310 CMR, § 40.1201 - Purpose, Scope and Applicability
(1)
310
CMR 40.1200 does not apply to any other
compensation, recovery or reimbursement to which the Commonwealth may be
entitled, or to any compensation, recovery or reimbursement to which any person
other than the Commonwealth may be entitled, except as provided by M.G.L. c.
21E, § 3A
(2) The provisions of
310
CMR 40.1200 shall apply to Response Action
Costs incurred on or after October 1, 1993. Nothing in
310
CMR 40.1200 shall prevent the Commonwealth
from recovering Response Action Costs incurred prior to October 1,
1993.
(3) Neither
310
CMR 40.1200 nor any other provision of this
Contingency Plan is intended to provide procedures for the recovery of costs or
damages by private persons.
(4)
These provisions shall not apply to a RP, PRP or Other Person who:
(a) has paid in full annual compliance
assurance fees, including interest if and when applicable, in accordance with
310 CMR 4.00: Timely Action Schedule and Fee Provisions, if
the Response Action Costs were incurred during the period for which such annual
compliance assurance fees were required to be paid for the response action(s)
at or for the site; and
(b) is
performing response actions at the site.
Notes
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