Violations of Environmental Restrictions

(1) No person shall violate, suffer, allow or cause any person to violate, an Environmental Restriction or other covenant held by the Department pursuant to M.G.L. c. 21E, § 6. (2) For purposes of identifying and holding persons responsible for Response Action Costs and damages arising out of the violation of an Environmental Restriction or other covenant held by the Department pursuant to M.G.L. c. 21E, § 6, the Department shall consider taking action against only those persons who have violated, suffered, allowed or caused such persons to violate, the Environmental Restriction or other restrictive covenant. In determining whether to initiate enforcement action against any other person who may be liable for such costs or damages under M.G.L. c. 21E, the Department shall consider each of the following: (a) whether the Environmental Restriction or other restrictive covenant has been recorded and/or registered with the appropriate registry of deeds and/or land registration office in accordance with 310 CMR 40.1070 through 40.1099; (b) whether a level of No Significant Risk that relies on the Environmental Restriction or other Covenant has existed or has been achieved at the disposal site as set forth in the Permanent or Temporary Solution Statement; (c) whether such person has taken appropriate steps to prevent the violation; and (d) any other factor the Department deems relevant. (3) No provision of 310 CMR 40.0000 shall be construed to limit the Department's authority to take or arrange, or to require any person to perform, any response action authorized by M.G.L. c. 21E which the Department deems necessary to protect health, safety, public welfare or the environment. (4) No provision of 310 CMR 40.0000 shall be construed to relieve any person from any obligation for Response Action Costs or damages related to a site or disposal site for which that person is liable under M.G.L. c. 21E or from any obligation for any administrative, civil or criminal penalty, fine, settlement, or other damages.