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This article highlights the major components of the Massachusetts
Department of Environmental Protection’s (DEP) waste site cleanup
program. The program, under the jurisdiction of the Bureau of Waste
Site Cleanup (BWSC), administers oil and/or hazardous material
cleanups, ranging from tanker truck spills, to contaminated groundwater,
to sites with acres of polluted soil.
Massachusetts General Law, Chapter 21E, the state Superfund law,
was originally enacted in 1983 (and amended in 1992, 1995, and 1998),
and created the waste site cleanup program. Contaminated properties
regulated under this law are often called “21E sites”. The regulations
adopted to implement c. 21E are called the Massachusetts Contingency
Plan (MCP).
Soon after the waste site cleanup program started, it became clear that
DEP could not oversee cleanup of thousands of sites and do it at an
expeditious pace. As a result, 1992 amendments to c. 21E privatized the
program, meaning that those responsible for cleaning up contamination
(potentially responsible parties or PRPs) hire licensed site professionals
(LSPs) to oversee most cleanups (with limited DEP oversight) to ensure
compliance with the MCP. This allows DEP to focus its resources on key
stages of assessment and cleanup at specific sites as conditions
warrant.
Major program components:
Major program components include:
requiring that DEP be notified about contamination that exceeds
specific levels. DEP maintains a searchable database
(http://www.mass.gov/dep/cleanup/sites/
report.htm) to track the
cleanup progress of reported sites. Once a site is reported to DEP,
regulatory deadlines are triggered for submitting site information and
conducting the cleanup so that, within 6 years, the site no longer
poses an unacceptable health or environmental risk. The graphic on
page 4 depicts the cleanup timeline.
responding to emergencies when oil and/or hazardous material is
no longer contained and presents a risk to people and the
environment. These situations trigger immediate response actions. If
the person responsible for the contamination cannot or will not clean
it up, then DEP brings in its own cleanup contractors to carry out
rapid responses at the PRP’s expense.
encouraging early risk reduction cleanup actions. For serious
problems, such as sudden releases, imminent hazards, and other
time-critical conditions, early actions are required to reduce risks.
When the situation poses a lesser threat, limited cleanup actions
may be performed voluntarily to reduce risks or lower the cost of
future comprehensive cleanups. Sites may not have to tier classify
(see the next bullet and the graphic) or be subject to cleanup
deadlines if early actions performed before the one-year tier
classification deadline are sufficient to meet cleanup standards.
classifying sites that are not cleaned up within one year of being
reported. Sites are ranked by complexity, the number of sources,
and how serious a potential threat the contamination poses: Tier I
(serious, with Tier 1A the most serious) or Tier II (less serious.)
allowing varying levels of cleanup based on land use. The MCP
requires contamination to be cleaned up to a level that protects
people and the environment based on how the site is being or will be
used, such as for housing or commercial purposes. The regulations
also allow land use controls, called activity and use limitations
(AULs), to be used as cleanup strategy components.
assessing fees for sites that have not completed and documented a
cleanup within a year of being reported. All sites are assessed a
fixed annual compliance fee while work continues. These fees are
assessed each year the site is being addressed until DEP receives
documentation that the site has been cleaned up consistent with
MCP standards.
facilitating redevelopment and reuse of contaminated sites. State
and federal “Superfund” laws place the burden of cleanups on
owners and anyone else who caused or contributed to the
contamination. To encourage these sites to be reused, the
Brownfields Act, which amended c. 21E in 1998, created protections
for people who did not own or operate the site at the time of the
release and did not cause or contribute to the contamination and
who complete the cleanup. This relief ends liability for third party
costs, property damage claims, and state reimbursement actions.
People not qualifying for this protection may apply to the Attorney
General for a negotiated “covenant not to sue” for cleanup costs.
The Brownfields Act also created exemptions and defenses for other
entities such as tenants, banks, community development agencies,
and downgradient property owners.
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ensuring compliance through use of several mechanisms created
so the program works correctly without direct DEP involvement.
PRPs/LSPs send reports to DEP that they develop while working to
clean up sites. They must also submit a wide range of information
Page 3 of 4
Massachusetts Department of
Environmental Protection
One Winter Street
Boston, MA 02108-4746
Commonwealth of
Massachusetts
Mitt Romney, Governor
Kerry Healey, Lt. Gov.
Executive Office of
Environmental Affairs
Ellen Roy Herzfelder, Secretary
Department of
Environmental Protection
Robert W. Golledge, Jr.,
Commissioner
Produced by the
Bureau of Waste Site Cleanup
April 2001/Rev. May 2004.
Printed on recycled paper.
This information is available in
alternate format by calling our
ADA Coordinator at
(617) 292-5565.
about cleanup process activities. DEP conducts audits and has the
authority to reopen cases not complying with the MCP.
providing direct oversight during key stages of assessment and
cleanup at specific sites, as conditions warrant, thereby limiting DEP
staff involvement at most sites. Direct oversight is reserved for timecritical
situations, sudden releases, and other serious conditions
when a PRP cannot or will not perform required work. When a PRP
cannot or will not perform required work, DEP may hire its own
contractor to conduct the cleanup and bills the PRP for the costs.
involving the public throughout the site cleanup process. People
responsible for cleaning up sites must publish notices in local
newspapers at major milestones (see graphic), informing the public
about their activities and providing an opportunity for public
involvement. People with a high level of interest in a site can petition
to make it a “public involvement plan” site. Plans are developed by
conducting interviews to identify public concerns and include
opportunities for the public to comment on the cleanup process. The
person conducting the cleanup is responsible for providing these
public involvement opportunities.
For more information:
Report a site or spill 24/7: 888-304-1133 (toll free) or 617-556-1133
Visit our website:
http://mass.gov/dep/cleanup/.
Contact the LSP Board:
617-556-1091 or http://www.mass.gov/lsp.
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