In 1993, The Massachusetts Department of Environmental Protection promulgated a revised Massachusetts Contingency Plan, referred to as the “MCP’ (310 CMR 40.0000). The MCP is the body of regulations that govern the assessment and cleanup of waste disposal sites in the state. A cornerstone of the revised MCP is the LSP Program. LSP refers to a Massachusetts Licensed Hazardous Waste Site Cleanup Professional. LSPs are scientists and engineers who have demonstrated an expertise in waste site cleanup decision making. To be licensed, an LSP must meet minimum education and relevant professional experience requirements and must pass a comprehensive exam.
LSPs are retained by individuals, corporations or other entities or agencies who may be responsible for the proper management of a waste disposal site in Massachusetts. The LSP’s role is to direct the assessment, characterization, and, to the extent necessary, the cleanup process in a manner consistent with the requirements of the MCP and other relevant regulations and laws. In doing this, the LSP renders professional opinions at specific phases of the process, often referred to as LSP Opinions.
Under the Law, LSPs are required to uphold a Response Action Performance Standard (RAPS). RAPS is defined in the MCP as:
The LSP program is regulated by the Massachusetts Board of Registration of Hazardous Waste Site Cleanup Professionals. To maintain licensure, LSPs are required to attend LSP Board approved continuing education courses and to maintain a code of professional conduct. Among other requirements of the LSP, the LSP Board regulations (309 CMR) state the following:
This professional licensure was the first of its kind in the nation. Variations of the LSP program are being increasingly adopted in other states. Presently, there are approximately 570 active LSPs in Massachusetts.