Any person to whom the Department has issued an order pursuant to M.G.L. c. 21E, § 10(b), who either (1) disputes his or her liability under M.G.L. c. 21E, § 5, or (2) claims he or she was entitled to the benefits of an affirmative defense or limitation on liability set forth in M.G.L. c. 21E or in any other applicable law may petition the Department for reimbursement for the reasonable costs of compliance with such order. No order or determination issued by the Department shall be construed to be an order issued pursuant to M.G.L. c. 21E, § 10(b), unless the Department specifically and in writing provides to that effect.
310 CMR, § 40.1261