Document Retention

(1) General Requirements. Each person who submits one or more LSP Opinions to the Department shall preserve and maintain, or arrange for the preservation and maintenance of, all documents in his or her possession, custody or control, and shall arrange for the preservation and maintenance of all documents prepared or received by the Licensed Site Professional who rendered the LSP Opinion in the course of providing Professional Services pertaining to the site, that are material to the LSP Opinion, including, but not limited to, documents of sufficient detail 40.0014: continued to substantiate the facts, data, conclusions and other information set forth in the LSP Opinion and any other documents material to the qualifications and limitations set forth therein. Such documents shall be kept at one or more locations reasonably accessible to the Department and in such form as to enable the Department to ascertain whether the response actions which are the subject of the LSP Opinion have been performed in compliance with the provisions of M.G.L. c. 21E, 310 CMR 40.0000 and any permit or order issued thereunder. Each such person shall make those documents available to the Department for inspection upon request. For purposes of 310 CMR 40.0014(1), the "person who submits one or more LSP Opinions to the Department" refers to the RP, PRP or Other Person who employed or engaged the LSP whose LSP Opinion is the subject of the submittal. (2) Period of Retention. Any person required by 310 CMR 40.0014(1) to preserve and maintain any document shall preserve and maintain those documents until at least five years has passed since the date of the Department's receipt of either a Permanent Solution Statement or No Further Action Letter for the disposal site that is the subject of the submittal, or for the duration of the design life of the Permanent Solution, whichever is later. For purposes of 310 CMR 40.0014(2), the term "design life" means the period of time during which any physical structures are intended to maintain a level of No Significant Risk at a disposal site, as stated in a Permanent Solution Statement or No Further Action Letter.