Environmental Considerations For Foundation Construction In The Boston Area - The New MCP

On October 1, 1993 the regulations for assessing and cleaning up contaminated soil and groundwater in the Commonwealth of Massachusetts were revised. These new regulations, known as the Massachusetts Contingency Plan (MCP) 310 CMR 40.0000, were developed to keep routine releases out of the regulatory system and rely on private parties to handle most releases without Department of Environmental Protection (DEP) oversight. An integral part of the new MCP is the Licensed Site Professional (LSP). An LSP is required to handle activities and render opinions once a site enters the MCP. These regulations must be adhered to where ever a release has occurred, including construction sites. A brief overview of the new MCP is given below; see attached MCP Flowchart for graphical summary. Entering the MCP Process A release of oil or hazardous material (OHM) to the soil or groundwater above applicable reportable quantities (RQ's) or reportable concentrations (RC's) will require notification to the DEP and compliance with applicable provisions of the MCP. RQ's and RC's are listed in the MCP (310 CMR 40.1600) for most compounds that are typically encountered. For each compound there are two RC's for soil (S-1 and S-2) and two for groundwater (GW-1 and GW-2). The S-1 and GW-1 RC's apply to sites that are environmentally more sensitive, as a result they are lower than the S-2 and GW-2 RC's.