A Permittee shall promptly notify the Department and each municipality or county commissioner in the unorganized or deorganized areas of the State in which the mining areas and the affected areas are located of any incident, act of nature or violation of a permit standard or condition related to the mining operation that has created, or may create, a threat to the environment, natural resources, or public health and safety.
A. Notification to an authorized representative of the Department during normal business hours, or to the Department pollution emergency alerting system between 5 p.m. and 8 a.m. and on weekends and holidays shall be made by telephone or in person as soon as possible, and in any case within 2 hours following the incident, act of nature or exceedance.B. The Permittee shall submit to the Department a detailed written incident report of the incident, act of nature or exceedance within 5 days of discovery, including: (1) The name of the Permittee;(2) The name of the person reporting the incident, act of nature, or exceedance;(3) The date and time of the incident, act of nature, or exceedance;(4) The nature of the incident, act of nature, or exceedance;(5) The nature and degree of the threat to the environment, natural resources, or public health or safety; and(6) Response actions taken or planned.C. If the response to the incident, act of nature or exceedance is not concluded at the time the written incident report is required, then the Permittee shall submit to the Department a written final incident report within 30 days after the incident response is concluded. The final incident report must contain a summary of the initial incident report and an account of all response actions taken. If the final response to the incident, act of nature or exceedance is not concluded within 30 days, then the Department may require periodic progress reports.D. Records upon which reports are based must be preserved by the Permittee in accordance with section 28 of this Chapter.06-096 C.M.R. ch. 200, § 6-27