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LSPA Introduces Compliance Tip of the Month for June 2025

by: Kristi F Lefebvre
Category: News
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Jun
12

The following LSPA compliance tip was introduced at the June 2025 Membership Meeting, which was held via Zoom on Wednesday, June 11, 2025, from 3:45 PM - 5:00 PM.

Compliance Tip  
When OHM from an upgradient source migrates onto a disposal site being addressed for other releases, and regardless of whether DPS has been established, that OHM must be included when evaluating risk and/or otherwise seeking to achieve a Permanent Solution for the disposal site. OHM from an upgradient source is not considered “background” and, for example, cannot be excluded as a contaminant of concern.

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September 2021 Newsletter

by: Kristi F Lefebvre
Category: News
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Sep
23

LSPA's September 2021 Member Newsletter has been published! Table of Contents is listed below. Please log in to your account and visit Member Materials to view the full newsletter.

In this Issue....

Review of MassDEP's NOAFs Related to Historic Fill and to Downgradient Property Status

by: Kristi F Lefebvre
Category: News
Tags
May
06
Larry McTiernan, PG, LSP, Roux Associates, and a member of the LSPA’s Loss Prevention Committee has been keeping busy reviewing MassDEP’s Notices of Audit Findings (NOAFs) from FY ’19 related to Historic Fill and Downgradient Property Status.
 
In FY ’19, MassDEP issued two NOAFs related to Historic Fill. Both NOAFs were also Notices of Noncompliance and cited one or more violations of the Massachusetts Contingency Plan (MCP). Read a summary of the two NOAFs and key takeaways for each in Larry’s brief article entitled Findings From FY ’19 Historic Fill NOAFs.

In the same fiscal year, there were four MassDEP NOAFs related to Downgradient Property Status (DPS) filings. All four NOAFs cited one or more violations of the MCP requirements for asserting DPS (and thus were also Notices of Noncompliance), and in three of the four cases MassDEP required either the termination or revision of the DPS submittal. As in FY18, the most common violation cited in the FY ’19 DPS NOAFs was the failure to adequately demonstrate that the criterion for asserting DPS set forth at 310 CMR 40.0183(2)(b) had not been met—particularly by failing to rule out an on-site source for the groundwater contamination found at the site. Read Larry's full article here.