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 40.1264 - Grounds for Reimbursement
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.1264
Current through Register 1531, September 27, 2024
The Department may grant the petition, or a portion thereof, if the Department is persuaded that the person to whom the Department has issued such order has complied with the terms thereof, and:
(1) either was not liable under M.G.L. c. 21E or was entitled to the benefits of an affirmative defense or limitation on liability set forth in M.G.L. c. 21E or in any other applicable law; and
(2) the costs for which reimbursement are sought are for compliance with the order and were incurred reasonably and in good faith.
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