Timing of Notifications

(1) Two Hour Notifications. Notification to the Department of any release or threat of release specified in 310 CMR 40.0311 and 40.0312 shall be made as soon as possible but not more than two hours after obtaining knowledge that the release or threat of release meets one or more of the sets of notification criteria, unless the person responsible for notifying establishes, by a preponderance of the evidence, that extenuating circumstances prevented notification within said two hour time period. In that event, notification to the Department shall be made as soon as possible thereafter, taking into account the extenuating circumstances. Extenuating circumstances shall include, without limitation, the following: (a) a lack of reasonably available communication equipment at the site of the release or threat of release; (b) a need to take actions prior to notification in order to mitigate or prevent an Imminent Hazard and/or threat to public safety; and/or (c) a physical injury to the person responsible for notifying caused by or associated with the release or threat of release, when the injury reasonably prevents that person from notifying. 40.0332: continued (2) 72 Hour Notifications. Notification to the Department of any release or threat of release specified in 310 CMR 40.0313 and 40.0314 shall be made not more than 72 hours after obtaining knowledge that the release or threat of release meets one or more of the sets of notification criteria. (3) 120 Day Notifications. Notification to the Department of any release specified in 310 CMR 40.0315 shall be made not more than 120 days after obtaining knowledge that the release meets one or more of the sets of notification criteria, and prior to the commencement of any remedial actions at the site, with the exception of Limited Removal Actions, as set forth in 310 CMR 40.0318. (4) If a release or threat of release is subject to more than one notification time period, the shorter time period shall apply. (5) No provision of 310 CMR 40.0332 shall be construed to prevent a person responsible for notifying from implementing a response action necessary to mitigate or prevent an Imminent Hazard. (6) No provision of 310 CMR 40.0332 shall be construed to allow an unreasonable delay in notification of the Department after obtaining knowledge of a release or threat of release that meets one or more of the sets of notification criteria specified in 310 CMR 40.0311 or 40.0312. (7) The notification timelines specified in 310 CMR 40.0332 shall commence at the time that the person required to notify obtains knowledge, or at the time that a person who has knowledge obtains the status of a person required to notify, whichever is later.