GeoInsighter Fall 1999 Newsletter
Volume 4 Number 4

LSP's Have Formal Notification Requirement

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Because of recent revisions to the Board of Hazardous Waste Site Cleanup Professionals regulations (309 CMR 4.00), LSPs must now notify their clients in writing of the existence of a condition that is reportable to the MADEP in accordance with the MCP (310 CMR 40.0000). As revised, Section 4.03 (5) of 309 CMR specifies that LSPs must notify clients in writing of conditions that satisfy 2- or 72-hour notification requirements as described in Sections 40.0311 through 40.0314 of the MCP.

Some of the more common conditions that require 2- or 72-hour notification include impacts to drinking water wells, the detection of soil impacts while closing an underground storage tank (UST), a UST tightness test failure, sudden spills in excess of MCP reportable quantities, releases to storm water drainage or sewerage structures, the presence of non-aqueous phase liquid having a measured thickness of greater than 0.5 inches, and the detection VOCs in ground water near a school or occupied residential structure. Two- and 72-hour notifications require that Immediate Response Actions (IRAs) be conducted to evaluate and, if necessary, eliminate certain exposures.

In the past, communication of potential MCP notification requirements was generally conducted verbally between the LSP and the client. While this is still likely to be the case, LSPs now have the obligation to follow up these verbal notifications in writing. Therefore, you can expect to receive formal notification letters from LSPs for sites with 2- or 72-hour reportable conditions. The revised requirements do not change the MCP notification process or impose new conditions on Potentially Responsible Parties (PRPs) or "Other Persons" as defined by the MCP. If you have questions regarding the revised reporting requirements for LSPs, please call us.

Michael J. Webster
mjwebster@geoinc.com

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