Department Access to Facilities and Records
Effective May 9, 2025Mass. Register #1547MGL c. 21A, §§ 2, 8, 16 and 28 MGL 111, § 2CMassachusetts Department of Environmental Protection
(1) Access.
- (a) For purposes of determining compliance with M.G.L. c. 21A, § 28 and 310 CMR 78.00, personnel or representatives of the Department may, upon presentation of credentials, enter property containing or suspected of containing covered products to inspect or obtain samples from any covered product and to inspect, and copy all records relating to covered products.
- (b) Said inspections shall be conducted during normal business hours or at other reasonable times, with or without prior notice.
(2) Duty to Comply.
- (a) Manufacturers and retailers shall cooperate with and assist Department personnel or authorized representatives and shall not restrict, impede, or delay any inspection or request for information by personnel or authorized representatives of the Department where such inspection or request is made pursuant to a request in accordance with 310 CMR 78.06, or pursuant to the terms of any order or other enforcement document, or as otherwise authorized by law.
- (b) For announced inspections, the manufacturer or retailer shall provide the personnel necessary to provide Department personnel or authorized representatives with access to records and facilities.