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Environmental Model

Environmental Model

In order to offer our clients “peace of mind” with a “smarter” approach to marketing either known or potentially environmentally-compromised properties, we can provide the strength, unparalleled experience, wisdom, and integrity of our affiliated environmental expert team. No environmental issue is too small or too large for our team to address for a client.

With the haphazard environmental approach most owners or their representatives employ when dealing with the potential transfer of a property, a proactive and thoughtful approach tends to help eliminate the potential risk of a real or perceived diminution in the value of a property. At the same time, the property is properly framed and positioned for a more expedient and efficient transfer of title.

Whether the potential problem is as simple as that of an underground storage tank (UST) issue or as complicated as a threat of petroleum or hazardous materials migrating to a drinking water supply, our team of affiliated experts can address and usually remedy the problem in the most effective and cost efficient manner.

SPECIAL NOTE:

The Massachusetts Contingency Plan

40.0330: Notification Requirements and Procedures

40.0331: Who Shall Notify

(1) The following persons shall notify the Department in accordance with 310 CMR 40.0300 of a release or threat of release of oil or hazardous material:

(a) the owner or operator of a vessel or a site from or at which there is or has been a release or threat of release of oil and/or hazardous material;

(b) any person who at the time of storage or disposal of any hazardous material owned or operated any site at or upon which such hazardous material was stored or disposed of and from which there is or has been a release or threat of release of hazardous material;

(c) any person who by contract, agreement, or otherwise, directly or indirectly, arranged for the transport, disposal, storage or treatment of hazardous material to or in a site or vessel from or at which there is or has been a release or threat of release of hazardous material;

(d) any person who, directly or indirectly, transported any hazardous material to transport, disposal, storage or treatment vessels or sites from or at which there is or has been a release or threat of release of such material;

(e) any person who otherwise caused or is legally responsible for a release or threat of release of oil and/or hazardous material from a site or vessel;

(f) any fiduciary who holds title to or possession of a site or vessel from or at which there is or has been a release or threat of release of oil and/or hazardous material;

(g) any secured lender who holds title to or possession of a site or vessel from or at which there is or has been a release or threat of release of oil and/or hazardous material;

(h) any agency of the Commonwealth or any public utility company that owns a right of way that is a site from or at which there is or has been a release or threat of release of oil and/or hazardous material; and

(i) any person otherwise required to notify the Department of a release or threat of release pursuant to M.G.L. c. 21E.

(2) If a release to the environment has occurred or a threat of release to the environment exists at any site or vessel and there is a substantial likelihood that such release or threat of release includes or would include oil and/or hazardous material which appears at 310 CMR 40.1600 or exhibits any of the characteristics described in 310 CMR 40.0347, then any owner, operator, or fiduciary, or secured lender, who holds title to or possession of such site or vessel, shall determine whether such is the case and whether any such release or threat of release requires notification to the Department under 310 CMR 40.0300.

For more information on Massachusetts 21E terminology simplifications, click here.

©2015 Jay Nuss Realty Group, LLC, 439 Washington Street, Suite 107, Braintree, MA 02184