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Massachusetts Contingency Plan Compliance

The Massachusetts Department of Environmental Protection has implemented the 21E program through a set of regulations known as the Massachusetts Contingency Plan (MCP).  The MCP lays out the state's rules for conducting cleanups of contaminated sites.  The MCP requires people who are responsible for clean-ups to hire a Licensed Site Professional (LSP) to manage and/or oversee the required assessment and cleanup work.  The purposes of the Massachusetts Contingency Plan are, without limitation, to;

1. provide for the protection of health, safety and public welfare and the environment by establishing requirements and procedures for the following;

   1. the prevention and control of activities which may cause, contribute to, or exacerbate a release or threat of release of oil and/or hazardous material

   2. notification of the Department in the event of certain releases or threats of release of oil and/or hazardous material;

   3. assessment of the nature and extent of contamination and any threat to health,  safety, public welfare or the environment cause by a release of oil and/or hazardous material.

   4. the evaluation of alternatives for remedial actions to abate, prevent, remedy or otherwise respond to a release or threat of release of oil and/or hazardous material

   5. the implementation of appropriate remedial actions to abate, prevent, remedy, or otherwise respond to a release or threat of release of oil and/or hazardous material.

   6. public involvement in decisions regarding response actions at disposal sites; and

   7. the recovery of Costs incurred by the Commonwealth in responding to releases of threats of release of oil and/or hazardous material.

    

2. encourage persons responsible for releases and threats of releases of oil and/or hazardous material to undertake necessary and appropriate response actions in a timely way

3. focus government resources on those sites at which the person(s) responsible can not or will not undertake necessary response actions;

4. focus government resources on those sites at which Department oversight is necessary to ensure that response actions are protective of health, safety, public welfare, and the environment.

5. establish a program for the department to issue Tier I permits to persons seeking to carry out response actions at Tier I disposal sites; and

6. establish a program for the Department to audit a sufficient number of response actions not overseen or conducted by the Department to ensure that those response actions are performed in compliance with M.G.L.c.21E, 310CMR 40.0000 and other applicable laws. 

The Massachusetts Contingency Plan identifies those oils and hazardous materials which are subject to the requirements and procedures set forth in the MCP.  Additionally, the MCP prescribes the respective roles of the Department, other government agencies, Responsible Parties, Potentially Responsible Parties, Licensed Site Professionals, Other Persons, and the public in response actions.  The MCP is intended to comport with and compliment the National Contingency Plan promulgated by the United States Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.  

Prior to the LSP Licensing program in 1993, those who conducted work at hazardous waste sites had to receive DEP's approval of each phase of work or obtain a waiver of the approval requirement.  DEP was unable to handle all of the requests, and backlogs developed.   By licensing LSPs and allowing them to oversee work at sites, many government related obstacles to prompt voluntary cleanups have been eliminated.  

Eco-Genesis Licensed Site Professional Services

Licensed Site Professionals (LSPs) are scientists or engineers experienced in the assessment and cleanup of oil, gasoline, and hazardous material contamination.  They are licensed by an independent state board to manage cleanups and provide formal, written opinions whose cleanup work meets the requirements of the MCP.  An LSP is hired by a site owner or other potentially responsible party to oversee the assessment and cleanup activities required to address the contamination.  The LSP collects data on conditions at the site, interprets this data, assesses the risks posed by the site to health, safety, and public welfare, and the environment, and recommends and oversees the necessary  cleanup actions.  In providing these services, the LSP is responsible for making sure that the formal, written opinions provided concerning the response actions taken at a disposal site, and the activities that lead to these decisions, are consistent with the requirements of the MCP.   At key stages of the cleanup process, these formal, written opinions describing the work that has been completed must be sent to DEP.  When a cleanup has been completed, the LSP provides a final opinion stating that the response actions have achieved an outcome  that complies with the MCP and protects health, safety, public welfare, and the environment.  

The law requires that an LSP sign and stamp the Waste Site Cleanup Activities Opinions filed with the DEP.  An LSP is required to review, evaluate or observe activities that occur prior to filing these documents.  Therefore, all private parties who perform assessments, containment or removal activities must retain LSPs to demonstrate that the work complies with the state waste cleanup law and regulations.  Eco-Genesis has staff Licensed Site Professionals that are well versed in cleanup of contamination and is highly versed in the Massachusetts Contingency Plan.  If you have a site that requires proper assessment or cleanup activities within the State of Massachusetts, Eco-Genesis can provide the experience, knowledge, and contamination cleanup expertise that fully complies with the MCP, and that provides the maximum protection to the property owner.    

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