Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 23.00 - Brownfields covenant not to sue agreements
Section 23.02 - Definitions
Activity and Use Limitation shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and in 310 CMR 40.0006.
Affected Third Parties means those Persons with potential claims against an Applicant for contribution, Response Action costs or for property damage pursuant to M.G.L. c. 21E or for property damage under the common law, who have received notice and an opportunity to join a Brownfields Covenant Not to Sue Agreement pursuant to 940 CMR 23.04(2), provided that, with respect to an Applicant who is not an Eligible Person, a Person shall not be considered an Affected Third Party for purposes of determining whether his or her rights to bring a claim for contribution, Response Action costs or for property damage pursuant to M.G.L. c. 21E or for property damage under the common law have been affected by a Brownfields Covenant Not to Sue Agreement unless he or she has received notice in hand or by registered mail, return receipt.
Applicant means a Person seeking to enter into a Brownfields Covenant Not to Sue Agreement with the Commonwealth.
Attorney General means the Attorney General or his or her designee.
Brownfields Covenant Not to Sue Agreement or Agreement means an agreement authorized by M. G.L. c. 21 E, § 3A(j)(3), entered into between the Commonwealth and a current or prospective Owner or Operator of a Site.
Date of Application means the date of delivery of an application to enter into a Brownfields Covenant by mail or hand to the Office of the Attorney General.
Development Plan means a plan submitted in accordance with 940 CMR 23.04(2).
Downgradient Property Status shall have the same meaning as that used in 310 CMR 40.0180.
Economically Distressed Area shall have the same meaning as that set forth in M.G.L. c. 21E, § 2.
Eligible Brownfields Project means a development project on a Site or portion of a Site that will contribute to the economic or physical revitalization of the community in which the Site is located by providing one or more of the following public benefits:
(a) new, permanent jobs;
(b) affordable housing benefits;
(c) historic preservation;
(d) the creation or revitalization of open space; or
(e) some other public benefit to the community in which the Site that includes the project is located, as determined by the Attorney General.
A project that provides any of the benefits listed in 940 CMR 23.02: Eligible Brownfields Project (a) through (d) will be presumed to contribute to the economic or physical revitalization of the community in which it is located. A project that has support from the chief executive officer of the municipality in which the project is located will be presumed to contribute to the economic or physical revitalization of the community in which it is located.
Eligible Person shall have the same meaning as that set forth in M.G.L. c. 21E, § 2.
Eligible Person Certification means a certification made on a form prescribed by the Attorney General that is designed to provide the Attorney General with a basis for evaluating whether an Applicant who wishes to be considered an Eligible Person is an Eligible Person. The certification shall describe the periods of the Applicant's ownership or operation of the Site that is the subject of the Agreement, the nature of the Applicant's activities at the Site, and the use that the Applicant made of Oil or Hazardous Materials at the Site, and it shall provide such other information deemed by the Attorney General to be relevant in evaluating whether the Applicant is an Eligible Person. The certification shall be signed under pains and penalties of perjury by the Applicant's employee(s) with the most knowledge of the issues that are the subject matter of the certification.
Environmental Monitor means the publication of that name issued by the Massachusetts Environmental Policy Act (MEPA) Unit of the Massachusetts Executive Office of Energy and Environmental Affairs.
Exposure shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and in 310 CMR 40.0006.
Feasible shall have the same meaning as that used in 310 CMR 40.0860.
Hazardous Material shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and in 310 CMR 40.0006.
Licensed Site Professional means a waste site cleanup professional licensed pursuant to M.G.L. c. 21A, §§ 19 through 19J.
MCP means the regulations promulgated by the Department of Environmental Protection that are known as the Massachusetts Contingency Plan, and that appear at 310 CMR 40.0000.
Notice of Responsibility shall have the same meaning as that set forth in 310 CMR 40.0006.
Notice of Rights of Affected Third Parties means the notice form that Applicants must complete and distribute pursuant to 940 CMR 23. 04(2) if they are seeking liability protection against third party claims for contribution, Response Action costs or for property damage pursuant to M.G.L. c. 21E or for property damage under the common law.
Oil shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and in 310 CMR 40.0006.
Operator shall have the same meaning as that set forth in M.G.L. c. 21E, § 2.
Owner shall have the same meaning as that set forth in M.G.L. c. 21E, § 2.
Permanent Solution shall have the same meaning as that set forth in 310 CMR 40.0006.
Person shall have the same meaning as that set forth in M. G.L. c. 21E, § 2, and in 310 CMR 40.0006.
Proposed Remediation Status means the level of remediation proposed by an Applicant for the Site that is the subject of the Brownfields Covenant Not to Sue Agreement, including a Permanent Solution, Remedy Operation Status, or Temporary Solution.
Release shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and in 310 CMR 40.0006.
Release Tracking Number shall have the same meaning as that set forth in 310 CMR 40.0006.
Remedy Operation Status shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and used in 310 CMR 40.0893.
Response Action shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and in 310 CMR 40.0006.
Secretary of Energy and Environmental Affairs means the Secretary of the Massachusetts Executive Office of Energy and Environmental Affairs or his or her designee.
Site shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and in 310 CMR 40.0006.
Standard of Care shall have the same meaning as that set forth in M. G.L. c. 21E, § 2.
Subsequent Owner or Operator means a Person who first begins ownership or operation of the property that is subject to a Brownfields Covenant Not to Sue Agreement subsequent to execution of that Agreement.
Temporary Solution shall have the same meaning as that set forth in 310 CMR 40.0006.
Threat of Release shall have the same meaning as that set forth in M.G.L. c. 21E, § 2, and in 310 CMR 40.0006.
