(1) The following
persons shall notify the Department in accordance with
310
CMR 40.0300 of a release or threat of release
of oil or hazardous material:
(a) the owner
or operator of a vessel or a site from or at which there is or has been a
release or threat of release of oil and/or hazardous material;
(b) any person who at the time of storage or
disposal of any hazardous material owned or operated any site at or upon which
such hazardous material was stored or disposed of and from which there is or
has been a release or threat of release of hazardous material;
(c) any person who by contract, agreement, or
otherwise, directly or indirectly, arranged for the transport, disposal,
storage or treatment of hazardous material to or in a site or vessel from or at
which there is or has been a release or threat of release of hazardous
material;
(d) any person who,
directly or indirectly, transported any hazardous material to transport,
disposal, storage or treatment vessels or sites from or at which there is or
has been a release or threat of release of such material;
(e) any person who otherwise caused or is
legally responsible for a release or threat of release of oil and/or hazardous
material from a site or vessel;
(f)
any fiduciary who holds title to or possession of a site or vessel from or at
which there is or has been a release or threat of release of oil and/or
hazardous material;
(g) any secured
lender who holds title to or possession of a site or vessel from or at which
there is or has been a release or threat of release of oil and/or hazardous
material;
(h) any agency of the
Commonwealth or any public utility company that owns a right of way that is a
site from or at which there is or has been a release or threat of release of
oil and/or hazardous material; and
(i) any person otherwise required to notify
the Department of a release or threat of release pursuant to M.G.L. c.
21E.
(2) If a release to
the environment has occurred or a threat of release to the environment exists
at any site or vessel and there is a substantial likelihood that such release
or threat of release includes or would include oil and/or hazardous material
which appears at
310
CMR 40.1600 or exhibits any of the
characteristics described in
310
CMR 40.0347, then any owner, operator, or
fiduciary or secured lender who holds title to or possession of such site or
vessel, shall determine whether such is the case, and whether any such release
or threat of release requires notification to the Department under
310
CMR 40.0300.
