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General Laws

Section 19. As used in this section, and in sections nineteen A through nineteen J, inclusive, the words “final remedial response plan”, “hazardous material”, “imminent hazard”, “interim remedial response”, “oil”, “permanent solution”, “person”, “release”, “respond”, “response”, “response action”, “short term measure”, “site”, “temporary measure”, “threat of release”, and “vessel” shall, unless the context clearly requires otherwise, be defined and used the same way they are defined and used in chapter twenty-one E, and the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Board”, the board of registration of hazardous waste site cleanup professionals, established pursuant to section nineteen A.

“Department”, the department of environmental protection.

“Waste site cleanup activity opinion”, a professional opinion, excluding legal advice or a legal opinion, that is related to one or more response actions as set forth in this definition. A waste site cleanup activity opinion shall not be relied upon as sufficient to protect public health, safety, welfare, or the environment unless such opinion is rendered by a hazardous waste site cleanup professional licensed pursuant to sections 19 to 19J, inclusive, who (a) is qualified by appropriate education, training, and experience, and (b) (1) in the case of an opinion related to an assessment, has either (i) managed, supervised or actually performed such assessment, or (ii) periodically reviewed and evaluated the performance by others of such assessment; or (2) in the case of an opinion related to a containment or removal action, has either (i) managed, supervised or actually performed such action, or (ii) periodically observed the performance by others of such action, to determine whether the completed work has complied with the provisions of chapter 21E and the Massachusetts Contingency Plan promulgated pursuant to said chapter. A successor hazardous waste site cleanup professional may render a waste site cleanup activity opinion regarding response actions performed under a previous hazardous waste site cleanup professional, and that opinion may be relied upon as sufficient to protect public health, safety, welfare, or the environment, only when the successor hazardous waste site cleanup professional has: (a) reviewed all reasonably available documentation known to the successor hazardous waste site cleanup professional that describes previous releases, site assessment activities and results, and work performed in connection with the assessment, containment or removal action that is the subject of the opinion; (b) conducted a site visit to observe current conditions and to verify the completion of as much of the work as is reasonably observable; and (c) concluded, in the exercise of his independent professional judgment, that he has sufficient information upon which to render the waste site cleanup activity opinion. Such an opinion shall include, without limitation, an opinion as to whether (1) any one or more of the following is adequate to protect public health, safety, welfare, and the environment and to comply with the provisions of said chapter twenty-one E and all other laws, regulations, orders, permits, and approvals applicable to such response action or response actions: an assessment, short term measure, interim remedial response, temporary measure, final remedial response plan, or permanent solution; or (2) a permit is required for a response action pursuant to the provisions of said chapter twenty-one E; or (3) if a permit is required pursuant to the provisions of said chapter twenty-one E, whether or not the permit application has been prepared in compliance with the provisions of said chapter twenty-one E and the Massachusetts Contingency Plan promulgated pursuant to said chapter; or (4) public participation activities required of persons other than the department pursuant to subsection (a) of section fourteen of said chapter twenty-one E have been conducted in compliance with the provisions of said chapter and all applicable regulations; or (5) one or more response actions constitute a temporary or permanent solution pursuant to the provisions of said chapter twenty-one E; or (6) any other opinion that, pursuant to subsection (e) of section three of said chapter twenty-one E, may be rendered only by a hazardous waste site cleanup professional licensed pursuant to sections nineteen through nineteen J, inclusive. This term shall not include the providing of legal advice or of a legal opinion by an attorney.

“Hazardous waste site cleanup professional”, an individual who, by reason of appropriate education, training, and experience, is qualified, as attested by being licensed by the board, to render waste site cleanup activity opinions that can be relied on as sufficient to protect public health, safety, welfare, and the environment.

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