Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart D - PRELIMINARY RESPONSE ACTIONS AND RISK REDUCTION MEASURES
Section 40.0463 - Approvals Required to Conduct Utility-related Abatement Measures

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0463

Current through Register 1531, September 27, 2024

(1) Utility-related Abatement Measures conducted in conformance with all applicable provisions of 310 CMR 40.0460 shall not require approval from the Department under the provisions of 310 CMR 40.0400. Persons conducting Utility-related Abatement Measures shall comply with all other applicable federal, state and local laws, ordinances, regulations, rules and bylaws.

(2) Notwithstanding 310 CMR 40.0463(1), the Department shall have the right to prohibit any person from undertaking any Utility-related Abatement Measure, or to approve such measures subject to such conditions as the Department deems necessary, in order to protect and preserve health, safety, public welfare and/or the environment, based upon site specific circumstances and conditions.

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