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MassDEP AUL Compliance Assistance Letters to be Mailed Soon

MassDEP has asked the LSPA to share the following information.
In December 2020, MassDEP is planning to mail an Activity and Use Limitation (AUL) compliance assistance letter to individuals listed in MassDEP records as owning a property at which a Notice of Activity and Use Limitation has been implemented.  This compliance assistance letter has been sent periodically (previously in 2010 and 2015) to provide property owners with a description of the nature and purpose of an AUL and remind them of their obligation to adhere to the terms of the AUL. 
 
The letter is strictly informational and generic (i.e., it does not reference site-specific AUL conditions) and does not require any response from the property owner to MassDEP.  MassDEP email and telephone contact information will be provided in the letter should the recipient have any additional questions or concerns.  A link to the generic letter is available here.   
 
Note, to avoid confusion, this generic compliance assistance letter will not be sent to those property owners with AULs related to Active Exposure Pathway Mitigation Measures (AEPMMS) that support a Permanent Solution pursuant to 310 CMR 40.1025(7).   Property owners in such cases are required to respond to an annual letter sent by MassDEP to certify the ongoing operation and maintenance of AEPMMs.  MassDEP will be sending the AEPMM annual certification letters in a subsequent mailing.

LSPA Unveils September 2020 Compliance Tip

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:

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Top Takeaways from July 31, 2014 BWSC AUL Guidance Review Meeting

By: Matt Young, Senior Project Manager Environmental Affairs, Cumberland Gulf Group of Companies  and Dave Leone, LSP, Senior Project Manager, GZA GeoEnvironmental, Inc.

LSPA Regulations Committee members were in attendance at the July 31, 2014 MassDEP Bureau of Waste Site Cleanup pre-comment meeting on the public review draft Activity and Use Limitation (AUL) Guidance. The meeting was an informative and productive start to the draft guidance review process. The meeting was moderated by Liz Callahan, Acting Director Div. of Policy and Program Development, and included a presentation by Peggy Shaw, Esq.,

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LSPA Submits Comments on MassDEP's Draft Activity and Use Limitations (AUL) Guidance

LSPA Submits Comments on MassDEP's Draft Activity and Use Limitations (AUL) Guidance

On September 22, 2014, the LSPA sent a letter and submitted comments to MassDEP on its June 2014 Public Review Draft, "Guidance on Implementing Activity and Use Limitations – Policy #WSC14-300". MassDEP is revising its guidance on AULs to accompany the newly amended MCP.