Definitions

As used in 309 CMR, the terms "waste site cleanup activity opinion" and "hazardous waste site cleanup professional" shall have the meanings ascribed to such terms by M.G.L. c. 21A, § 19. For the purposes of 309 CMR, words and phrases shall have the meaning ascribed to such words and phrases by M.G.L. c. 21E, § 2, and/or 310 CMR 40.0000: Massachusetts Contingency Plan, unless the context clearly indicates otherwise. In 309 CMR, the following terms and phrases shall have the following meanings unless the context clearly indicates otherwise: Adjudicatory Hearing means a hearing conducted in accordance with M.G.L. c. 30A and the Standard AdjudicatoryRules of Practice and Procedure, 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. Agency means any agency, authority, board, commission, department, office, or political subdivision of the federal, state, or local government. (Mass. Register #1566, 01/30/2026) 2.02: continued Applicant means any individual who submits to the Board an application for licensure as a licensed site professional. Board means the Board of Registration of Hazardous Waste Site Cleanup Professionals established pursuant to M.G.L. c. 21A, § 19. Civil Administrative Penalty and Penalty each means a civil administrative penalty that the Board seeks to assess pursuant to M.G.L. c. 21A, §§ 16 and 19G, and 309 CMR. Client means any person, including, but not limited to an employer who has engaged a licensed site professional to provide professional services with respect to a particular site. Department means the Massachusetts Department of Environmental Protection. Good Moral Character means such character as will enable an individual to discharge the responsibilities of a licensed site professional. Evidence of inability to discharge such duties includes, but is not limited to, felonious acts and acts involving dishonesty, fraud or deceit which have or could have a substantial connection to the professional responsibilities of a licensed site professional. Imminent Hazard means a hazard that would pose a significant risk of harm to health, safety, public welfare or the environment if it were present even for a short period of time, as described in 310 CMR 40.0321: Reporting of Releases and Threats of Release That Pose or Could Pose an Imminent Hazard. Informal Conference means a conference not subject to those provisions of M.G.L. c. 30A governing adjudicatory proceedings. Laws means statutes, rules, regulations, codes, ordinances or bylaws. License means approval which the Board issues to an individual pursuant to M.G.L. c. 21A, § 19C, and which authorizes the individual to render waste site cleanup activity opinions. Licensed Site Professional and LSP each means a "hazardous waste site cleanup professional" as defined in M.G.L. c. 21A, § 19. Massachusetts Contingency Plan and MCP each means the regulations published at 310 CMR 40.0000 as amended from time to time. Misconduct means any act or omission in noncompliance with M.G.L. c. 21A, §§ 19 through 19J or 309 CMR. Noncompliance, Failure to Comply, and Violation each means any act or failure to act which constitutes or results in one or more of the following: (a) acting as, advertising as, holding oneself out to be, or representing oneself as being a licensed site professional without being in possession of a valid license; (b) engaging in any activity prohibited by, or not in compliance with, any requirement; or (c) failure to comply with any requirement. Notice of Intent to Assess a Civil Administrative Penalty and Penalty Assessment Notice each mean a written notice that the Board is seeking to assess a Penalty pursuant to M.G.L. c. 21A, §§ 16 and 19G, and 309 CMR. Notice of Noncompliance means a written notice given to a person by the Board which states that said person has failed to comply with certain requirement(s), as set forth therein. 2.02: continued Person means any agency or political subdivision of the federal, government or state; any state, public or private corporation or authority; any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association or other entity; any officer, employee, or agent of such person; and any group of persons. Practical Experience means the application of technical knowledge and skills within a field or fields of expertise during assessment, containment or removal projects. Such projects must have been conducted or supervised by the applicant, must encompass a variety of environmental and contaminant conditions, and must have included locations at which subsurface investigations were conducted. The Board may accept as practical experience projects which it determines to be equivalent to assessment, containment and removal projects. Principal Decision Maker means an individual who regularly bears all or a significant portion of the responsibility and accountabilityfor the overall conduct of one or more major components (site investigation, risk characterization, remediation) of response actions at disposal sites. In general, this denomination will not include individuals with responsibility and accountability only for sub-tasks (e.g., field exploration program, groundwater modeling, air modeling, data manipulation) within the major components of response actions. Professional Services means the rendering of waste site cleanup activity opinions, and services associated with the rendering of such opinions. Proficiencymeans competence in assessment, containment or removal projects. Proficiencywill be evaluated by the Board, in its discretion, based on evidence from references, Department comments, the application form, or other sources. Recognized educational institution means an institution which is accredited by a regional board or association of institutions of higher education approved