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 40.1083 - Release or Termination of Activity and Use Limitations

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1083

Current through Register 1531, September 27, 2024

(1) General. A recorded and/or registered Activity and Use Limitation shall be released, partially released, terminated, or partially terminated in accordance with 310 CMR 40.1083, specifically:

(a) In cases where an Activity and U se Limitation is no longer necessary to maintain a level of No Significant Risk or No Substantial Hazard as a result of additional response actions that have been conducted at a disposal site or a portion of a disposal site pursuant to 310 CMR 40.0000, change in conditions at a disposal site or a portion of a disposal site, or a change in MCP requirements:
1. a Grant of Environmental Restriction shall be released in accordance with 310 CMR 40.1083(2) using Form 1084A or 310 CMR 40.1083(4) using Form 1083A (for a partial release); and

2. a Notice of Activity and Use Limitation shall be terminated in accordance with 310 CMR 40.1083(3) using Form 1084B or 310 CMR 40.1083(5) using Form 1083B (for a partial termination);

(b) In cases where the termination of a Notice of Activity and Use Limitation is required pursuant to 310 CMR 40.1085(2)(a) to correct and immediately replace the Notice of Activity and Use Limitation, the Notice of Activity and Use Limitation shall be terminated in accordance with 310 CMR 40.1083(3) using Form 1084C;

(c) In cases where the Activity and Use Limitation is being released or terminated because additional response actions must be conducted to support the conclusion that a condition of No Significant Risk or a condition of No Substantial Hazard has been achieved at a disposal site or a portion of a disposal site:
1. a Grant of Environmental Restriction shall be released in accordance with 310 CMR 40.1083(2) using Form 1084E;

2. a Notice of Activity and Use Limitation shall be released in accordance with 310 CMR 40.1083(3) using Form 1084D; and

(d) In any case where the termination or release of an Activity and Use Limitation results in a change in the category of a Permanent Solution for the disposal site or portion of the disposal site where the Activity and Use Limitation was implemented, a revised Permanent Solution Statement and supporting documentation pursuant to 310 CMR 40.1056, including justification as to why the Activity and Use Limitation is being terminated or released, shall be submitted to the Department.

(2) Release of a Grant of Environmental Restriction. A Grant of Environmental Restriction shall be released in accordance with the following procedures:

(a) a Release of Grant of Environmental Restriction shall be prepared using Form 1084A or Form 1084E set forth in 310 CMR 40.1099, whichever is applicable, which includes an LSP Opinion attached as an exhibit that explains why the Grant of Environmental Restriction is no longer necessary to maintain a condition of No Significant Risk or No Substantial Hazard at the property, and submitted to the Department for the Commissioner's signature, accompanied by the appropriate fee as established in 310 CMR 4.00: Timely Action Schedule and Fee Provisions;

(b) if a person(s) signing the Release of Grant of Environmental Restriction is not an individual signing on his or her own behalf, but rather on behalf of an entity (LLC, LLP, limited partnership, etc.), or as trustee, executor, or attorney in fact, documentation of the person(s) signatory authority, as described in 310 CMR 40.1071(2)(c), shall be submitted as an exhibit to the Release of Grant of Environmental Restriction;

(c) within 30 days of the date of the property owner's receipt from the Department of the approved Release of Grant of Environmental Restriction, the Release of Grant of Environmental Restriction shall be recorded and/or registered at the appropriate Registry of Deeds and/or Land Registration Office;

(d) local officials and the public shall be informed of the Release of Grant of Environmental Restriction pursuant to 310 CMR 40.1403(7);

(e) within 30 days of recording and/or registering any Release of Grant of Environmental Restriction, the property owner shall submit to the Department:
1. a certified Registry copy of the Release of Grant of Environmental Restriction bearing the book and page/instrument number and/or document number; and

2. if the property subject to the Grant of Environmental Restriction is unregistered land, a Registry copy of the Grant of Environmental Restriction being released; and

(f) where the Grant of Environmental Restriction applies to a disposal site for which a Permanent Solution was previously submitted to the Department and the release of the Grant of Environmental Restriction results in a change in the category of Permanent Solution, a revised Permanent Solution Statement and supporting documentation pursuant to 310 CMR 40.1083(1)(d) shall be submitted to the Department.

