310 CMR, § 40.1070 - Implementation of Activity and Use Limitations
(1) One or more of the following Activity and
Use Limitations shall be implemented at each disposal site or portion of a
disposal site where the Activity and Use Limitation is necessary and
appropriate to meet the requirements of
310
CMR 40.1012 or
310
CMR 40.0111(8):
(a) a Grant of Environmental Restriction,
implemented in accordance with
310
CMR 40.1071;
(b) an Environmental Restriction implemented
by the Department, in accordance with
310
CMR 40.1073; or
(c) a Notice of Activity and Use Limitation,
implemented in accordance with
310
CMR 40.1074.
(2) Activity and Use Limitations imposed
pursuant to
310
CMR 40.1012 shall be implemented and adhered
to by the owner and holders of interest(s) in the property and/or a license to
use the property subject to the Activity and Use Limitation, and/or the RP, PRP
or Other Person conducting response actions at the disposal site or portion of
a disposal site in accordance with the procedures established in
310
CMR 40.1070 through
310
CMR 40.1099.
(3) An Activity and Use Limitation shall be
deemed implemented and shall be in effect upon its being duly recorded and/or
registered with the appropriate registry of deeds and/or land registration
office.
(4) Notice of Activity and
Use Limitations implemented at adequately regulated disposal sites subject to
CERCLA shall be subject to those provisions of 310 CMR 40.0000 identified in
310
CMR 40.0111(8) as being
applicable to such Notice of Activity and Use Limitations, including all such
identified provisions contained in
310
CMR 40.1074.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.