The execution of Brownfields Covenant Not to Sue Agreements is governed by Section 3A(j)(3) of M.G.L. c. 21E ("Chapter 21E") , and the Attorney General's Brownfields Covenant Regulations, 940 CMR 23.00. Applicants are encouraged to familiarize themselves with the terms of that statutory section and those regulations before completing this application. Any term used in the application below that is defined in 940 CMR 23.00 shall have the same meaning as set forth there, and is capitalized in the application.
Applicants must submit this application in hard copy, together with an electronic version. The filing of an electronic version may be waived for good cause shown.
In addition to completing this application, an applicant may be requested to provide further information that the Attorney General deems necessary to complete review of the proposed project.
An applicant seeking protection from claims by third parties must prepare a Notice of Rights of Affected Third Parties, attach it to the application, and use it to provide notice to third parties in accordance with the Brownfields Covenant Regulations, 940 CMR 23.00.
An applicant who wishes to be considered an Eligible Person must submit a signed Eligible Person Certification if the Releases for which the applicant is seeking liability relief were reported to MassDEP after the applicant's first owning or operating the Site.