The following LSPA practice tip was presented at the January 2023 Membership Meeting, which was held virtually through the Zoom webinar platform, on January 26, 2023.  

Compliance Tip of the Month: 
Pursuant to 310 CMR 40.1403(3)(a), notification to the Chief Municipal Officer and Board of Health of a community in which a Disposal Site is located is required when respirators or other protective clothing (Level A, B, or C Personal Protective Equipment) is used at a Disposal Site. This notification is required at least three days prior to the commencement of such field work or, if the level of protection is upgraded to Level C or above during the course of the work, as soon as practicable.

The Harvard T.H. Chan School of Public Health is partnering with the Massachusetts Association of Health Boards (MAHB) to host a MAHB Certificate Program. The LSPA has been asked to present at these workshops. This is the only training program that is specifically targeted to elected and appointed Board of Health members. Many health agents and public health nurses also attend, and MAHB provides registered sanitarian, CHO and nursing CEUs. 

On November 5, at the Taunton Holiday Inn, the LSPA program, “Case Study of a Hazardous Waste Site Cleanup,” is being offered from 8:45 AM – 10:00 AM. This presentation is part of Track #2, Community & Environmental Health. The following LSPA Members will be speaking:

By: Jeanine Grachuk, Esq.; Beveridge & Diamond, P.C.; and Loss Prevention Committee member 

When doing any project, consider whether local Board of Health, Planning Board, Wetlands or other municipal ordinances, bylaws, or regulations could limit or restrict your planned work.  Local rules may impact site cleanup by requiring an additional permit or approval or by imposing stricter requirements.  An unusual case-in-point is a set of regulations adopted by the Town of Dartmouth Board of Health in April 2014 which will have the effect of prohibiting certain types of remediation at properties in Dartmouth, if it withstands judicial scrutiny.  At least one LSP has received an Order to Cease and Desist prohibiting transport of such soils from a property located in Dartmouth being remediated under state cleanup law, bringing the remediation to a halt.