(3) Termination of a Notice of Activity and Use Limitation. A Notice of Activity and Use Limitation shall be terminated in accordance with the following procedures:

(a) a Termination of Notice of Activity and Use Limitation shall be prepared using the appropriate form set forth in 310 CMR 40.1099;

(b) if a person(s) signing the Termination of Notice of Activity and Use Limitation is not an individual signing on his or her own behalf, but rather on behalf of an entity (LLC, LLP, limited partnership, etc.), or as trustee, executor, or attorney in fact, documentation of the person(s) signatory authority, as described in 310 CMR 40.1074(2)(c), shall be submitted as an exhibit to the Termination of Notice of Activity and Use Limitation;

(c) the Termination of Notice of Activity and Use Limitation shall be recorded and/or registered at the appropriate Registry of Deeds and/or Land Registration Office;

(d) the person(s) signing the Termination of Notice of Activity and Use Limitation shall submit a statement, on a form prescribed by the Department, certifying that the person(s) or entity identified as the property owner(s) on the termination owned the property at the time the termination was recorded and/or registered pursuant to 310 CMR 40.1083(3)(c);

(e) local officials and the public shall be informed of the Termination of Notice of Activity and Use Limitation pursuant to 310 CMR 40.1403(7);

(f) within 30 days of recording and/or registering any Termination of Notice of Activity and Use Limitation, the property owner shall submit to the Department a certified Registry copy of the Termination of Notice of Activity and Use Limitation bearing the book and page/instrument number and/or document number; and

(g) where the Notice of Activity and Use Limitation applies to a disposal site for which a Permanent Solution was previously submitted to the Department and the termination of the Notice of Activity and Use Limitation results in a change in the category of Permanent Solution, a revised Permanent Solution Statement and supporting documentation pursuant to 310 CMR 40.1083(1)(d) shall be submitted to the Department.

(4) Partial Release of a Grant of Environmental Restriction. In cases where, as a result of additional response actions pursuant to 310 CMR 40.0000 conducted at a disposal site or a portion of a disposal site, a recorded and/or registered Grant of Environmental Restriction is no longer necessary to maintain a level of No Significant Risk or to eliminate a substantial hazard at a portion of the property subject to the Grant of Environmental Restriction, such Grant of Environmental Restriction shall be partially released as to such portion of the property pursuant to the following procedures:

(a) a Partial Release of Grant of Environmental Restriction shall be prepared using Form 1083A set forth in 310 CMR 40.1099 which includes an LSP Opinion attached as an exhibit that explains why the Grant of Environmental Restriction is no longer necessary to maintain a condition of No Significant Risk or No Substantial Hazard at the portion of the property subject to the partial release, and submitted to the Department for the Commissioner's signature, accompanied by the appropriate fee established in 310 CMR 4.00: Timely Action Schedule and Fee Provisions;

(b) a Partial Release of Grant of Environmental Restriction shall include a metes and bounds description of the portion of the property being released from the Grant of Environmental Restriction, and:
1. (registered land only) an 81/2" x 11" survey plan, attached as an exhibit to the Partial Release of Grant of Environmental Restriction, prepared by a Massachusetts Registered Land Surveyor, which shows the metes and bounds of the portion of the property being released; or

2. (registered land only) a reference to the Land Court Plan which shows the boundaries of the portion of the property being released; or

3. (unregistered land only) reference to a survey plan of the portion of the property being released, prepared by a Massachusetts Registered Land Surveyor, meeting registry plan recording requirements, and recorded as a plan with the appropriate registry of deeds.

(c) if a person(s) signing the Partial Release of Grant of Environmental Restriction is not an individual signing on his or her own behalf, but rather on behalf of an entity (LLC, LLP, limited partnership, etc.), or as trustee, executor, or attorney in fact, documentation of the person(s) signatory authority, as described in 310 CMR 40.1071(2)(c), shall be submitted as an exhibit to the Release of Grant of Environmental Restriction;

(d) within 30 days of the date of the property owner's receipt from the Department of the approved Partial Release of Grant of Environmental Restriction, the Partial Release of Grant of Environmental Restriction shall be recorded and/or registered at the appropriate Registry of Deeds and/or Land Registration Office.

