Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart C - NOTIFICATION OF RELEASES AND THREATS OF RELEASE OF OIL AND HAZARDOUS MATERIAL; IDENTIFICATION AND LISTING OF OIL AND HAZARDOUS MATERIAL
Section 40.0335 - Retracting a Notification

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0335

Current through Register 1531, September 27, 2024

(1) A notification of a release or threat of release of oil and/or hazardous material made by a person described in 310 CMR 40.0331(1) may be retracted in those cases where additional information obtained subsequent to such notification substantiates that:

(a) in the case of a reported release, no release actually occurred;

(b) in the case of a reported threat of release, conditions posing a threat of release did not actually exist; or

(c) the subject release or threat of release did not meet one or more of the sets of notification criteria specified in 310 CMR 40.0300. Retractions of this nature shall only be made by the person described at 310 CMR 40.0331(1) who originally provided notification to the Department of such release or threat of release, or, in cases where notification was made on behalf of a corporate entity, by another authorized employee or agent of that corporation.

(2) All retractions pursuant to 310 CMR 40.0335 shall be in writing and shall include, at a minimum, the following:

(a) the address of the location at which the release or threat of release was initially reported;

(b) the Release Tracking Number assigned by the Department for the reported release or threat of release;

(d) a summation of facts, data, and/or other relevant information that demonstrates that the release did not actually occur or the conditions posing the threat of release did not actually exist, or that the release or threat of release did not meet one or more sets or reporting criteria; and

(e) the signature of the person retracting the notification, attesting to the accuracy and completeness of the information contained in the retraction submittal, as specified at 310 CMR 40.0009.

(3) All retractions pursuant to 310 CMR 40.0335 must be received by the Department no later than 60 days after the person providing the retraction first notified the Department of the subject release or threat of release.

(4) All retractions pursuant to 310 CMR 40.0335 shall be submitted to the Department using a transmittal form established by the Department for such purposes.

(5) Submission of a notification retraction in conformance with the provisions of 310 CMR 40.0335 shall terminate all future response action requirements and submittals that would otherwise be necessitated by the reporting of said release or threat of release, unless written notice to the contrary is provided by the Department within 21 days of the Department's receipt of such retraction.

(6) Nothing in 310 CMR 40.0335 shall limit the Department's authority to initiate, oversee, or order the performance of any response action deemed necessary by the Department to protect health, safety, public welfare, or the environment.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.