Before an audience of over 200 people on a Zoom videoconference, the LSP Association (LSPA) honored (and surprised!) Paul Locke, Assistant Commissioner, Bureau of Waste Site Cleanup at the Massachusetts Department of Environmental Protection (MassDEP), with its Contribution to the Practice Award.
The LSPA presents this award to an individual or organization from the public, non-profit, or private sector for outstanding contributions to the practice and advancing the profession over the previous year.
The following LSPA compliance tip was presented at the September 2020 Membership Meeting, which was held virtually through the Zoom webinar platform, on September 24, 2020.
The MCP requires that a sketch plan be attached as an exhibit to an AUL. Don’t be fooled by the informality of the term “sketch;” specific information must be included in the plan including:
BWSC Q & A: Covid-19 Edition
At last week's BWSC Office Hours, Paul Locke, BWSC Assistant Commissioner, announced that MassDEP has added a new question to the MCP Q & A: Covid-19 Edition. The question pertains to Limited Removal Action (LRA) Extensions.
The question is whether extensions will be granted in situations where there is an inability to meet the 120-day deadline for completing an LRA. In this case the delay is due to construction shutdowns in Boston.
MassDEP's response is:
If your client cannot conduct the Limited Removal Action prior to the end of the 120 days from the time s/he had knowledge of the PCB release, your client must notify.
The Department has issued guidance (available here) that describes its expectations and application of enforcement discretion for certain delays in conducting response actions during the COVID-19 State of Emergency. As stated in the guidance, all 2-hour, 72-hour and 120 day notifications must continue to be made during the State of Emergency. This is consistent with the provisions at 310 CMR 40.0025(1), which allow for written notices of delay in the case of a Force Majeure "except a deadline or time period for providing notification of a release or threat of release of oil and/or hazardous material, or an Imminent Hazard, as required by 310 CMR 40.0300..."
Questions may be submitted to MassDEP's BWSC at [email protected]. MassDEP staff will respond directly to the questions received and, if a question is of more general interest, post the answers on the webpage.
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City of Boston Covid-19 Tools of the Trade
The City of Boston Inspectional Services Department has implemented new protocols for essential construction work in the City of Boston due to the Covid-19 public health emergency. As of May 18, 2020, The City of Boston began allowing essential construction on sites that met certain criteria, including filing a Covid-19 Safety plan and a signed affidavit.
To stay up to date with the latest news on construction in Boston, visit this website. You will also find Covid-19 guidelines and guidance videos there. Take a look at this video for tips to ensure your Boston jobsite is safe, sanitary and in compliance with Covid-19 requirements. Indoor Air and Covid-19
The LSPA's Technical Practices Committee (TPC) reminds us that the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) has prepared a list of resources to address Coronavirus airborne transmission in hospitals, aircraft and other enclosed spaces. It can be found here.
If the topic of indoor air and building design/ventilation is of interest to you, please consider attending a TPC meeting; this topic is usually one of several meeting agenda items. The committee meets next by Zoom on June 10th from 8 am to 10 am. Contact Committee Chair Roger Thibault to receive the Zoom link.
Occupational Health and Safety
Another resource discussed at a recent TPC meeting is this guidance document from the U.S. Occupational Safety and Health Administration (OSHA) entitled "Guidance on Preparing Workplaces for COVID-19."
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The LSPA received the following email yesterday afternoon from MassDEP BWSC. Among other things, it highlights a fact sheet with guidance outlining expectations related to MCP requirements and site work during the COVID-19 State of Emergency, including discussion of meeting response action deadlines for routine submittals. MassDEP recommends that should work be delayed by postponed field work, reduced staffing, or other interruptions, parties should notify MassDEP of the compliance delay in writing, include the deadline(s) that will be missed, and any measures, if applicable, taken to secure the disposal site during the period of work stoppage. The written notice of delay should be submitted to MassDEP through eDEP using transmittal form BWSC121: Notification of Delay. MassDEP BWSC also notes that it intends to exercise enforcement discretion for failure to meet deadlines for routine submittals during this State of Emergency. |
----------------------------------------------------------------------------------------------------------------------------------------- MassDEP has published a Fact Sheet on the continuity of waste site cleanup activities during the COVID-19 State of Emergency.
