§ 3

Citation: § 3
Parent Document: Layes v. RHP Properties, Inc. (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-08-28
Original Source: https://www.courtlistener.com/opinion/4657186/layes-v-rhp-properties-inc/ ↗

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"Oil storage tanks. In recent years, community
     owner/operators have become concerned about their potential
     legal liability stemming from the environmental risks posed
     by leaking underground oil storage tanks. The [Attorney
     General] Regulations require that the cost of removing or
     replacing an oil storage tank should be initially incurred
     by the community owner/operator, who is usually better able
     to pay for or finance these costs upfront. Thus, you [the
     resident] may not be charged directly for the removal or
     replacement of oil storage tanks, but your community
     owner/operator may eventually recover such costs as capital
     improvements, in the manner allowed by law. 940 C.M.R.
     10.03(2)(n). This general rule applies whether the tank is
     above or below-ground. There is one exception to the
     general rule: where your [the resident's] negligence has
     caused the environmental concern or risk posed by the oil
     tank, you may be held directly responsible for removing or
     replacing it."
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