Professional Competency

(1) In providing Professional Services, a licensed site professional shall act with reasonable care and diligence, and apply the knowledge and skill ordinarily exercised by licensed site professionals in good standing practicing in the Commonwealth at the time the services are performed. (2) An LSP shall not provide Professional Services outside the LSP’s areas of professional competency, where this competency is based on the LSP’s education, training, and experience, unless that LSP has relied upon the technical assistance of one or more professionals whom the LSP has reasonably determined are qualified in such area or areas by education, training and experience. (3) In providing Professional Services, a LSP may rely in part upon the advice of one or more professionals whom the LSP reasonably determines are qualified by education, training and experience. (4) 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 the successor hazardous waste site cleanup professional's independent professional judgment, that the successor hazardous waste site cleanup professional has sufficient information upon which to render the waste site cleanup activity opinion. (Mass. Register #1566, 01/30/2026)