(1) Each and every LSP Opinion submitted to
the Department pursuant to M.G.L. c. 21E or
310
CMR 40.0000 shall bear the signature and seal
of the LSP who rendered the LSP Opinion and the date on which the LSP Opinion
was rendered.
(2) An LSP rendering
an LSP Opinion for submittal to the Department shall:
(a) identify in the LSP Opinion the material
facts, data and other information known by him or her about the disposal site
that is pertinent to the LSP Opinion; and
(b) disclose and explain in the LSP Opinion
the material facts, data, other information, and qualifications and limitations
known by him or her which may tend to support or lead to an LSP Opinion
contrary to, or significantly different from, the one expressed.
(3) The submittals required by
310
CMR 40.0000, which are LSP Opinions, include,
but are not limited to, the following:
(a) any
Status Report submitted in accordance with
310
CMR 40.0000, including, but not limited to:
1. any Immediate Response Action Status and
Remedial Monitoring Report submitted pursuant to
310
CMR 40.0425;
2. any Release Abatement Measure Status and
Remedial Monitoring Report submitted pursuant to
310
CMR 40.0445;
3. any Utility-related Abatement Measure
Status and Remedial Monitoring Report submitted pursuant to
310
CMR 40.0465;
(b) any Completion Statement submitted
pursuant to
310
CMR 40.0000, including, but not limited to:
1. any Immediate Response Action Completion
Statement submitted pursuant to
310
CMR 40.0427, except as otherwise provided
pursuant to
310
CMR 40.0411(3);
2. any Release Abatement Measure Completion
Statement submitted pursuant to
310
CMR 40.0446;
3. any Utility-related Abatement Measure
Completion Statement submitted pursuant to
310
CMR 40.0466;
4. any Phase I Completion Statement submitted
pursuant to
310
CMR 40.0484;
5. any Phase II Completion Statement
submitted pursuant to
310
CMR 40.0836;
6. any Phase III Completion Statement
submitted pursuant to
310
CMR 40.0862;
7. any Phase IV Completion Statement
submitted pursuant to
310
CMR 40.0879; and
8. any Phase V Completion Statement submitted
pursuant to
310
CMR 40.0893;
(c) any Phase Report submitted pursuant to
310
CMR 40.0000, including, but not limited to:
1. any Scope of Work submitted pursuant to
310
CMR 40.0510(2)(f) or
310
CMR 40.0834;
2. any Phase II Report submitted pursuant to
310
CMR 40.0835;
3. any Remedial Action Plan submitted
pursuant to
310
CMR 40.0861;
4. any Notice of Commencement of Work
submitted pursuant to
310
CMR 40.0870;
5. any Remedy Implementation Plan submitted
pursuant to
310
CMR 40.0874;
6. any Final Inspection Report submitted
pursuant to
310
CMR 40.0878;
7. any Phase IV Status and Remedial
Monitoring Report submitted pursuant to
310
CMR 40.0877;
8. any Phase V Status and Remedial Monitoring
Reports submitted pursuant to
310
CMR 40.0892; and
9. any As-built Construction Report submitted
pursuant to
310
CMR 40.0875;
(d) any Immediate Response Action Plan
submitted pursuant to
310
CMR 40.0424, except as otherwise provided
pursuant to
310
CMR 40.0411(2);
(e) any Release Abatement Measure Plan
submitted pursuant to
310
CMR 40.0444;
(f) any Permanent Solution Statement or
Temporary Solution Statement submitted pursuant to
310
CMR 40.1000, except as otherwise provided
pursuant to
310
CMR 40.1056(1)(g);
(g) any LSP Tier Classification Opinion
submitted pursuant to
310
CMR 40.0500;
(h) any Periodic Review Opinion submitted
pursuant to
310
CMR 40.1050;
(i) any Activity and Use Limitation Opinion
submitted pursuant to
310
CMR 40.1000;
(j) any Audit Follow-up Plan submitted
pursuant to
310
CMR 40.1160;
(k) any Post-Audit Completion Statement
submitted pursuant to
310
CMR 40.1170;
(l) any Downgradient Property Status Opinion
submitted pursuant to
310
CMR 40.0180; and
(m) any Remedy Operation Status Opinion
submitted pursuant to
310
CMR 40.0893.
(4) No provision in the MCP is intended to
render an LSP Opinion a warranty or guaranty; provided, however, that an
Opinion shall be considered a representation:
(a) that the Professional Services associated
therewith were provided in accordance with the applicable standards of
care;
(b) that the response
action(s) which is (are) the subject of the Opinion was (were) performed in
accordance with the applicable provisions of M.G.L. c. 21E,
310
CMR 40.0000, and any DEP order(s), permit(s)
or approval(s); and
(c) that the
conclusion(s) expressed therein is (are) based upon the rendering LSP's
professional judgment and reflect his or her knowledge, information and
belief.
(5) Any rider
annexed to an LSP Opinion concerning professional liability exposure shall be
deemed void by the Department for enforcement purposes to the extent that it is
inconsistent with
310
CMR 40.0009(5) or otherwise
serves to compromise or diminish the content or meaning of the Opinion for the
Department's purposes under M.G.L. c. 21E and/or the MCP. The Department's
receipt, acceptance or approval of any document which contains such a rider,
shall not be construed to imply Department approval or endorsement of the
liability management mechanism or practice contained therein or the content
thereof.
(6) No provision in
310
CMR 40.0000 shall be construed to require
that an LSP render a conclusion as to whether a person performing a response
action has complied with a deadline or time period for the rendering of an LSP
Opinion established by, or pursuant to,
310
CMR 40.0000.
(7)
Electronic Submittal of Waste
Site Cleanup Activity Opinions.
(a) On or after January 1, 2009, all LSP
Opinions shall be submitted to the Department electronically on a form
established by the Department for such purposes.
(b) The date of receipt of LSP Opinions by
the Department shall be determined as specified in
310
CMR 40.0008(4).
(c) For LSP Opinions submitted
electronically, submission of a printed copy to the Department shall not be
required.
