Notification Requirements for Persons That Receive a Notice of Responsibility

(1) Except as provided in 310 CMR 40.0336(2), persons who have not previously notified the Department of a release or threat of release in accordance with 310 CMR 40.0300, and who receive a Notice of Responsibility from the Department requiring submittal of a Release Notification Form for a release or threat of release, shall submit such Release Notification Form to the appropriate Department Regional Office within 60 days of receipt of such Notice of Responsibility. (2) Within 60 days of receipt of a Notice of Responsibility pursuant to 310 CMR 40.0336(1), if the recipient of the NOR wishes to assert any of the conditions listed at 310 CMR 40.0336(2)(a) through (d), such person shall provide the Department with a written notice and relevant documentation that supports such assertion. (a) The recipient is not a person described at 310 CMR 40.0331(1). (b) A release of oil or hazardous material did not actually occur. (c) Conditions posing a threat or release did not actually occur. (d) A release or threat of release which did occur did not meet one or more sets of notification criteria set forth in 310 CMR 40.0300.