Rights of Affected Third Parties

(1) Before executing a Brownfields Covenant Not to Sue Agreement with an Applicant who is seeking liability relief against claims brought by third parties, the Attorney General will provide Affected Third Parties an opportunity to comment on the Application or join the Agreement as appropriate under the specific circumstances presented. (2) Any Affected Third Party may provide comments, during the comment period, to the Attorney General on an Applicant's proposed project. (3) If an Affected Third Party demonstrates to the Attorney General within the comment period that he or she has the basis for a bona fide claim against an Applicant for contribution, Response Action costs or for property damage pursuant to M. G .L. c. 21 E or for property damage under the common law that is related to the Site that is the subject of a proposed Agreement, the Attorney General may ask an Applicant to accommodate or otherwise respond to this claim or may make an Agreement not applicable to this claim. ( 4) The Attorney General may allow an Affected Third Party to join an Agreement when he or she finds that: (a) the Affected Third Party has contributed, or will contribute, significantly to Site remediation or the proposed Eligible Brownfields Project, and the Affected Third Party agrees that any liability relief obtained as a result ofits entering into an Agreement is subject to the Affected Third Party's being bound by the terms of 940 CMR 23.08 and by any specific terms set forth in the Agreement; or (b) allowing the Affected Third Party to join the Agreement will otherwise resolve Site- related liability and is likely to further the public interest.