Code of Massachusetts Regulations
309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS
Title 309 CMR 4.00 - Rules Of Professional Conduct
Section 4.02 - Professional Competency

Universal Citation: 309 MA Code of Regs 309.4

Current through Register 1531, September 27, 2024

(1) In providing Professional Services, a licensed site professional shall act with reasonable care and diligence, and apply the knowledge and skill ordinarily exercised by licensed site professionals in good standing practicing in the Commonwealth at the time the services are performed.

(2) An LSP shall not provide Professional Services outside his or her areas of professional competency, where this competency is based on his or her education, training, and/or experience, unless that LSP has relied upon the technical assistance of one or more professionals whom the LSP has reasonably determined are qualified in such area or areas by education, training and/or experience.

(3) In providing Professional Services, an LSP may rely in part upon the advice of one or more professionals whom the LSP reasonably determines are qualified by education, training and/or experience.

(4) A successor hazardous waste site cleanup professional may render a waste site cleanup activity opinion regarding response actions performed under a previous hazardous waste site cleanup professional, and that opinion may be relied upon as sufficient to protect public health, safety, welfare, or the environment, only when the successor hazardous waste site cleanup professional has:

(a) reviewed all reasonably available documentation known to the successor hazardous waste site cleanup professional that describes previous releases, site assessment activities and results, and work performed in connection with the assessment, containment or removal action that is the subject of the opinion;

(b) conducted a site visit to observe current conditions and to verify the completion of as much of the work as is reasonably observable; and

(c) concluded, in the exercise of his or her independent professional judgment, that he or she has sufficient information upon which to render the waste site cleanup activity opinion.

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