310 CMR, § 40.0167 - Interim Deadlines

(1) The Department may establish and enforce reasonable Interim Deadlines consistent with M.G.L. c. 21E and 310 CMR 40.0000 for the performance of response actions, and the furnishing of information and provision of access to documents and other information to DEP, including, but not limited to, deadlines for compliance with Requests for Information, applicable orders, permits and other requirements, and deadlines for the termination of settlement discussions.

(2) Any person who is required to comply with an Interim Deadline may request, in writing, an extension thereof prior to the running of any such deadline. Each such request shall state clearly and concisely the facts which are grounds for the extension and the relief sought. The Department may modify an Interim Deadline if it deems such action appropriate. Any such modification shall be made in writing.

(3) The Department shall establish Interim Deadlines in writing by means of, but not limited to, the following:

(a) an approval of an application or work schedule;

(b) the issuance of a permit, Request for Information, Notice of Responsibility or Notice of Response Action; or

(c) the issuance of an order pursuant to M.G.L. c. 21E, § 9 or 10.

(4) The Department's decision to establish, modify or refuse to modify one or more Interim Deadlines in accordance with 310 CMR 40.0167 shall not be subject to M.G.L. c. 30A, or any other law, governing adjudicatory proceedings.

(5) If the person required to comply with an Interim Deadline does not make a timely application for an extension thereof in accordance with 310 CMR 40.0167(2), the Interim Deadline shall be presumed to constitute a reasonable Interim Deadline consistent with M.G.L. c. 21E and 310 CMR 40.0000. Such presumption may be rebutted by a preponderance of the evidence.

Notes

310 CMR, § 40.0167

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