Section 40.0171 - Failure to Perform a Response ActionIn the event that a RP, PRP or Other Person initiates a response action that is determined by the Department to be in noncompliance with M.G.L. c. 21E, 310 CMR 40.0000 or any other applicable requirement, or in the event that no person undertakes a necessary response action, the Department may take any or all of the following actions:
(1) proceed to perform or arrange for the performance of the response action;(2) negotiate a consent order with the RP, PRP or Other Person for the completion of the response action;(3) issue an order under M.G.L. c. 21E, §§ 9 or 10, to the RP, PRP or Other Person to perform the response action; and(4) take any other action and seek any other relief authorized by M.G.L. c. 21E, 310 CMR 40.0000 or any other law.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.