The LSPA presented the following compliance tip at the January Membership Meeting at the Holiday Inn in Taunton, MA on January 16, 2019.  

Compliance Tip of the Month

If you are denied access to an abutting property to evaluate the nature and extent of a release or to further evaluate sensitive receptors, you can ask MassDEP for assistance:

  • You must first make “reasonable efforts” to gain access to the property. 
  • If you receive no response or are denied access, you can then make a written request for assistance from MassDEP in accordance with 310 CMR 40.0173(1).
  • A copy of the request to MassDEP must also be sent by certified mail to each person who owns and operates the site or location to which access is sought in accordance with 310 CMR 40.0173(2).
  •  While not a regulatory requirement, it is good practice to document all phone conversations, emails, and correspondence with the recalcitrant owner/operator, and mail any requests via certified mail with mail receipt.

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