The following LSPA compliance tip was introduced at the March 2026 Membership Meeting, which was held via Zoom on Wednesday, March 18, 2026, from 3:45-5:00 PM.

Compliance Tip  
To encourage development, the Brownfields Act exempted Eligible Persons from having to investigate the extent of soil contamination beyond the extent of their own property. However, 40.0570(1)(a) requires that a person wishing to assert that Eligible Person status and limit the Scope of Phase II investigations must file a Tier Classification (BWSC107) and Eligible Person Certification (BWSC107D) within 120 days after acquiring the property, or later only at the discretion of MassDEP. Eligible Persons are a Current Owner or Operator who did not cause or contribute to the contamination, and who did not own or operate the site at the time of the release.

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