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 40.1082 - Process for Amending Grant of Environmental Restriction

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1082

Current through Register 1531, September 27, 2024

(1) The Department shall review each application for an Amendment to a Grant of Environmental Restriction to ensure that it conforms to all requirements established herein for such instruments.

(2) An application for an Amendment to Grant of Environmental Restriction shall consist of:

(a) a completed Form 1082A, set forth in 310 CMR 40.1099;

(b) all other applicable documents set forth in 310 CMR 40.1081: and

(c) a certification of title that meets the requirements of 310 CMR 40.1072(2).

(3) An application for an Amendment to Grant of Environmental Restriction shall not be deemed complete if the Department determines that the application:

(a) fails to contain all required information listed in 310 CMR 40.1081;

(b) fails to include the applicable fee established by 310 CMR 4.10(10)(h)(4); or

(c) is incorrectly filled out.

(4) The Department has no obligation to accept or review an incomplete Amendment to a Grant of Environmental Restriction application.

(5) Processing an Application for an Amendment to Grant of Environmental Restriction. For purposes of 310 CMR 4.10(10)(h), the provisions of 310 CMR 40.1072 for computing time for reviews, conducting Administrative Completeness (AC-1 and AC-2) and Technical Reviews (T-1 and T-2), and for approving or disapproving an application shall apply to the Department's review of a proposed Amendment to Grant of Environmental Restriction.

(6) An Amendment to Grant of Environmental Restriction shall become effective upon recording and/or registering with the appropriate Registry of Deeds and/or Land Registration Office.

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