Departmental Notice to Responsible Parties and Potentially Responsible Parties

(1) Notices of Responsibility. (a) The Department shall attempt to identify and notify RPs and PRPs of their potential liability under M.G.L. c. 21E through the issuance of a Notice of Responsibility (NOR) prior to taking or arranging a response action. The determination of whom to notify of their potential liability under M.G.L. c. 21E rests in the sole discretion of the Department. The Department's failure to notify any particular RP or PRP shall not preclude recovery by the Commonwealth or any other person against that RP or PRP for any reimbursement or compensation to which the Commonwealth or that person is entitled, nor shall it preclude the Department or any other person from taking any other action authorized or required by M.G.L. c. 21E, 310 CMR 40.0000, any order or determination issued by the Department or any other law. (b) The Department may notify RPs and PRPs, orally or in writing, of their potential liability under M.G.L. c. 21E. If the Department provides such oral notice, the Department shall follow up such notice with a written NOR. Written NORs shall include a summary of actions undertaken to date at the site by the Department, RPs, PRPs and Other Persons and a description of the following: 1. the actions which the Department currently determines are necessary to respond to the release or threat of release; 2. the procedure by which, and extent to which, the RP or PRP can become involved in the response action; and 3. the liability which the RP or PRP may incur as a result of the release or threat of release. 40.0160: continued (2) Notice of Intent To Take a Response Action. (a) The Department shall attempt to notify the owner or operator of a site, or a fiduciary or secured lender that has title to or possession of a site, from or at which there is or has been a release or threat of release of oil and/or hazardous material of the Department's intent to perform a response action at the site. (b) Such notice may be made orally or in writing. The Department shall provide written notice of its intent to perform a response action whenever time allows. (c) Such notice will not be given if the Department is unable to identify or locate the owner or operator, or fiduciary or secured lender that has title to or possession of the site, or when providing such notice would be impractical because of an emergencyor other circumstances. In cases where the notice is impractical in view of the emergency or other circumstances, the Department shall promptlythereafter notifythe owner or operator, or the fiduciaryor secured lender that has title to or possession of the site, in writing that the Department has undertaken a response action at the site. (d) Failure by the Department to give notice to an owner or operator of the Department's intention to perform a response action shall not limit or preclude any RP's or PRP's liability pursuant to M.G.L. c. 21E, 310 CMR 40.0000 or any other law.