Approvals Required to Conduct Utility-related Abatement Measures

(1) Utility-related Abatement Measures conducted in conformance with all applicable provisions of 310 CMR 40.0460 shall not require approval from the Department under the provisions of 310 CMR 40.0400. Persons conducting Utility-related Abatement Measures shall comply with all other applicable federal, state and local laws, ordinances, regulations, rules and bylaws. (2) Notwithstanding 310 CMR 40.0463(1), the Department shall have the right to prohibit any person from undertaking any Utility-related Abatement Measure, or to approve such measures subject to such conditions as the Department deems necessary, in order to protect and preserve health, safety, public welfare and/or the environment, based upon site specific circumstances and conditions.