Filtered by tag: NOAF Remove Filter

Lessons Learned from FY'19 Nature & Extent-Related NONs

All thirteen of the FY'19 audit findings pertaining to Nature and Extent (N&E) reviewed by the LSPA's Loss Prevention Committee (LPC) resulted in Notices of Noncompliance (NONs) issued to Responsible Parties. Permanent Solutions or Response Action Outcomes were invalidated by MassDEP in two cases.  The NONs related to ten Permanent Solution Statements/Response Action Outcomes, one Permanent Solution with Conditions, one Temporary Solution, and one Phase IV submittal. 

MassDEP referenced deficiencies in the following areas:
  • Application of Conceptual Site Models (CSM),
  • Definition of disposal site boundaries,
  • Incomplete data sets and scope of investigation, and
  • Insufficient information to support risk evaluations. 
For more details, read the article by Jim Begley, LSP of MT Environmental Restoration and an LSPA Loss Prevention Committee member.

 

Review of MassDEP's NOAFs Related to Historic Fill and to Downgradient Property Status

Larry McTiernan, PG, LSP, Roux Associates, and a member of the LSPA’s Loss Prevention Committee has been keeping busy reviewing MassDEP’s Notices of Audit Findings (NOAFs) from FY ’19 related to Historic Fill and Downgradient Property Status.
 
In FY ’19, MassDEP issued two NOAFs related to Historic Fill. Both NOAFs were also Notices of Noncompliance and cited one or more violations of the Massachusetts Contingency Plan (MCP). Read a summary of the two NOAFs and key takeaways for each in Larry’s brief article entitled Findings From FY ’19 Historic Fill NOAFs.

In the same fiscal year, there were four MassDEP NOAFs related to Downgradient Property Status (DPS) filings. All four NOAFs cited one or more violations of the MCP requirements for asserting DPS (and thus were also Notices of Noncompliance), and in three of the four cases MassDEP required either the termination or revision of the DPS submittal. As in FY18, the most common violation cited in the FY ’19 DPS NOAFs was the failure to adequately demonstrate that the criterion for asserting DPS set forth at 310 CMR 40.0183(2)(b) had not been met—particularly by failing to rule out an on-site source for the groundwater contamination found at the site. Read Larry's full article here.


July 2020 Newsletter

LSPA's July 2020 Member Newsletter has been published! Table of Contents is listed below. Please log in to your account and visit Member Materials to view the full newsletter.

In this Issue....