Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart J - PERMANENT AND TEMPORARY SOLUTIONS
Section 40.1070 - Implementation of Activity and Use Limitations

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1070

Current through Register 1531, September 27, 2024

(1) One or more of the following Activity and Use Limitations shall be implemented at each disposal site or portion of a disposal site where the Activity and Use Limitation is necessary and appropriate to meet the requirements of 310 CMR 40.1012 or 310 CMR 40.0111(8):

(a) a Grant of Environmental Restriction, implemented in accordance with 310 CMR 40.1071;

(b) an Environmental Restriction implemented by the Department, in accordance with 310 CMR 40.1073; or

(c) a Notice of Activity and Use Limitation, implemented in accordance with 310 CMR 40.1074.

(2) Activity and Use Limitations imposed pursuant to 310 CMR 40.1012 shall be implemented and adhered to by the owner and holders of interest(s) in the property and/or a license to use the property subject to the Activity and Use Limitation, and/or the RP, PRP or Other Person conducting response actions at the disposal site or portion of a disposal site in accordance with the procedures established in 310 CMR 40.1070 through 310 CMR 40.1099.

(3) An Activity and Use Limitation shall be deemed implemented and shall be in effect upon its being duly recorded and/or registered with the appropriate registry of deeds and/or land registration office.

(4) Notice of Activity and Use Limitations implemented at adequately regulated disposal sites subject to CERCLA shall be subject to those provisions of 310 CMR 40.0000 identified in 310 CMR 40.0111(8) as being applicable to such Notice of Activity and Use Limitations, including all such identified provisions contained in 310 CMR 40.1074.

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