310 CMR 40.0025
Extensions of Deadlines and Time Periods for Force Majeure
(1) Except as provided by 310 CMR 40.0025(2), if any force majeure occurs which causes or
contributes to any delay in compliance with any deadline or time period specified in
M.G.L. c. 21E, 310 CMR 40.0000 or any order or determination issued by the Department,
except a deadline or time period for providing notification of a release or threat of release of oil
and/or hazardous material, or an Imminent Hazard, as required by 310 CMR 40.0300, the
person(s) who is responsible for performing the response action shall notify the Department in
writing promptly upon learning of the delay, and prior to the running of any such deadline or
time period, and state the anticipated length and cause of the delay, the measure or measures to
be taken to minimize the delay and a timetable for implementing those measures, and shall take
appropriate measures to avoid or minimize any delay.
(2) Notwithstanding 310 CMR 40.0025(1), in the event of any delay in compliance with a
deadline established by310 CMR 40.0560, the person undertaking response actions shall comply
with the requirements and procedures set forth in 310 CMR 40.0560.