of a Downgradient Property Status Submittal has previously been submitted to the Department, the person seeking such Status obtains the written consent thereto of the person who most recently submitted a Modification of a Downgradient Property Status Submittal for the subject property.

(2) Content of Submittal. A Modification of a Downgradient Property Status Submittal shall consist of the following:

(a) a completed transmittal form established by the Department for such purposes;

(b) the certification required by 310 CMR 40.0009 by the person making such Submittal;

(c) the written consent required by 310 CMR 40.0187(1)(b) or (c);

(d) certification by the person whose consent is required by 310 CMR 40.0187(1)(b) or (c) that the Downgradient Property Status has been maintained in accordance with 310 CMR 40.0185;

(e) certification by the person making such Submittal that he or she meets the criteria in 310 CMR 40.0183(2)(a), (c), (d), and (e); and

(f) certification by the person making such Submittal that he or she has no information contrary to the conclusion stated in 310 CMR 40.0183(2)(b).

(3) Effect of Providing a Modification of a Downgradient Property Status Submittal. Any person who submits a Modification of a Downgradient Property Status Submittal to the Department in accordance with 310 CMR 40.0187 shall have Downgradient Property Status in accordance with 310 CMR 40.0184 unless and until such Status is terminated in accordance with 310 CMR 40.0186.

(4) Notice to Abutters and PRPs. Each person submitting a Modification of a Downgradient Property Status Submittal to the Department shall concurrently provide a copy of such Submittal to the persons described in 310 CMR 40.0183(5).

(5) Public Involvement. Each person submitting a Modification of a Downgradient Property Status Submittal to the Department shall conduct Public Involvement Activities in accordance with 310 CMR 40.1400. Public Involvement Activities required for a Modification of a Downgradient Property Status Submittal specifically include 310 CMR 40.1403(3)(g).

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