PREFACE

As a citizen, it is important to have the tools to analyze and address the health threats that an environmental problem poses to your neighborhood. Through a working knowledge of the appropriate environmental laws, the "politics" of the situation, and the technical issues at hand, you can ensure that the testing and cleanup of a site does not just meet the regulations, but does what is necessary to protect your community's health and safety.

Technical Assistance Grants (TAGs) are an important tool for citizens to use to understand and use the technical information about your local problem. When the Toxics Action Center drafted and passed amendments to the state Superfund in 1986, TAGs were included to give neighborhoods the resources needed to ensure timely and effective cleanups.

Over the past decade, we have helped more than 200 citizen groups in their campaigns to clean up their neighborhoods. We look forward to working with your group in developing and implementing an effective TAG and helping you in whatever way to strengthen your neighborhood's voice in the cleanup process.

This manual will give you the basics to guide you through the TAG process. Yet, as we know, all sites and situations have their own nuances. If you have questions, comments, or need some assistance, please give us a call at (617) 292-4821.

I would like to acknowledge the people who graciously consented to be interviewed for this guide: Linda Segal; Susan Falkoff; Cecilia DiCicco; Bob Eisengrein; Mary Jane Williams; Patti Mullan (Massachusetts Department of Environmental Protection); Irwin Silverstein (Meta Environmental); Jim Okun (O'Reilly, Talbot, & Okun); and Joel Loitherstein (Loitherstein Environmental). I would also like to thank those people who reviewed drafts of the guide: Jeff Green (Institute for Science and Interdisciplinary Studies), Joel Loitherstein (Loitherstein Environmental), Allexe Law-Flood (Department of Environmental Protection), Janet Stroup, and Linda Segal.

Eric Weltman

The purpose of technical assistance grants (referred to as "TAGs") is to assist citizens in obtaining an understanding of the technical aspects of a waste site assessment and proposed cleanup options. A TAG is a grant of up to $10,000, provided by the Massachusetts Department of Environmental Protection (DEP), to citizen groups or local government. This money can be used to hire consultants to provide this information. These consultants can provide a more objective expert analysis of the cleanup approach being taken by the Potentially Responsible Party (PRP). The grant money can also be used to pay for public outreach and information efforts concerning the site.

In general, any citizen group at a site which has been "tier classified," or categorized according to its severity under the Massachusetts Contingency Plan (MCP) is eligible to receive a TAG. The MCP is the state's program for cleaning up hazardous waste sites.

TAGs are authorized by Massachusetts General Law Chapter 21E (which is the law creating the state's hazardous waste cleanup program) in Section 14(c). Regulations concerning how the grant program will be implemented are in the MCP, Subpart N (310 CMR 40.1450).

Technical assistance grants (TAGs) can provide information and ideas which are valuable to ensuring the comprehensive and timely cleanup of a waste site. There are three basic things that a consultant hired by a TAG can (and should) provide: 1) explanation; 2) analysis; and 3) advocacy. For example, the consultant can help explain the hazards of the site and what the proposed cleanup plans are. The consultant should also go further, by analyzing the flaws in the testing, or the remediation plans. In addition, the consultant can write letters to the DEP and the PRP, pointing out these flaws, and represent the group's interests at meetings.

Groups may be able to obtain some amount of expert advice pro bono. One group defeated two unsatisfactory cleanup plans before receiving their TAG. Said an activist from the group, "We begged, borrowed, and stole advice to analyze the first two plans." However, even the most generous expert may tire of giving away his or her services. As one activist at a severely-contaminated site put it, "You're not going to get pro bono the kind of information we needed...This is not your run-of-the-mill oil tank leak."

Having a consultant can lend a certain credibility to the group which may be useful in meetings with the PRP or the government. Said one activist, "When [our consultant] says this is a problem, [the government's] not going to overlook it."

Valuable information about a site can be learned from a consultant hired with a TAG. For example, at one site where undocumented waste material was burned, the group learned from their consultant that testing the rooftops of nearby buildings could help determine what substances were burned.

A TAG can have a significant impact on a cleanup. At one site, the citizen group was concerned that contaminated waste would be dug up, mixed with cement, and placed in another spot. The group's consultants determined that the dug up material could be heated to capture most of the volatile chemicals it contained. The PRP carried out this recommendation.

One group wanted a consultant to monitor the testing of their site. The citizens were not allowed onsite during excavation and testing because they were not OSHA trained. The consultant was allowed onsite, which proved particularly valuable because important decisions were being made at the site during these processes.

A. Who is eligible to apply?

There are essentially two criteria which determine whether a group is eligible to receive a TAG -- the group's qualifications, and how far along the waste site is in the cleanup process.

