310 CMR 32.26 - Recording Notice of Land Application of Type III Sludge or Septage

(1) Every person who land applies any Type III sludge or septage, or who owns land on which any Type III sludge or septage is land applied, shall record in the registry of deeds, or if the land in question is registered land, in the registry section of the land court for the district wherein the land lies, a notice which shall contain, at a minimum, the following:

(a) the book and page number or other appropriate cross-reference for the land in the registry of deeds or land court registry section,

(b) the date on which the Department issued the Land Application Certificate pursuant to which the Type III sludge or septage was land applied, and the expiration date of said Land Application Certificate,

(c) the name and address of each facility from which the Type III sludge or septage land applied on the land was obtained, and

(d) for each such facility, the content of the Type III sludge or septage, as stated on the results of the most recent analysis thereof, and the dates on which each such analysis was taken and analyzed .

(2) The deadline for compliance with 310 CMR 32.26(1) shall be when the earliest of the following events occurs:

(a) before the conveyance or lease of the land in question, or any part thereof,

(b) 30 days after the expiration of the Land Application Certificate, or

(c) immediately after the Type III sludge or septage was land applied if it was land applied without a Land Application Certificate in violation of 310 CMR 32.00.

Notes

310 CMR 32.26

Amended by Mass Register Issue 1322, eff. 9/23/2016. Amended by Mass Register Issue 1328, eff. 9/23/2016.