Am I required to retain a Licensed Site Professional (LSP) to perform a “21E contamination assessment” of my property, which a bank has requested, even though I have no knowledge of a problem?
No, The Massachusetts Contingency Plan (MCP) does not require that you retain a LSP to conduct such an assessment. However, just as some lending institutions require a “21E contamination assessment” of property as a condition of financing, they may also make it a condition that a LSP perform the assessment. MassDEP has no control over what the bank may require independent of M.G.L. Chapter 21E and the MCP. However, if contamination is encountered above a reporting threshold during such an assessment, the MCP requires you to report the release to MassDEP, and retain a LSP to oversee any necessary investigations and cleanup.
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