Citizen groups whose members live near or are affected by a hazardous waste site are eligible to receive TAGs. It is essential that the group not be exclusive -- that is is open to participation to all those affected by the site. In addition, the group cannot be liable, or potentially liable, for the cleanup, or be performing any of the cleanup work at the site. (It should also be noted that citizen groups need not be incorporated before applying for a TAG; however, if they are chosen to receive a TAG, they must then incorporate. Chapter IV discusses how to incorporate.)

It is not just citizen groups which may receive TAGs: municipal agencies (such as boards of health) are eligible, as are political entities which operate public water supply systems.

How far along the site is in the cleanup process is also a determining factor. In order to be eligible, the site must have been "tier classified" (ranked according to its severity by the PRP). Other types of eligible sites are those that:

­ had been classified under the "old" (1988) MCP as "Priority" or "Non-Priority with a Waiver";

­ are on the U.S. EPA's National Priority List; or,

­ are deemed Adequately Regulated by the DEP (i.e., landfills which contain toxics but are already regulated by solid waste regulations).

Ineligible sites are those listed as:

­ "Locations To Be Investigated," "Unclassified Confirmed Disposal Sites," and "Non-Priority (Without a Waiver)"

­ Tier IA sites that have a Class A or B Response Action Outcome (RAO) Statement approved by the DEP (meaning that the cleanup has essentially been completed);

­ Tier IB, Tier IC, and Tier II sites for which a Class A or B RAO Statement has been submitted to the DEP; and,

­ sites for which a Waiver Completion Statement has been submitted to the DEP.

B. How much money is available?

The DEP anticipates providing up to $100,000 a year for TAGs. Only one grant will be provided for any specific disposal site. The maximum amount for a single grant has been set at $10,000. However, the DEP may grant additional funds for TAG applications that cover:

­ more than two related disposal sites, or a disposal site that includes more than two properties;

­ a single disposal site that has affected more than two municipalities; and/or,

­ a single disposal site that has affected more than two environmental media (i.e., air, water, and land).

C. What kinds of activities are eligible (and ineligible)?

The DEP places certain restrictions on what can be paid for with the TAG money.

Activities eligible for funding include, but are not limited to:

­ interpretation of technical information and analyses that have been prepared (or will be prepared) by the person conducting the response action at a site;

­ observation of assessment, sampling, or cleanup activities;

­ analysis of split samples;

­ surveys to gather existing health information through interviews or questionnaires from individuals who may be affected by the waste site;

­ legal advice, restricted to the public's involvement in cleanup efforts;

­ public education activities; and,

­ a "reasonable share" of funding for mediation concerning cleanup efforts for the waste site.

Activities that are not eligible for funding are:

­ development of new environmental data;

­ development of new medical data;

­ organizational development or membership building (except for such activities that are incidental to carrying out eligible activities);

­ litigation or any other adversarial legal proceeding;

­ partisan or electoral political activity; and,

­ taking or arranging for cleanup actions at the site.

These restrictions can have real impacts on what the group wants to do. For example, at one site, the citizen group wanted to study a cleanup method (bioremediation) which had not been proposed by the PRP. They could not use the government funds for this, however. The group ended up paying for such research with non-governmental money.

D. The application process

The applications process has two parts. The first is a two-page letter of intent that identifies the group applying, the disposal site, and the projects for which the grant would be used, and the types of consultants to be employed.

The second part is the application, which requests more detailed information:

­ about the group applying (i.e., how it represents the people who may be affected by the disposal site);

­ the group's procedures for managing and accounting for grant expenditures;

­ any new information about the disposal site and its classification that has become available since the letter of intent was submitted (e.g., new release discovered);

­ a detailed description of proposed activities and projects; and,

­ the qualifications of consultants and other experts who would be employed with grant funds.

The most difficult aspect of filling out the application is likely to be narrowing down what you would like the TAG to pay for. Any hazardous waste site generates a vast number of questions, concerns, and issues. The money provided by the TAG -- a maximum of $10,000 -- will probably not be sufficient to have all of these addressed. The group should focus on trying to address the issues that will improve the prospects of a comprehensive and timely cleanup.

This may mean, for example, choosing to not seek an explanation of all of the health effects of the contamination, and focusing on an assessment of the proposed cleanup plan. If that is the case, then, the application should reflect the desire to hire someone with a background in waste site assessment and cleanup technologies, as opposed to someone with a toxicology background (see Chapter IV, "Hiring an Expert," for a discussion of the types of consultants and their fees).

In filling out the application, close attention should be paid to the evaluation criteria the DEP will be using (see section F below). In particular, the DEP's evaluation criteria give more weight to projects that will directly improve public participation in planning for cleanup actions at a site, and educate the public about the site and its cleanup.