I expect we will discuss the new Fact Sheet and other matters during this week's BWSC Office Hours on Thursday morning. (DETAILS: https://www.mass.gov/service-details/bwsc-office-hours-video-calls)
As always, questions can be directed to [email protected] prior to the Thursday call.
I hope you are all safe & well.
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On Friday, April 3, 2020 the LSPA submitted comments to the MA Department of Revenue on Working Draft Regulation 830 CMR 63.38Q.1, the Massachusetts Brownfields Tax Credit. Read our cover letter and the accompanying spreadsheet which presents our comments in more detail. Many thanks to the LSPA's Regulations Committee for compiling comments and to the many LSPA members who shared their feedback on the Working Draft regulation.
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The LSPA received the following email this morning regarding the MassDEP BWSC New Office Hours.
Hope to see you there - virtually.
Waste Site Cleanup Advisory Committee members and Other Interested Stakeholders,
During yesterday's BWSC Advisory Committee meeting, it was suggested that the Bureau hold regular meetings over the next few weeks to address issues that may arise while we work through the new COVID-9 paradigm.
We have set aside time on Thursday mornings, 9:00 - 10:00, during which Liz Callahan and I will be available via Zoom.com.
At the very least we will take your questions, issues and concerns and try to find answer... or provide an opportunity to vent. Feel free to check in during that time, and we'll see how this format works for you (and for us).
It may be productive to send questions in to the [email protected] mailbox so that we can get a head start on the response.
Details for the call are below. You might want to add it to your calendar as a recurring event.
P.S. The handout and link to video from yesterday's meeting is (will be) available through the BWSC Advisory Committee web page.
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Topic: MassDEP Waste Site Cleanup Advisory Office Hours
Date: Every Thursday, Starting April 2, 2020
Time: 09:00 - 10:00 AM Eastern Time (US and Canada)
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Meeting ID: 523 450 5769
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Meeting ID: 523 450 5769
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In anticipation of the LSPA’s November 21, 2019 member meeting on MassDEP’s Natural Resource Damages (NRD) Program, the LSPA highlights one such project: the completion of the Mystic Riverfront Restoration project on the shores of the Mystic River in Arlington, MA at a location directly impacted by a 2013 spill of nearly 10,000 gallons of diesel fuel.
To compensate for the harm to the Mystic River from the spill, MassDEP settled a claim for Natural Resource Damages. These funds support work that began in 2017 and involved MassDEP, DCR, the Town of Arlington's Conservation Commission and DPW.
The LSP Association (LSPA) is sponsoring legislation to address this problem. Senate bill 594 would require insurance companies to automatically provide this coverage. Read more here and here to learn how the LSPA's legislation will close a loophole.
The LSPA presented the following compliance tip at the June Membership Meeting at the Hilton Hotel in Woburn, MA on June 13, 2019.
COMPLIANCE TIP OF THE MONTH
Would it surprise you to know that at least 50 emerging professionals are considering or actively planning to take the LSP Exam in the next few years? That’s how many people attended the LSPA’s event last week hosted by the LSPA's Emerging Professionals Committee.
It was a curious and focused group who attentively listened while three new LSPs shared their experiences:
When: Friday, June 7, 2019
Time: 7:00 AM Registration; 8:00 AM Shotgun Start
Location: Far Corner Golf Course, 5 Barker Road, Boxford, MA - Directions
This event is being held in memory of our dear friends Nancy and Iris on June 7, 2019 at Far Comer Golf Course in Boxford, MA. Registration begins at 7:00 AM, with tee-off at 8:00 AM. |
The LSPA presented the following compliance tip at the May Membership Meeting at the DoubleTree in Westborough, MA on May 16, 2019.
COMPLIANCE TIP OF THE MONTH
The LSPA presented the following compliance tip at the April Membership Meeting at the Holiday Inn in Taunton, MA on April 23, 2019.
COMPLIANCE TIP OF THE MONTH