Code of Massachusetts Regulations 309 CMR - BOARD OF REGISTRATION OF HAZARDOUS WASTE SITE CLEANUP PROFESSIONALS
Here’s a refined breakdown of 309 CMR – Board of Registration of Hazardous Waste Site Cleanup Professionals, the Massachusetts regulations governing Licensed Site Professionals (LSPs):
📘 309 CMR – Chapter Overview
1.00 – Reserved
2.00 – Introductory Provisions (Defs, fees, public records, board meetings) (mass.gov)
3.00 – Licensing (eligibility, exams, renewals, continuing education)
4.00 – Professional Conduct Rules
5.00 – Advisory Rulings
6.00 – Licensed Site Professional’s Seal (design & use)
7.00 – Disciplinary Procedures
8.00 – Administrative Penalty Regulations
9.00 – Inactive Status (mass.gov)
Key Sections Highlights
2.00 – Introductory Provisions
Establishes authority under M.G.L. c. 21A and c. 30A.
Defines terms (e.g., “LSP,” “professional services,” “seal”) and sets procedures for board meetings, public records, fee payment, and waivers. (mass.gov)
3.00 – Licensing
Eligibility requires education (standard or alternate track) plus professional field experience.
Applicants must pass the board exam, apply, and maintain licensure via renewal and continuing education. (mass.gov)
4.00 – Conduct Rules
Requires competency, avoidance of conflicts, responsible conduct, disclosure of hazards, cooperation with investigations, etc. LSPs must always protect public welfare, safety, and environment. (mass.gov)
5.00 – Advisory Rulings
LSPs can request formal interpretations of conduct rules; responses are binding and public (anonymized).
6.00 – Professional Seal
Details specifications for physical and electronic seals used to certify opinions.
Misuse (e.g. affixing another’s seal) is prohibited. (mass.gov)
7.00 – Discipline
Outlines complaint process, investigations, informal/formal hearings, pre-hearing suspension, and sanctions (e.g., suspension, revocation, fines).
8.00 – Penalties
Missed noncompliance may trigger civil administrative penalties plus interest, trebled up for nonpayment. Explains hearing rights and payment timelines. (mass.gov)
9.00 – Inactive Status
Procedures for voluntarily or mandatorily going inactive, fee requirements, two-year maximum inactive period, and pathways to reactivate. (mass.gov)
🔄 Recent Updates (Proposed in 2024–2025)
The Board has proposed reducing continuing education requirements:
From 48 to 36 credits per 3‑year renewal cycle.
DEP credits lowered from 12 to 9.
Simplify CE categories to just DEP and non‑DEP credits. (lspa.memberclicks.net)
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