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Brownfield Information - Downgradient Property Owners

Your eligibility for the different types of Brownfield incentives will depend upon your liability status. This page provides Brownfield eligibility information for owners of property downgradient of a release.

Many parties participate in Brownfield developments, and owners of property located down-gradient of the site of the release have specific concerns.  Please check out the links below.

MassDEP Involvement

Massachusetts provides technical assistance through its Regional Brownfields Coordinators. These staff can help municipalities navigate through the process.

Additional Resources

Open file,  State Cleanup Law - MGL Chapter 21E
Open file,  310 CMR 40.00: Massachusetts Contingency Plan
Open file,  Hiring a Licensed Site Professional

Liability Protection

"Downgradient Property Status" provides liability relief to innocent landowners that may be affected by up-gradient releases of oil and hazardous material that they cannot control.

Both the state law and cleanup regulations have specific provisions for owners of downgradient property.

Additional Resources

Open file,  State Cleanup Law - MGL Chapter 21E
Open file,  310 CMR 40.00: Massachusetts Contingency Plan

Contact   for Brownfield Information - Downgradient Property Owners

Online

For general program information, please email your questions to: Email MassDEP Waste Site Cleanup Contact Information at BWSC.Information@mass.gov
For specific questions about waste site cleanup regulations and requirements: Email MassDEP Waste Site Cleanup Contact Information at BWSC.Regulations@mass.gov

Phone

To Report a Spill or Environmental Emergency Call MassDEP Waste Site Cleanup Contact Information, To Report a Spill or Environmental Emergency at 1-888-304-1133

(1) Call your local Fire Department, then (2) Call MassDEP - 24/7

For general information about how the Waste Site Cleanup program works Call MassDEP Waste Site Cleanup Contact Information, For general information about how the Waste Site Cleanup program works at 617-292-5500

MassDEP Boston Headquarters - ask for the Waste Site Cleanup program

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