The provisions of 310 CMR 40.0400 apply to releases and threats of release of oil and/or hazardous material that require reporting to the Department under the provisions of 310 CMR 40.0300. No provision of 310 CMR 40.0400 shall limit the authority of the Department to initiate, oversee or order the performance of any response action deemed necessary by the Department to protect health, safety, public welfare or the environment.
310 CMR, § 40.0402