Conflict of Interest
Effective Jan 30, 2026Mass. Register #1566MGL c. 21A, § 16; and §§ 19 through 19JBoard of Registration of Hazardous Waste Site Cleanup Professionals
- (1) A licensed site professional shall not accept compensation, financial or otherwise, for the LSP's professional services pertaining to a site from more than one person having significant conflicting or adverse interests unless the circumstances are fully disclosed to, and agreed to by, all clients engaging the LSP with regard to that site.
(2) In the event a licensed site professional has, develops or acquires any business association, direct or indirect financial interest, or other circumstance which is substantial enough to create an impression of influencing the LSP's judgment in connection with the LSP's performance of professional services pertaining to any site, the licensed site professional shall fully disclose in writing to the LSP's client the nature of the business association, financial interest or circumstance. For the purposes of 309 CMR 4.04(2) receipt of salary or employee benefits by a LSP employed by the LSP's client on a full time basis is deemed not to be substantial.
- (a) If the client or employer objects to such business association, financial interest or circumstance, the licensed site professional shall offer to terminate, at the LSP's discretion, either the business association, financial interest or circumstance, or the LSP's engagement with regard to the site or sites.
- (b) If a licensed site professional believes that the LSP's business association, financial interest or circumstance renders the LSP incapable of discharging the LSP's professional obligations under 309 CMR 4.00 in connection with the LSP's performance of professional services pertaining to a site, the licensed site professional shall terminate the LSP's engagement with regard to that site.
- (3) A licensed site professional shall not solicit or accept financial or other valuable consider- ation from material or equipment suppliers in return for specifying or endorsing their products.