Computation of Time Periods and Deadlines

(1) General. Unless otherwise specifically provided by law, 310 CMR 40.0000 or any order or determination issued pursuant to M.G.L. c. 21E or 310 CMR 40.0000, any time period or deadline prescribed or referred to in 310 CMR 40.0000 or in any order or determination issued pursuant to M.G.L. c. 21E or 310 CMR 40.0000 shall begin with the first day following the act which initiates the running of the time period, and shall include every calendar day, including the last day of the time period so computed. If the last day is a Saturday, Sunday, legal holiday, or any other day on which the offices of the Department are closed, the time period shall run to the end of the next business day. (2) Determining Date of Issuance of Document. Except as provided by 310 CMR 40.0008(5), each document given by the Department to a person pursuant to M.G.L. c. 21E and/or 310 CMR 40.0000 shall be deemed to be issued by the Department as follows: (a) if served in hand, the document shall be deemed to be issued on the date when delivered: 1. personally to the person; or 2. personally to any officer, employee, or agent of the person authorized by appointment of the person or by law to accept service; or 3. at the person's last known address in the Commonwealth; or 4. at the last known address of any officer, employee, or agent of the person authorized by appointment of the person or by law to accept service; or (b) if given by mail (either regular mail or certified mail, return receipt requested), the document shall be deemed to be issued on the date of mailing. (3) Determining Date of Receipt of Document Issued by the Department. Each document given by the Department to a person pursuant to M.G.L. c. 21E and/or 310 CMR 40.0000 shall be deemed to be received by said person as follows: (a) if served in hand, the document shall be deemed to be received when delivered: 1. personally to the person; or 2. personally to any officer, employee, or agent of the person authorized by appointment of the person or by law to accept service; or 3. at the person's last known address in the Commonwealth; or 4. at the last known address of any officer, employee, or agent of the person authorized by appointment of the person or by law to accept service; or (b) if given by certified mail, return receipt requested, the document shall be deemed to be received either: 1. when signed for by: a. the person; or b. the person's officer, employee, or agent, including, without limitation, anyofficer, employee, or agent, authorized by appointment of the person or by law to accept service; 2. when returned by the U.S. Postal Service to the Department as unclaimed, unless the Department is persuaded that the document was not claimed for reasons beyond the control of the person to whom the document was sent; (c) if given by regular mail, the document shall be deemed to be received no later than the third business day after it is mailed to the person, unless the Department is persuaded otherwise by the person to whom the document was mailed. (4) Determining Date of Receipt of Document Submitted to the Department. Except as provided by 310 CMR 40.0008(5), each document required by, or submitted pursuant to, 310 CMR 40.0000 shall be deemed received by the Department as follows: (a) if served in hand, the document shall be deemed to be received on the date when delivered to the appropriate regional office of the Department (i.e. the date stamped received), unless the date stamped is rebutted by production of a receipt from the Department; provided, however, that if the date stamped reflects a date within seven days of the date the submittal is due, the submittal shall be deemed to have been received by the due date; 40.0008: continued (b) if given by regular mail, the document shall be deemed to be received when delivered to the appropriate office of the Department (i.e. the date stamped received); provided, however, that if the date stamped reflects a date within seven days of the date the submittal is due, the submittal shall be deemed to have been received by the due date; (c) if given by certified mail, return receipt requested, the document shall be deemed to be received when delivered to the appropriate office of the Department (i.e. the date stamped received), unless the date stamped is rebutted by production of the return receipt; provided, however, that if the date stamped reflects a date within seven days of the date the submittal is due, the submittal shall be deemed to have been received by the due date; or (d) if given by electronic transmission, where the Department provides for submitting the document by such means, the document shall be deemed to be received on the date the transmission is delivered to the Department, except as provided in 310 CMR 40.0008(4)(d)1.: 1. if the date the transmission is delivered to the Department is within seven days of the date the submittal is due, the submittal shall be deemed to have been received by the due date; 2. for documents submitted electronically, submission of a printed copy to the Department shall not be required. (5) Exceptions. (a) Adjudicatory Proceedings. Documents required or permitted to be filed under 310 CMR 1.00: Adjudicatory Proceedings, and 310 CMR 5.00: Administrative Penalty, shall be filed in accordance with 310 CMR 4.00: Timely Action Schedule and Fee Provisions. (b) Interim Deadlines and Notices of Noncompliance. For purposes of determining whether a person has complied with an Interim Deadline or come into compliance with a requirement by the date specified in a Notice of Noncompliance, each document required to be submitted shall be deemed received by the Department as follows: 1. if served in hand, the document shall be deemed to be received on the date when delivered to the appropriate office of the Department (i.e. the date stamped received), unless the date stamped is rebutted by production of a receipt from the Department; 2. if given by regular mail, the document shall be deemed to be received on the date when delivered to the appropriate office of the Department (i.e. the date stamped received); 3. if given by certified mail, return receipt requested, the document shall be deemed to be received when delivered to the appropriate office of the Department (i.e. the date stamped received), unless the date stamped is rebutted by production of the return receipt; or 4. if given by electronic transmission, the document shall be deemed to be received on the date the transmission is delivered to the Department. (c) Presumptive Approval of IRAs. Each written request for approval of an IRA shall be given to the Department by electronic transmittal, certified mail, return receipt requested, or served in hand. Each such submittal shall be deemed received by the Department as follows: 1. if served in hand, the document shall be deemed to be received on the date when delivered to the appropriate office of the Department (i.e. the date stamped received), unless the date stamped is rebutted by production of a receipt from the Department; 2. if given by certified mail, return receipt requested, the document shall be deemed to be received when delivered to the appropriate office of the Department (i.e. the date stamped received), unless the date stamped is rebutted by production of the return receipt; or 3. if given by electronic transmission, the document shall be deemed to be received on the date the transmission is delivered to the Department. (d) Notification of Releases, Threats of Release and Imminent Hazards. Each notification required by 310 CMR 40.0300 shall be given to the Department (i.e. received) as follows: 1. if given orally, the notification shall be deemed to be received on the date and at the time when communicated in person or by telephone; 2. if given in writing and served in hand, the notification shall be deemed to be received on the date when delivered to the appropriate office of the Department (i.e. the date stamped received), unless the date stamped is rebutted by production of a receipt from the Department; 40.0008: continued 3. if given in writing by regular mail, the notification shall be deemed to be received on the date when delivered to the appropriate office of the Department (i.e. the date stamped received); 4. if given in writing by certified mail, return receipt requested, the notification shall be deemed to be received on the date when delivered to the appropriate office of the Department (i.e. the date stamped received), unless the date stamped is rebutted by production of the return receipt; or 5. if given by electronic transmission, the notification shall be deemed to be received on the date the transmission is delivered to the Department.