The LSPA presented the following compliance tip at the March Membership Meeting at the DoubleTree Hotel in Westborough, MA on March 15, 2018.  

When making the case for Downgradient Property Status (DPS, 310 CMR 40.0180), an LSP must demonstrate that the DPS property has not contributed to the release in question (see 310 CMR 40.0183(2)(b)(c)). 

MassDEP Notices of Audit Findings indicate that typical DPS issues involve inadequate assessment of potential on-site sources and failure to adequately demonstrate groundwater flow direction and contaminant concentration gradients supportive of DPS.  

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