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submitting an AUL have been met, is the AUL Compliance Assistance Checklist available in Appendix I of MassDEP’s 2014 Draft Guidance on Implementing AULs.
Appendix I is intended to assist parties in preparing AUL submittals, including confirmatory AULs, using Form 1075. In addition to the AUL instrument, the checklist addresses the public notice requirements (e.g., interest holder letters), the BWSC113 transmittal form, and the submittal of AUL documentation to MassDEP.
Click here to view all published compliance and practice tips. This document is also posted in the Members Only section of the website under Technical Resources.