The LSPA presented the following compliance tip at the November Membership Meeting at the DoubleTree Hotel in Westborough, MA on November 13, 2018.
An Activity and Use Limitation (AUL) cannot be used to limit the activities and exposures of utility workers conducting emergency excavation and repair of existing subsurface utilities. If the property has a utility line or easement, then at a minimum that area of the site must be cleaned up to a level that poses No Significant Risk for emergency excavation and repair of existing subsurface utilities by workers without personal protective equipment.
310 CMR 40.1074(2)(h): Contents of a Notice of an Activity and Use Limitation
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