Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart L - COST RECOVERY, LIEN HEARINGS AND PETITIONS FOR REIMBURSEMENT OF INCURRED COSTS
Section 40.1201 - Purpose, Scope and Applicability

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1201

Current through Register 1531, September 27, 2024

(1) 310 CMR 40.1200 does not apply to any other compensation, recovery or reimbursement to which the Commonwealth may be entitled, or to any compensation, recovery or reimbursement to which any person other than the Commonwealth may be entitled, except as provided by M.G.L. c. 21E, § 3A<j)(2) or M.G.L. c. 21E, § 3B.

(2) The provisions of 310 CMR 40.1200 shall apply to Response Action Costs incurred on or after October 1, 1993. Nothing in 310 CMR 40.1200 shall prevent the Commonwealth from recovering Response Action Costs incurred prior to October 1, 1993.

(3) Neither 310 CMR 40.1200 nor any other provision of this Contingency Plan is intended to provide procedures for the recovery of costs or damages by private persons.

(4) These provisions shall not apply to a RP, PRP or Other Person who:

(a) has paid in full annual compliance assurance fees, including interest if and when applicable, in accordance with 310 CMR 4.00: Timely Action Schedule and Fee Provisions, if the Response Action Costs were incurred during the period for which such annual compliance assurance fees were required to be paid for the response action(s) at or for the site; and

(b) is performing response actions at the site.

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