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.

310 CMR 40.1074 (5) states “……Within 30 days of recording or registering a deed conveying record title for a property which is subject in whole or in part to a Notice of Activity and Use Limitation, a copy of such deed containing said reference shall be submitted to the Department. This obligation shall attach both to the grantor and the grantee on such deed, provided that submission of such copy to the Department by either the grantor or the grantee shall satisfy this obligation for both of them.”

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