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GeoInsighter Winter 2002 Newsletter

Massachusetts DEP Budget Cuts and What They Mean to You

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Budget problems in Massachusetts State government have been big news for much of the past 12 months. At the Massachusetts Department of Environmental Protection (MADEP), a hiring freeze has been in place for about two years. During early-to-mid 2002, MADEP offered retirement packages to senior employees. None of the departed staff were replaced, causing a shortage of staff all too familiar to many in the private sector. During the fall, MADEP announced its first-ever layoffs. The Northeast Regional Office was particularly hard-hit, losing 16 employees. MADEP officials and staff are very concerned that more layoffs may be needed. 

In response to these developments, MADEP is preparing contingency plans and reevaluating how the agency needs to change its focus and procedures. These changes, some of which are already in place, will likely have a significant effect on many Potentially Responsible Parties (PRPs). MADEP officials have described a major change in focus, where sites will be handled in a “triage mode.” The primary focus will be on enforcement and emergency response. According to one MADEP official, “Instead of looking for lead in the soil, we will be looking for lead in the blood.” 

Other changes that are likely include:

  • less technical and compliance assistance;
  • reduced oversight of Tier 1A sites, with the focus on driving these sites to reclassification; and
  • reduced air quality monitoring.

The changing focus to greater enforcement action appears to be underway. For example, some PRPs who have not met Phase II and Phase III deadlines are receiving Notices of Noncompliance (NONs) for missing deadlines at their sites, even after a “Notice of Delay” letter has been filed. It is important to note that a “Notice of Delay” letter does not extend the deadline - it simply provides notice to MADEP of when the submittal is likely to be completed.

It appears that PRPs are likely to see enforcement actions being taken against them with little or no warning. While some PRPs might welcome an MADEP that is leaner, all indications point to an agency that will also be meaner.

Richard E. Doherty, P.E., L.S.P
redoherty@geoinc.com

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