Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart K - AUDITS
Section 40.1101 - Purpose, Scope and Applicability

(1) The regulations published at 310 CMR 40.1101 through 40.1199, collectively referred to as 310 CMR 40.1100, establish procedures for the Department to audit a sufficient number of response actions not overseen or conducted by the Department to ensure that those response actions are performed in compliance with M.G.L. c. 21E, 310 CMR 40.0000, and any other requirement applicable to such response actions.

(2) During each fiscal year, the Department shall audit a statistically significant number of all sites, as determined by the Department, for which annual compliance assurance fees are required to be paid pursuant to M.G.L. c. 21E, § 3B. The Department may establish additional audit targets for categories of persons, response actions or sites based on the level of Department oversight provided to each category.

(3) In its audit of any response action submittal, the Department shall base its finding of any violation or assessment of a penalty on the Massachusetts Contingency Plan and Response Action Performance Standard in effect at the time of its receipt of the submittal.