Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 23.00 - Brownfields covenant not to sue agreements
Section 23.09 - Termination for Cause
Current through Register 1518, March 29, 2024
(1) In the event that the Attorney General determines that an Applicant submitted materially false or misleading information as part of his or her application, the Attorney General may terminate the liability protection offered by said Agreement in accordance with 940 CMR 23.09(3). A statement made by an Applicant regarding the anticipated benefits or impacts of the proposed project will not be considered false or misleading for purposes of 940 CMR 23.09(3) if such statement was asserted in good faith at the time it was made.
(2) In the event that the Attorney General determines that an Applicant or a Subsequent Owner or Operator has violated the terms and conditions of an Agreement, the Attorney General may terminate the liability protection offered by said Agreement in accordance with 940 CMR 23.09(3). In the event that the liability protection is terminated solely because of a violation of one or more of the conditions set forth in 940 CMR 23.08(3)(a) through (d) by a Subsequent Owner or Operator, such termination shall affect only the liability protection applicable to such Subsequent Owner or Operator.
(3) Before terminating the liability relief provided by an Agreement, the Attorney General will provide the Applicant or Subsequent Owner or Operator, as appropriate, written notice of the proposed basis for, and a 60-day opportunity to comment on, the proposed termination. The notice from the Attorney General may provide a reasonable period of time for the Applicant or Subsequent Owner, as appropriate, to cure an ongoing violation in lieu of termination of the liability relief provided by an Agreement.
(4) Nothing in 940 CMR 23.09, or in any notice issued pursuant to this section, shall bar or limit the Attorney General, the Department of Environmental Protection, or other Person from seeking any judicial or administrative enforcement of a term or condition of an Agreement.
(5) Termination of liability relief pursuant to 940 CMR 23.09 shall not affect any defense that the Applicant or Subsequent Owner or Operator might otherwise have pursuant to M.G.L. c. 21E, except to the extent that in entering into an Agreement, the Applicant has expressly agreed to waive such defense even in the event of termination of the liability relief provided in such Agreement.