(e) local officials and the public shall be informed of the Partial Release of Grant of Environmental Restriction pursuant to 310 CMR 40.1403(7);

(f) where the Grant of Environmental Restriction applies to a disposal site for which a Permanent Solution was previously submitted to the Department and the Partial Release of the Grant of Environmental Restriction results in a change in the category of Permanent Solution, a revised Permanent Solution Statement and supporting documentation pursuant to 310 CMR 40.1083(1)(d) shall be submitted to the Department; and

(g) within 30 days of recording and/or registering any Partial Release of Grant of Environmental Restriction, the property owner shall submit to the Department:
1. a certified Registry copy of the Partial Release of Grant of Environmental Restriction bearing the book and page/instrument number and/or document number;

2. if the property subject to the Grant of Environmental Restriction is unregistered land, a Registry copy of the Grant of Environmental Restriction being partially released; and

3. a Registry copy of the required survey plan(s) referenced in the Partial Release of Grant of Environmental Restriction bearing the plan book/plan number(s).

(5) Partial Termination of a Notice of Activity and Use Limitation. In cases where, as a result of additional response actions pursuant to 310 CMR 40.0000 conducted at a disposal site or a portion of a disposal site, a recorded and/or registered Notice of Activity and Use Limitation is no longer necessary to maintain a level of No Significant Risk or No Substantial Hazard at a portion of the property subject to the Notice of Activity and Use Limitation, such Notice of Activity and Use Limitation shall be partially terminated as to such portion of the property pursuant to the following procedures:

(a) a Partial Termination of Notice of Activity and Use Limitation shall be prepared using Form 1083B set forth at 310 CMR 40.1099;

(b) if a person(s) signing the Partial Termination of Notice of Activity and Use Limitation is not an individual signing on his or her own behalf, but rather on behalf of an entity (LLC, LLP, limited partnership, etc.), or as trustee, executor, or attorney in fact, documentation of the person(s) signatory authority, as described in 310 CMR 40.1074(2)(c), shall be submitted as an exhibit to the Partial Termination of Notice of Activity and Use Limitation;

(c) the Partial Termination of Notice of Activity and Use Limitation shall include a metes and bounds description of the portion of the property for which the Notice of Activity and Use Limitation is no longer required, and:
1. (registered land only) an 81/2" x 11" survey plan, prepared by a Massachusetts Registered Land Surveyor, which shows the metes and bounds of the portion of the property;

2. (registered land only) a reference to the Land Court Plan which shows the boundaries of the portion of the property; or

3. (unregistered land only) reference to a survey plan of the portion of the property, prepared by a Massachusetts Registered Land Surveyor, meeting registry plan recording requirements, and recorded as a plan with the appropriate registry of deeds.

(d) the Partial Termination of Notice of Activity and Use Limitation shall be recorded and/or registered by the property owner at the appropriate Registry of Deeds and/or Land Registration Office;

(e) the person(s) signing the Partial Termination of Notice of Activity and Use Limitation shall submit a statement, on a form prescribed by the Department, certifying that the person(s) or entity identified as the property owner(s) on the Partial Termination of Notice of Activity and Use Limitation owned the property at the time the Partial Termination of Notice of Activity and Use Limitation was recorded and/or registered pursuant to 310 CMR 40.1083(3)(e);

(f) local officials and the public shall be informed of the Partial Termination of Notice of Activity and Use Limitation pursuant to 310 CMR 40.1403(7);

(g) where the Notice of Activity and Use Limitation applies to a disposal site for which a Permanent Solution was previously submitted to the Department, and the Partial Termination of the Notice of Activity and Use Limitation results in a change in the category of Permanent Solution, a revised Permanent Solution Statement and supporting documentation pursuant to 310 CMR 40.1083(1)(d) shall be submitted to the Department; and

(h) within 30 days of recording and/or registering any Partial Termination of Notice of Activity and Use Limitation, the property owner shall submit to the Department:
1. a Registry copy of the Partial Termination of Notice of Activity and Use Limitation bearing the book and page/instrument number and/or document number;

2. if the property subject to the Notice of Activity and Use Limitation is unregistered land, a Registry copy of the Notice of Activity and Use Limitation being partially terminated; and

3. a Registry copy of the required survey plan(s) referenced in the Partial Termination of Notice of Activity and Use Limitation bearing the plan book/plan number(s).

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