310 CMR, § 40.0165 - Departmental Requests for Information (RFI)

(1) Upon reasonable request, any person shall furnish information, and provide the Department access to any and all documents, material to a release or threat of release of oil and/or hazardous material or any site or other location where oil and/or hazardous material is or might be located. The Department may request any person to furnish such information through the issuance of a Request for Information.

(2) The Department may require any person to whom a Request for Information is directed to promptly amend or supplement any response thereto upon such person's obtaining new information which is material to the RFI or to correct any errors or omissions in any response thereto later discovered by such person. Such a requirement may be imposed in the RFI itself.

(3) A person to whom a Request for Information is directed shall separate those parts of each and every document responsive to such request which such person claims are protected from disclosure from those parts of the documents to which such person makes no such claim; provided, however, that if such person claims that a document sought, or any part thereof, is a trade secret protected from disclosure, such person shall submit the entire document to the Department together with a request for confidentiality in accordance with 310 CMR 3.00. If a person to whom an RFI is directed claims a document sought, or any part thereof, is protected from disclosure, such person shall submit to the Department those parts which he or she does not claim are entitled to protection with a statement as to the nature of the protected information and the basis for the claim that the information is protected from disclosure.

(4) For each and every document requested that a person to whom a RFI is directed claims is not in his or her possession, custody or control, such person shall submit a statement in response thereto to the effect that he or she does not have the information requested and, if he or she has such knowledge, identify the person or persons from whom the information may be obtained.

(5) RFIs may be made orally or in writing. If the Department issues an oral RFI, the Department shall follow up that request with a written RFI. Each written RFI shall include, without limitation, the following:

(a) a description of the information requested and/or documents to which the Department is seeking access;

(b) a reasonable deadline for providing the information requested or access sought;

(c) the name, address and telephone number of the Department's employee(s), agent(s), representative(s) or contractor(s) to whom the information requested or access sought shall be provided; and

(d) notice to the person to whom the RFI is directed of his or her obligations under M.G.L. c. 21E, §§ 2, 4 and 8, and 310 CMR 40.0165(1) through (4).

Notes

310 CMR, § 40.0165

Amended by Mass Register Issue 1503, eff. 3/1/2024. Amended by Mass Register Issue S1516, eff. 3/1/2024.