by a nationally recognized regional accrediting association or the United States Department of Education (DOE). For the purposes of 309 CMR 3.02, such accreditation must have been in effect at the time the claimed degree was granted to an applicant for licensure. Degrees from foreign institutions will be evaluated by the Board on a case by case basis. Relevant Professional Experience means experience that the Board determines, separately for each position held by an applicant, is a concurrent combination of waste site cleanup decision making experience and practical experience, both performed with proficiency. The Board will consider the following criteria in evaluating whether an applicant's waste site cleanup decision making experience and practical experience constitute relevant professional experience: the range of methods evaluated and selected; the number of individuals and other disciplines of other professionals supervised or coordinated; the nature of conclusions reached and recommendations and opinions presented; the extent of review of conclusions, recommendations and opinions by supervisors; the nature of the applicant's relationship with waste site consultants and the manner in which the applicant's decision making responsibilities were differentiated from those of others; the duration of employment; the nature of work performed (including, but not limited to, whether such experience includes work at sites where subsurface investigations have occurred); the extent to which assessment, containment or removal responsibilities were exercised throughout each position; the nature of the employer's primarybusiness interests and the relation of those interests to hazardous waste work; the relevance of the prior experience to the technical and regulatory knowledge, skills and abilities ordinarily required of licensed site professionals at the time of application; and any other factors the Board deems relevant. Relevant professional experience does not include experience involving onlyor primarilynon-scientific or non-technical activities associated with a disposal site, such as contract management, budget control, legal analysis, and other similar management activities. Requirement means any regulation, order, license, or approval issued or adopted by the Board, or any law which the Board has the authority or responsibility to enforce. 2.02: continued Rules of Professional Conduct means the regulations set forth at 309 CMR 4.00: Rules of Professional Conduct. Same Requirement(s) means requirement(s) that require, or prohibit, the same action or activity. Standard Adjudicatory Rules of Practice and Procedure means the rules set forth at 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. Total Professional Experience means all of an applicant's professional experience that is determined by the Board to be experience applying scientific or engineering principles in the environmental, scientific, or engineering fields where the resultant conclusions form the basis for reports, studies and other similar documents. The Board will consider the following criteria in evaluating an applicant's total professional experience: the description of work activities, the field or fields of activities, the duration of employment, the types of reports, studies and documents prepared and any other factors the Board deems relevant. Unauthorized Practice means acting as, advertising as, holding oneself out to be, or representing oneself as being a licensed site professional when not in possession of a currently valid license issued by the Board. Waste Site Cleanup Decision Making Experience means professional experience in positions in which: (a) an applicant's assessment, containment or removal responsibilities were an integral and substantial component of the position; (b) an applicant evaluated and selected scientific or technical methodologies for conducting assessments, containments or removals at sites; (c) an applicant supervised or coordinated other professionals in the conduct of those scientific and technical tasks necessary to complete assessments, containments or removals; and (d) an applicant drew technical conclusions, made recommendations, and issued opinions based on the results of assessments, containments, or removals. Waste site cleanup decision making experience must be gained through exercising a broad range of responsibilities within assessments, or containments, or removals, and may not be gained through exercising a narrow spectrum of responsibilities for parts and/or components of assessments, or containments or removals. Waste site cleanup decision making experience may consist of work which includes the contributions of others in reaching decisions on waste site cleanup activities; however, applicants must demonstrate that they have been an active participant and a principal decision maker. Waste site cleanup decision making experience does not include experience involving only or primarily non-scientific or non-technical activities associated with assessments, containments or removals, such as contract management, budget control, legal analysis, and other similar management activities. Waste site cleanup decision making experience also does not include experience with landfills, septic systems or similar non­ hazardous material disposal facilities, water supply systems, or with the management of hazardous waste under M.G.L. c. 21C, Resource Conservation Recovery Act, 42 U.S.C. § 6901 et seq. or similar statutes unless the applicant clearly demonstrates to the Board that the assessment, containment and/or removal of oil or hazardous materials released to the environment was the subject of the applicant's decision making in such contexts, and that the other criteria of this definition are met.