Timely Action and Anticipatory Noncompliance

(1) Except as provided by 310 CMR 40.0025 and 310 CMR 40.0172, each person undertaking one or more response actions shall perform each such response action, or portion of a response action, by the deadline for taking the action imposed by M.G.L. c. 21E, 310 CMR 40.0000 or any order or determination issued by the Department. (2) In the event that the Department finds that a person who is undertaking a response action will likely fail to comply with any deadline for taking such action imposed by 310 CMR 40.0000 or any order or determination issued by the Department, the Department may require that person to provide the Department with reasonable assurance of his or her ability to perform the action in a timely manner, including a compliance schedule, financial assurance and such other assurances as the Department reasonably deems necessary. (3) 310 CMR 40.0024(2) shall not be construed to limit the Department's authority to establish Interim Deadlines in accordance with 310 CMR 40.0167.