The importance of public education in the evaluation was demonstrated during a previous round of grants. In one town, both a citizen group and the board of health applied for a TAG. The citizen group received the grant because, according to the DEP, it placed more emphasis on public education. The board of health stated in its application that it intended to hold one public meeting to report its findings from the TAG. The citizen group, on the other hand, stated that it would report its findings in a newsletter (received by up to 400 people), make the reports available to everybody, and obtain media attention.

The application may seem somewhat daunting, with all of the detailed questions about what kind of advice is being sought and the qualifications of the experts to be hired. The group should keep in mind, however, that these are all questions that would need to be worked out at some point if the group received the grant; it is probably better that they are discussed and resolved before receiving the money. One group which received a TAG reported that it was extremely beneficial to write a detailed grant application. This group had a received a previous grant, and after receiving it had consumed enormous amounts of time debating every little expenditure. With the TAG, they decided where the money was going beforehand -- in the application.

The applications contains a question about how the group will maintain open communication with the PRP. It should be noted though that, according to the DEP, there is no penalty for bad relations between the group and the PRP.

E. The selection process

The selection process contains three parts: a "completeness review"; an initial evaluation, with an opportunity for applicants to respond to questions raised in the evaluation; and a final review.

Upon receiving the application, the DEP will review it to determine whether all of the questions have been answered. If not, the DEP will notify the applicants so that they can add the required information. Completed applications will then be reviewed according to the DEP's criteria (see below).

Once this evaluation is complete, the DEP will provide all applicants with an opportunity to review their evaluations. Applicants not selected for funding will be allowed to clarify information in their application that would affect their rating. DEP will review this information, and then select the grant recipients.

Upon being chosen for a TAG, each grant recipient must sign a Grant Agreement with the DEP, formally agreeing to the conditions of the grant. At this time, the group must be legally incorporated (see Chapter IV for a discussion of how to incorporate).

F. TAG application evaluation criteria

All TAG applications submitted to the DEP will be evaluated according to the following criteria. Each individual criterion will be assigned a score between zero and the maximum number of points indicated. Any application which receives a score of zero for criteria (b) or (e) will not be eligible for funding.

(a) Severity and complexity of the disposal site, relative to its impact on health, safety, public welfare, and the environment (maximum score -- 12 points).

(b) Relationship of the proposed project to the impacts of the disposal site on health, safety, public welfare, and the environment (maximum score -- 6 points).

(c) Relevance of the disposal site for local economic development efforts, as determined by the disposal site's location in an area designated by the Massachusetts Economic Assistance Coordinating Council as an "Economic Target Area" (maximum score -- 3 points).

(d) Potential of proposed project to foster increased public awareness of disposal site response actions and issues, and increase public participation in response actions at the disposal site (maximum score -- 12 points).

(e) Applicants demonstrated capacity to communicate with and involve individuals affected by the disposal site (maximum score -- 5 points).

(f) Applicant's demonstrated capacity to implement the proposed project (maximum score -- 5 points).

(g) Overall quality of applicant's proposal, including feasibility of meeting identified goals, feasibility of completing project within work schedule and budget, and appropriateness of proposed types of consultants to be employed (maximum score -- 18 points).

A. How to incorporate

Groups do not have to be incorporated at the time they apply for a TAG. They do, however, have to be incorporated if they are to receive one. If a group decides to hire a lawyer to incorporate, they can be reimbursed for it from the TAG. A lawyer is definitely not necessary; incorporating is very likely something that the group can do itself.

The process for incorporating is relatively simple: the group must obtain and fill out a four-page form and mail it in along with a fee. The form -- called "Articles of Organization" -- can be obtained from the Secretary of State by calling the Corporations Division at (617) 727-9640. There is also a Citizens Information Service at (800) 392-6090. Citizen groups should request the nonprofit form (it is the color blue).

Prior to filling out the form, however, there are some decisions which must be made by the group. These may or may not take a little time to resolve. The issues which must be resolved before incorporating are: 1) the corporate name; 2) activities and purposes; 3) the corporation address; 4) the initial Board of Directors; 5) fiscal year end date; and 6) bylaws.

1) Corporate name: This can be simply the group's existing name (followed by "Corp." or "Inc.").

2) Activities and purposes: This should be stated very simply, in everyday language, such as "To organize citizens to ensure the cleanup of hazardous waste sites in the Town of XXX and help protect our drinking water."

3) Corporate address: This can be a P.O. Box, or, for example, the address of the group's president.

4) The initial Board of Directors: The group must pick a president, treasurer, and a clerk, as well as the directors; the president must be a director, as can also be the treasurer and the clerk.

