The Massachusetts Department of Environmental Protection (MassDEP) is mailing an Activity and Use Limitation (AUL) compliance assistance letter in December 2020 to individuals listed in their records as owning a property at which an AUL has been implemented. Similar letters had been sent previously (2010, 2015) to provide property owners with a description of the nature and purpose of an AUL and remind them of their obligation to adhere to the terms of the AUL.
What you need to do?
If you receive, or have received, an AUL compliance assistance letter, it is strictly informational and generic. You should notice that it does not reference site-specific AUL conditions and does not require any response from the property owner to MassDEP. MassDEP provides email and telephone contact information in the letter should you have any additional questions or concerns. A link to the generic letter is available here.
To avoid confusion:
This generic compliance assistance letter will not be sent to property owners with AULs related to Active Exposure Pathway Mitigation Measures (AEPMMS) that support a Permanent Solution pursuant to 310 CMR 40.1025(7). Property owners in such cases are required to respond to an annual letter sent by MassDEP to certify the ongoing operation and maintenance of AEPMMs. MassDEP will be sending the AEPMM annual certification letters in a subsequent mailing.
If you receive an AUL Compliance Assistance Letter and have further questions about how it relates to your site or simply want to discuss the obligations and conditions of the AUL at your property, please contact Frank Ricciardi, PE, LSP at Weston & Sampson at (978) 532-1900.