Purpose and Scope

(1) The purpose of 310 CMR 40.0300 is to identify oil and hazardous material which are subject to the provisions of this ContingencyPlan, to identifythose releases and threats of release of such oil and hazardous material that require notification to the Department, to set forth the time periods and procedures for notification, and to set forth provisions to allow limited removal of such oil and hazardous material under certain circumstances. (2) Nothing in 310 CMR 40.0300 shall relieve any person described in M.G.L. c. 21E, § 5(a)(1) through (5) from any liability which that person would otherwise possess in connection with a release or threat of release of any oil or hazardous material that is listed at 310 CMR 40.1600, identified by characteristic in 310 CMR 40.0347 or otherwise meets either the definition of oil or the definition of hazardous material, which are set forth in 310 CMR 40.0006. (3) The Department may take response actions, seek any reimbursement or compensation to which the Commonwealth is entitled, and/or pursue enforcement actions in connection with any release or threat of release of oil and/or hazardous material, provided, however, that the Department shall not seek penalties for failure to provide notification to the Department of any release or threat of release: (a) unless notification is required pursuant to the provisions of 310 CMR 40.0300, or (b) for which notification is exempted pursuant to the provisions of 310 CMR 40.0317.