Section 40.0184 - Effect of Providing a Downgradient Property Status Submittal or a Modification of a Down gradient Property Status Submittal(1) Any person who establishes and maintains Downgradient Property Status in accordance with the requirements and procedures in 310 CMR 40.0180 shall not be subject to the subsequent deadlines for Tier Classification and Comprehensive Response Actions in 310 CMR 40.0500, unless and until such Status is terminated in accordance with 310 CMR 40.0186.(2) Upon receipt of a Downgradient Property Status Submittal or a Modification of a Downgradient Property Status Submittal filed in accordance with 310 CMR 40.0183 or 40.0187, respectively, the Department shall suspend the assessment of Tier I or Tier II annual compliance assurance fees, if applicable, on the person making such Submittal; provided, however, that payment of such fees shall be required for the billable year in which the Submittal is provided to the Department, except as provided in 310 CMR 4.03: Annual Compliance Assurance Fee.(3) The provision of a Downgradient Property Status Submittal, or a Modification of a Downgradient Property Status Submittal, to the Department shall not relieve any person from any prospective obligation to provide notification in accordance with 310 CMR 40.0300 or to perform Immediate Response Actions required by 310 CMR 40.0410. Any person providing a Downgradient Property Status Submittal, or a Modification of a Downgradient Property Status Submittal, to the Department may perform Release Abatement Measures in accordance with 310 CMR 40.0440, Utility-related Abatement Measures in accordance with 310 CMR 40.0460, and/or a Phase I - Initial Site Investigation Activities in accordance with 310 CMR 40.0480.(4) The provision of a Downgradient Property Status Submittal, or a Modification of a Downgradient Property Status Submittal, to the Department shall not relieve any person from any obligation for the cost of response actions related to the disposal site for which that person is legally responsible or in any way affect any legal or equitable right of the Department to issue any future order with respect to the disposal site that is the subject of the Submittal or any other claim, action, suit, cause of action or demand which the Department may have with respect to the disposal site, except as provided by 310 CMR 40.0184(1).(5) No provision in 310 CMR 40.0180 shall be construed to relieve any person from any obligation to conduct response actions in response to any release of oil and/or hazardous material which does not meet the criteria in 310 CMR 40.0183(2)(b).(6) The provision of a Downgradient Property Status Submittal, or a Modification of a Downgradient Property Status Submittal, to the Department pursuant to 310 CMR 40.0183 or 310 CMR 40.0187, respectively, shall not be construed as, or operate as, barring, diminishing, or in any way affecting any legal or equitable right, defense, claim, demand or cause of action that the person providing such Submittal may have under applicable law.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.