Submitting a Brownfields Covenant application

Find the documents and instructions for submitting an application for your project.

Required steps prior to submitting an application to the AGO for a Brownfields Covenant Not to Sue:

1. Read and familiarize yourself with the AGO’s regulations at 940 C.M.R. 23.00 and FAQs 
2. Familiarize yourself with the Oil and Hazardous Material Release Prevention and Response Act, M. G. L. c. 21E 
3. Discuss Eligible Project with the AGO prior to submitting a final and/or draft application

Once the AGO has reviewed the draft application and discussed with the applicant and the Eligible Project has been discussed with AGO and DEP, submit an electronic and hard copy of the following materials to the AGO:

1. BCNTSA Application Form
2. Notice of Rights of Affected Third Parties - for applicants seeking protection from claims for contribution, Response Action costs, or property damage by third parties. An applicant must provide notice to third parties in accordance with the Brownfields Covenant Regulations, 940 CMR 23.00, no later than five (5) days after the Date of Application (final application)
3. Eligible Person Certification - for applicants who wish to be considered an Eligible Person. An applicant must submit this 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

Please send all draft and final application materials electronically as an email attachment to [e-mail] and [e-mail].

The hard copy of the application should be mailed to:

Betsy Harper

Deputy Division Chief

Assistant Attorney General

Environmental Protection Division

Office of the Attorney General

One Ashburton Place

Boston, MA 02108