Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart K - AUDITS
Section 40.1120 - Audit Activities

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1120

Current through Register 1531, September 27, 2024

(1) During an audit, the Department may do the following:

(a) examine documents within the Department's records;

(b) request that the person who has performed the response action provide a written explanation, or other supporting evidence, to demonstrate compliance with M.G.L. c. 21E, 310 CMR 40.0000, and other applicable requirements;

(c) request that the person who has performed the response action that is the subject of the audit appear at one of the Department's offices to discuss response actions and provide supporting evidence to demonstrate compliance with M.G.L. c. 21E, 310 CMR 40.0000, and other applicable requirements;

(d) enter and inspect a site or other location to determine whether an RP, PRP, Other Person, response action or site is in compliance with M.G.L. c. 21E, 310 CMR 40.0000, and other applicable requirements;

(e) investigate, take samples at a site and inspect records, conditions, equipment or practices material to the response action or property related to the site; and

(f) take any other actions the Department deems necessary to determine whether response actions have been performed in compliance with M.G.L. c. 21E, 310 CMR 40.0000, and other applicable requirements.

(2) Any person requested to appear for an interview may be represented by an attorney, Licensed Site Professional or other representative.

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