The following LSPA compliance tip was introduced at the June 2025 Membership Meeting, which was held via Zoom on Wednesday, June 11, 2025, from 3:45 PM - 5:00 PM.

Compliance Tip  
When OHM from an upgradient source migrates onto a disposal site being addressed for other releases, and regardless of whether DPS has been established, that OHM must be included when evaluating risk and/or otherwise seeking to achieve a Permanent Solution for the disposal site. OHM from an upgradient source is not considered “background” and, for example, cannot be excluded as a contaminant of concern.

The following LSPA practice tip was introduced at the March 2025 Membership Meeting, which was held via Zoom on March 20, 2025.

Practice Tip of the Month
Spring is a good time to document the condition of monitoring wells, especially after a busy snowplow season. Well covers that are damaged over the winter may no longer meet the requirements of 310 CMR 40.0028, which specifies:

The following LSPA practice tip was introduced at the February 2025 Membership Meeting, which was held via Zoom on February 12, 2025.

Practice Tip of the Month
When an MCP submittal form is required, you should download the form directly from the MassDEP website. That way you will have the most current version of the form rather than a possibly outdated version saved to your desktop or laptop.

The following LSPA compliance tip was introduced at the December 2024 Membership Meeting, which was held via Zoom on December 18, 2024.

Compliance Tip of the Month
While the MCP requires an assessment of “reasonably foreseeable future changes in site conditions” related to climate change, it does not indicate a specific assessment timeframe. 

The following LSPA compliance tip was introduced at the November 2024 Membership Meeting, which was held via Zoom on November 19, 2024.

Compliance Tip of the Month

The following LSPA practice tip was introduced at the September 2024 Membership Meeting, which was held in-person on September 12, 2024 at the Doubletree Hotel in Westborough, MA.  

Practice Tip of the Month

The following LSPA practice tip was introduced at the June 2024 Membership Meeting, which was held remotely on June 18, 2024 via Zoom.  

Are you studying for the LSP exam? 

The following LSPA compliance tip was introduced at the May 2024 Membership Meeting, which was held remotely on May 16, 2024 via Zoom.  

Compliance Tip of the Month
 The U.S. EPA has promulgated MCLs for PFAS in drinking water; states are required to establish their own regulations that are no less stringent than the federal standards within two years.

The following LSPA compliance tip was introduced at the March 2024 Membership Meeting, which was held remotely on March 14, 2024 via Zoom.  

LSPA Compliance Tip of the Month
Per 310 CMR 40.1406 of the Massachusetts Contingency Plan (MCP), an “Informational Notice to Property Owners” BWSC Form 122 must be completed to advise an owner that their property falls within the boundaries of a disposal site. The MCP specifies when such written notices must be provided and what information they must contain. Copies of all written notices required must be submitted to MassDEP with the corresponding Phase II Report or Permanent or Temporary Solution Statement. 

The following LSPA practice tip was introduced at the February 2024 Membership Meeting, which was held remotely on February 13, 2024 via Zoom.  

Practice Tip of the Month
Many municipalities have areas designated for the protection of groundwater quality to ensure its availability for use as a source of potable water supply (e.g., Aquifer Protection Districts).

The following LSPA compliance tip was introduced at the December 2023 Membership Meeting, which was held remotely on December 12, 2023 via Zoom.  

Compliance Tip of the Month

The following LSPA compliance tip was introduced at the November 2023 Membership Meeting, which was held remotely on November 15, 2023 via Zoom.  

Compliance Tip of the Month

The following LSPA practice tip was introduced at the June 2023 Membership Meeting, which was held in-person at the Westborough Doubletree hotel on June 20, 2023.  

Per 310 CMR 40.0006, Historic Fill cannot contain contaminants that are present as a result of on-site activities. If contaminants at a disposal site could potentially have originated from known historical operations or activities at the site, an LSP needs to first determine that contaminants are not from on-site activities before the contaminants can be attributed to Historic Fill.

The following LSPA practice tip was introduced at the April 2023 Membership Meeting, which was held at the Best Western Royal Plaza Hotel & Trade Center in Marlborough, MA, on April 4, 2023.  

Each state agency has responsibility for trouble-shooting its own eDEP forms.  While MassDEP suggests contacting [email protected] for help with a BWSC form, doing so will only result in a referral to [email protected].  For more immediate assistance with BWSC forms on eDEP, LSPs should contact [email protected] directly. For time sensitive filings you can call the online filing help desk at 617-626-1111.  

The following LSPA practice tip was introduced at the February 2023 Membership Meeting, which was held virtually on February 15,  2023.  

Practice Tip of the Month: 
Administrative issues with Activity and Use Limitations (AULs) commonly result in the issuance of Notices of Noncompliance. One helpful tool for reviewing an AUL and its exhibits and assessing whether all requirements for submitting an AUL have been met, is the AUL Compliance Assistance Checklist available in Appendix I of MassDEP’s 2014 Draft Guidance on Implementing AULs.

The following LSPA practice tip was presented at the January 2023 Membership Meeting, which was held virtually through the Zoom webinar platform, on January 26, 2023.  

Compliance Tip of the Month: 
Pursuant to 310 CMR 40.1403(3)(a), notification to the Chief Municipal Officer and Board of Health of a community in which a Disposal Site is located is required when respirators or other protective clothing (Level A, B, or C Personal Protective Equipment) is used at a Disposal Site. This notification is required at least three days prior to the commencement of such field work or, if the level of protection is upgraded to Level C or above during the course of the work, as soon as practicable.

The following LSPA practice tip was presented at the December 2022 Membership Meeting, which was held virtually through the Zoom webinar platform, on December 14, 2022.  

Compliance Tip of the Month: 
Consistent with 310 CMR 40.1003(7), if all other MCP closure requirements are met, a site with NAPL may be closed with a Permanent Solution With Conditions (PSWC) following complete evaluation of the nature and extent of the NAPL, including demonstration of the following consistent with Policy #WSC-16-450:

The following LSPA practice tip was presented at the November 2022 Membership Meeting, which was held virtually through the Zoom webinar platform, on November 15, 2022.  

Practice Tip of the Month: 
The LSPA has developed a Climate Change MCP Toolkit to assist practitioners as they consider the potential effects of climate change on site assessment and response actions. This is anticipated to be required by the pending amendments to the MCP.  The toolkit includes a flowchart, checklist, two case studies, glossary, and list of resources.

The following LSPA practice tip was presented at the October 2022 Membership Meeting, which was held virtually through the Zoom webinar platform, on October 27, 2022.  

Practice Tip of the Month: 
Did you know MassDEP's position is that discarded carbon canisters, as a generated waste, are a sludge and subject to 310 CMR 30.302: Determination of Whether a Waste is Hazardous? Accordingly, per policy HW94‐007, a spent carbon canister that contains hazardous waste constituents from a listed hazardous waste source must be managed as a hazardous waste, regardless of whether the carbon canisters were used to treat groundwater or vapors from groundwater or soils.

The following LSPA compliance tip was presented at the June 2022 Membership Meeting, which was held virtually through the Zoom webinar platform, on June 21, 2022.  

Compliance Tip of the Month: 
Pursuant to 310 CMR 40.1074(5), in addition to the requirement to incorporate a Notice of Activity and Use Limitation (AUL) into deeds or other instruments of property transfer, a copy of the deed or other instrument (with the incorporated AUL) must be submitted to MassDEP within 30 days of recording. This must be done using Section B, item 11, of the BWSC113 form (note that an LSP signature/stamp is not required for this submittal). Both the former and new property owners have this obligation; however, a submittal provided by either of those parties meets the requirements for both of them.