Maintenance of Downgradient Property Status

(1) Each person providing a Downgradient Property Status Submittal, or a Modification of a Downgradient Property Status Submittal, to the Department shall meet the following requirements to maintain such Downgradient Property Status: (a) no act of such person causes the release, contributes to the release, or causes such release to become worse than it otherwise would be; (b) to the extent that such person has ownership or possession of the downgradient pro­ perty, such person provides reasonable access to the downgradient property which is the subject of the Downgradient PropertyStatus Submittal to employees, agents, and contractors of the Department and to other persons conducting response actions; (c) such person takes reasonable steps at the downgradient property that is subject to the Submittal to: 1. eliminate or prevent an Imminent Hazard by conducting an Immediate Response Action; and 2. prevent the exposure of human and environmental receptors to oil and/or hazardous material; 40.0185: continued (d) if such person elects to undertake response actions after providing the Submittal to the Department, conducts such response actions in compliance with M.G.L. c. 21E, and 310 CMR 40.0000; (e) such person makes reasonable efforts to identify persons who may be responsible or potentially responsible for the release and provides the notice required by 310 CMR 40.0183(5) to such persons; and (f) such person does not unreasonably impede or interfere with the implementation of current or likely response actions or the restoration of natural resources by any person. (2) Based upon site-specific circumstances, the Department may require a person who provides a Downgradient Property Status Submittal, or a Modification of a Downgradient Property Status Submittal, to the Department to develop and implement a management plan for the property in order to prevent, eliminate or minimize danger to health, safety, public welfare and/or the environment.