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 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 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submitting an AUL have been met, is the AUL Compliance Assistance Checklist available in Appendix I of MassDEP’s 2014 Draft Guidance on Implementing AULs.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 compliance tip was presented at the May 2022 Membership Meeting, which was held virtually through the Zoom webinar platform, on May 18, 2022.
Practice Tip of the Month:
The following LSPA compliance tip was presented at the October 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on October 28, 2021.
Compliance Tip:
Even if you have demonstrated that no Imminent Hazard exists and there is a condition of No Significant Risk at your site, you still need to address a Critical Exposure Pathway (CEP) if one has been identified. As required by 310 CMR 40.0414(3)&(4), you must conduct response actions to eliminate, prevent, and/or mitigate the CEP, or submit documentation that it is not feasible to do so.
The following LSPA compliance tip was presented at the November 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on November 17, 2021.
Compliance Tip:
Once a Notice of Activity and Use Limitation (AUL) has been filed, the Disposal Site should be reviewed periodically to confirm that the conditions and obligations contained in the AUL are being complied with and/or maintained (310 CMR 40.1070, et seq.). MassDEP routinely performs field audits of sites with AULs, often several years after filing. LSPs should remind their clients that compliance with AUL conditions and obligations is required, and should document these reminders.
The following LSPA practice tip was presented at the September 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on September 14, 2021.
Practice Tip - MassDEP’s Private Well PFAS Testing
MassDEP is conducting free PFAS testing for a limited number of private wells, focusing on 84 Massachusetts towns where 60% or more of residents are served by private wells. Practitioners should know about MassDEP’s Story Map which is regularly updated to present the results of this private well sampling to date.
The following LSPA compliance tip was presented at the April 2021 Membership Meeting, which was held virtually through the Zoom webinar platform, on April 15, 2021.
Compliance Tip of the Month
The following LSPA compliance tip was presented at the December 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on December 15, 2020.
Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.
Meeting Date & Location Topic & Speaker Wednesday, September 18, 2019
Boston Marriott Newton, Newton Liz Callahan and Paul Locke, MassDEPThursday, September 26, 2019
Hilton Garden Inn, SpringfieldEnvironmental Law: Part 1
Jeanine Grachuk, Beveridge & Diamond1.0 non-DEP Regulatory CreditCourse #1626AThursday, October 17, 2019
Mechanics Hall, WorcesterAnnual Dinner October 2019
Hilton Garden Inn, Springfield Environmental Law: Part 2
Michelle O'Brien, Pierce Atwood LLP1.0 non-DEP Regulatory CreditCourse #1626BThursday, November 21, 2019
Doubletree Hotel, WestboroughTopic for Credit November 2019
Hilton Garden Inn, SpringfieldEnvironmental Law: Part 3 December 2019
Downtown Boston AreaCo-Sponsor the EBC Winter Garden Party Thursday, January 16, 2020
Doubletree Hotel, AndoverTopic for Credit Michael Marley, XDD EnvironmentalWednesday, February 12, 2020
Doubletree Hotel, WestboroughTheory and Applications of ISCO Injectate Selection and
In Situ Remediation Using Activated Carbon Based InjectatesCourse #1677Thursday, March 19, 2020
Holiday Inn, MansfieldTopic for Credit Tuesday, April 14, 2020
Crowne Plaza, WoburnTopic for Credit Tuesday, May 19, 2020
Doubletree Hotel, WestboroughTopic for Credit Thursday, June 18, 2020
Holiday Inn, TauntonTopic for Credit and LSPA Scholarship Presentation
The LSPA presented the following compliance tip at the April Membership Meeting at the Holiday Inn in Taunton, MA on April 23, 2019.
COMPLIANCE TIP OF THE MONTH
The LSPA presented the following compliance tip at the March Membership Meeting at the DoubleTree Hotel in Westborough, MA on March 19, 2019.
Compliance Tip of the Month
LSPs must not delete the note at the top of the first page of Form 1075
"[Confirmatory] Notice of Activity and Use Limitation."
The note is part of the document; it is not optional.
310 CMR 40.1099 Forms for Activity and Use Limitations
The LSPA presented the following compliance tip at the September Membership Meeting at the Newton Marriott in Newton, MA on September 25, 2018.
The LSPA’s review of recent Notices of Audit Findings indicates that a common violation of sites in Remedy Operation Status (ROS) is the failure to fulfill reporting obligations.
Mark your calendars! The LSPA Membership Meeting dates and locations for 2018-2019 have been announced. The LSP Association's membership meetings take place monthly from September through June in the Greater Boston area. Click here to view the schedule for the upcoming year.
Member meetings are also held in Springfield, MA about four times a year; the schedule is announced as meeting topics become available. The first meeting is September 13, 2018 "A Fresh Look at Brownfields Challenges and Opportunities"
LSPA’s Western Massachusetts Committee had a record-breaking number of attendees at its membership meeting on Monday, January 29.
We would like to thank our speakers of the evening: Mr. Jason Barroso, Waste Management, Inc.; Mr. Hugo DelRosso, US Ecology and Ms. Eva Tor, Bureau of Waste Site Cleanup, MassDEP’s Western Regional Office. The speakers addressed the topic of Waste Management Considerations for MCP Projects to an audience of 60+.