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 40.1084 - Process for Implementing a Release of Grant of Environmental Restriction or Partial Release of Grant of Environmental Restriction

Current through Register 1531, September 27, 2024

(1) The Department shall conduct a review of each application for a Release of Grant of Environmental Restriction or Partial Release of Grant of Environmental Restriction to ensure that it conforms to all legal requirements for such instruments.

(2) An application for a Release of Grant of Environmental Restriction shall consist of a completed Form 1084A, set forth in 310 CMR 40.1099, in addition to all other applicable documents set forth in 310 CMR 40.1083.

(3) An application for a Partial Release of Grant of Environmental Restriction shall consist of a completed Form 1083A, set forth in 310 CMR 40.1099, in addition to all other applicable documents set forth in 310 CMR 40.1083.

(4) An application for a Release of Grant of Environmental Restriction or Partial Release of 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 40.1083;

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

(c) is incorrectly filled out.

(5) The Department has no obligation to accept or review an incomplete application for a Release of Grant of Environmental Restriction or Partial Release of Grant of Environmental Restriction.

(6) Processing a Release of Grant of Environmental Restriction Application or Partial Release of Grant of Environmental Restriction Application. For purposes of 310 CMR 4.10(10)(i), 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 approving or disapproving of an application shall apply to the Department's review of a proposed Release of Grant of Environmental Restriction or Partial Release of Grant of Environmental Restriction.

(7) A Release of Grant of Environmental Restriction or Partial Release of Grant of Environmental Restriction shall become effective upon recordation and/or registration with the appropriate Registry of Deeds and/or Land Registration Office.

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