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A Massachusetts Property Owner’s Guide to Hiring a Licensed Site Professional

Posted in May, 2007. Fact Sheet by the Massachusetts Department of Environmental Protection
Prepared in June, 1999 and revised in May, 2004

What is an LSP?

An LSP is an environmental scientist or engineer experienced in the cleanup of oil and hazardous material contamination. The LSP’s job is to ensure that actions taken to address contaminated property comply with Massachusetts regulations and protect public health, safety, welfare, and the environment.

LSPs are licensed by the state Board of Registration of Hazardous Waste Site Cleanup Professionals (usually referred to as the “LSP Board”), based upon education, experience, and passing an examination on applicable regulations and relevant technical issues.

The LSP Board establishes professional standards that LSPs must meet to remain licensed. These standards address technical ability, decision-making experience, and ethical practice. The LSP Board disciplines LSPs whose work does not meet the appropriate standards of care.

What will the LSP do?

Your LSP will gather and evaluate information about the contamination on your property. He or she will then recommend a course of action for meeting state requirements. This recommendation will be presented in the form of a written “Opinion”, and will be signed by both you and the LSP before it is sent to DEP. Opinions usually do not require DEP approval, so work can begin promptly. Once the cleanup is complete, your LSP will submit a final Opinion to DEP stating that your property has been cleaned up.

Opinions may be provided only by an LSP. Environmental scientists or engineers not licensed by the LSP Board may not provide Opinions. They may, however, perform work upon which the Opinion is based.

Does DEP get involved?

Although most cleanups are performed without direct involvement of DEP, there are a few exceptions. DEP responds to environmental emergencies (such as an oil spill), and must approve any work that is performed to address the emergency. DEP may also provide oversight or require its approval of response actions during key stages of assessment and cleanup at any site, if conditions warrant. Your LSP will be able to identify such properties.

In addition, DEP audits a portion of all cleanups to ensure that work meets the state requirements.

How do I benefit from using an LSP?

Your LSP will guide you through the process. He or she will advise you on state regulatory requirements and recommend actions that are appropriate for your specific situation.

Also, since there is little direct DEP involvement, your property can be cleaned up as quickly as possible. In general, a faster cleanup will cost you less money. One reason for this is that DEP’s regulations have built-in incentives: the faster work is completed, the less you pay in DEP fees. Your LSP can advise you on the least expensive way to clean up your property while fulfilling all state requirements.

Tips for Hiring a Licensed Site Professional

Hiring an LSP

The following are some suggestions for hiring an LSP:

  • Obtain a current list of LSPs from the LSP Board
  • Shop around. Obtain written estimates from several LSPs, asking for the following information:
    1. State regulatory requirements applicable to your situation;
    2. Actions being proposed to meet those requirements;
    3. The proposed schedule for completing work;
    4. Deadlines and fees that may be imposed by DEP; and
    5. The cost of all LSP and related services.
  • Ask for and check references. Contact the LSP Board and ask if any complaints have been filed against the LSPs you are considering.

The Contract

When you hire an LSP, it is a good idea to obtain a written contract describing the work to be done and specifying all costs. Keep in mind, however, that this contract may provide only an estimate of the necessary work and costs, as it is based on the information that is available at the time of the estimate. Once work begins, your LSP may find that the problem is more or less extensive than originally believed. Require your LSP to discuss any project changes with you before proceeding with work.

The contract with your LSP should include all of the following:

  • Clear cleanup objectives;
  • Specific actions that will be taken to address contamination;
  • A proposed schedule for completing work; and
  • A budget, specifying:
    1. Fixed costs, either as a lump sum or as unit prices for each item; and
    2. Items to be charged (e.g., laboratory work, equipment and materials, labor hours).
  • How changes in the project will be handled.

Neither DEP nor the LSP Board has authority over the fees charged by LSPs. Be sure that the contract is clear about the fees that you may be charged.

Changing LSPs

It is possible to change LSPs after work has begun. Once an LSP provides an Opinion to DEP, he or she is considered your “LSP-of-Record”. If you change LSPs, your LSP-of-Record is responsible for notifying DEP within 21 days.

For More Information:

Department of Environmental Protection: Visit http://www.mass.gov/dep/cleanup.

LSP Board: For a list of LSPs, information about licensing requirements, and procedures for filing a complaint call 617-556-1091 or visit http://mass.gov/lsp.

Information presented in this article may be affected by the passage of time and is not intended as a substitute for professional advice. As applicable, the specifics of your circumstances may lead to an outcome different from what you might anticipate. Therefore, it is crucial that you consult with a professional who is qualified in matters similar to yours before you make any decisions about your particular situation. Conclusions drawn from the information contained in this article, or actions undertaken on the basis of such conclusions, are the sole responsibility of the user.