Compliance Tip

The LSPA presented the following compliance tip at the November Membership Meeting at the DoubleTree Hotel in Westborough, MA on November 13, 2018.  

Compliance Tip of the Month

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.

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The LSPA presented the following compliance tip at the September Membership Meeting at the Newton Marriott in Newton, MA on September 25, 2018.  

Compliance Tip of the Month
 

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. 

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The LSPA presented the following compliance tip at the June Membership Meeting at the Holiday Inn in Taunton, MA on June 13, 2018.  

Conducting Public Involvement at PIP Sites

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The LSPA presented the following compliance tip at the May Membership Meeting at the DoubleTree Hotel in Westborough, MA on May 17, 2018.  

MassDEP recommends that at sites relying on a sub slab depressurization system (SSDS) to prevent exposure to contaminants of concern, annual checks be conducted of fan operation status and for potential differential pressure drops. These annual checks should be conducted as part of site maintenance and monitoring activities, and are recommended even after the installation of remote monitoring (telemetry). 

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The LSPA presented the following compliance tip at the February Membership Meeting held at the Holiday Inn in Taunton, MA on February 13, 2018. 

A situation that meets one of the Conditions of Substantial Release Migration (CSRM) specified at 40.0006 is not a CSRM and therefore not reportable, unless there is another, separate reportable condition at the site (see 40.0313(4)).  
This issue arises frequently with the detection of VOCs in indoor air.  
If indoor VOC concentrations are not an Imminent Hazard and there is no other reportable condition such as VOCs > RCs in groundwater or soil, the presence of VOCs in indoor air is not a CSRM and is not reportable. 
Without a separate reportable condition, there is no guarantee that the source of the VOCs is at the site.  Nonetheless, in the absence of an obvious source, the LSP is wise to look further.    

Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.

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The LSPA presented the following compliance tip at the January Membership Meeting at Doubletree Hotel in Westborough, MA on January 11, 2018. 

"A feasibility evaluation is required to close any site at which NAPL with Micro-scale Mobility is present. 
310 CMR 40.1003(7)(a)2 states that a Permanent Solution shall not be achieved until "all NAPL with Micro-scale Mobility is removed if and to the extent feasible based upon consideration of CSM principles." 
This feasibility evaluation must be conducted in accordance with the requirements of 310 CMR 0860."

Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.

The LSPA presented the following compliance tip at the November Membership Meeting at the DoubleTree Hotel in Westborough, MA on November 14, 2017.  

If a “Potentially Responsible Party” is asked to undertake additional work as a result of a Notice of Audit Findings or any audit followup plan under the MCP, a BWSC111 form (also called Form 111) is required to be filed.  

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The LSPA presented the following compliance tip at the September Membership Meeting at Marriott Newton Hotel in Newton, MA on September 26, 2017. 

When a property with a Notice of Activity and Use Limitation (AUL) has been sold, the Responsible Party must submit to MassDEP a Form BWSC 113 with a copy of the recorded deed conveying the record title.  Remember it is essential that subsequent property owners be given notice of the AUL.

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June 12, 2017
The LSPA unveiled the following monthly compliance tip on June 8, 2017 at the LSPA Membership Meeting in Westborough, Massachusetts.

Every three years following issuance of her/his license, an LSP must demonstrate that s/he has earned a minimum of 48 continuing education credits.  Of these, at least 12 of the 48 credits must be earned at LSP Board-approved “DEP Course(s)”.  
 
No fewer than 8 credits must be from LSP Board-approved courses classified as “Regulatory.” The balance of the 48 required credits may be earned by attending any LSP Board-approved course, conference, or conference workshop. 
 309 CMR 3.09(3)(a) and (b)
 
 Three things to remember:
  1. Some “DEP Courses” are also “Regulatory.” 
  2. But not all “Regulatory” courses are also “DEP Course(s).”
  3. If a course is classified as a “DEP Course” and a “Regulatory” course (listed as “DEP Course” Regulatory or DEP/Regulatory), it can be applied toward both the 12-credit “DEP Course” requirement and the 8-credit “Regulatory” requirement.

Click here to view all published compliance tips. This document is also posted in the Members Only section of the website under Technical Resources.