5) Fiscal year end date: Many corporations pick December 31 as the end of their fiscal year.

6) By-laws: By-laws are simply the rules that govern how the group is run; for example, the powers of the president, and how he or she is elected. The application does not require a copy of these by-laws; simply that they have been adopted by the board.

There is a filing fee for incorporating, which is $35.

After submitting the Articles of Organization, the group should apply for a federal employer identification number (EIN) with the Internal Revenue Service (using the IRS Form SS-4). The EIN is the organization's "social security number." The EIN will be assigned to the corporation by the IRS within 2-4 weeks of filing. The EIN is necessary to open bank accounts, among other things.

Once incorporated, there are reporting responsibilities which the group must fulfill. The group must file an annual report with the Corporations Division of the Secretary of the Commonwealth. It must be filed by 15th day of the third month after the corporation's fiscal year end. Forms for this are available from the Corporations Division.

B. Obtaining tax-exempt status

Becoming tax-exempt is referred to by the IRS as obtaining "501(c)(3) status." Being a 501(c)(3) provides several benefits: not paying taxes, and contributions to the organization are tax-deductable as charitable contributions (this is important if the group is applying for grants from foundations). The IRS defines 501(c)(3) organizations as those that have a "charitable/educational" purpose.

Being classified as a tax-exempt corporation does entail some restrictions, however. Specifically, the amount of lobbying a group can do is severely limited. Lobbying is defined as meeting with elected officials to support passage of legislation; it does not include pressuring elected (or non-elected) officials on other issues, such as those involved in a waste site cleanup. As a rule of thumb, no more than 5 percent of a 501(c)(3)'s activity or resources can be devoted to lobbying. 501(c)(3)s also cannot become involved in partisan political campaigns.

Note: none of these restrictions apply to citizens in the group as individuals. For example, a person can personally lobby his or her elected officials. He or she cannot do so, however, as a representative of "Concerned Citizens of XXX," if such organization is a 501(c)(3) tax-exempt organization.

Obtaining tax-exempt status entails filing IRS forms #1023 and #8718. There are fees that are required, set according to your group's anticipated annual revenues. Form 8718 outlines the schedule of such fees, and must be submitted along with form 1023. A free IRS publication, Exempt Status for Your Organization (publication #557), is useful in going over some of these issues.

Applications for 501(c)(3) exemption must be filed with the IRS within 15 months of the date of incorporation. Applications are generally processed within three months of receipt.

To ensure that a tax-exempt organization continues to be qualified for such status, the IRS requires the annual filing of a form #990, which simply asks for information about the organization's activities and financial situation.

Being a 501(c)(3) also entitles the group to apply for exemption to the state's Corporate Excise Tax and the sales tax. This application, which is usually granted, is made to the Massachusetts Department of Revenue.

Information about tax-exempt status and the necessary forms can be obtained by calling the Internal Revenue Service at (617) 536-1040.

V. HIRING A CONSULTANT

This chapter has four sections. The first discusses what a group should look for in a TAG consultant; the second section discusses what a group can get for $10,000; the third section goes into the hiring process; and the final section discusses hiring subcontractors.

A. What to look for

There are three broad categories of issues in looking for a TAG consultant. The first category is "technical" issues, such as the consultant's type of expertise and level of experience. The second category is concerns about how well the consultant relates to the group, including his or her ability to speak in clear "layperson's" language, and his or her willingness to be an advocate for the group. Finally, there are financial concerns -- getting the most for the money (this is discussed in the section below, "What can you get for $10,000?").

Technical expertise

There are numerous disciplines involved in the assessment and cleanup of a hazardous waste site. These disciplines include (but are not limited to): toxicology; hydrogeology; soil science; and engineering. What types of expertise are sought is determined by the information the group is interested in. For example, if the group is concerned that toxic waste may be leaching into nearby drinking wells, it may want to hire someone with hydrogeological expertise. Or, if the group is concerned that the health risks of the waste site have not been fully assessed, a toxicologist may be in order. An engineer would be able to assist in examining proposed cleanup technologies. A combination of types of expertise -- provided by one person, or subcontractors -- is likely to be required (subcontracting is discussed in the section below).

The group should also look for someone who has experience with the particular type of waste site they are dealing with. Not all waste sites are the same. They can vary in a number of ways, such as according to the types of waste involved (for example, oil, heavy metals, or solvents); the types of facilities involved (gas stations, manufacturing facilities, or illegal dumps); or if there is water contamination involved.

The group should consider a consultant's academic credentials and length of experience. The group should also give strong consideration to hiring a Licensed Site Professional (LSP) -- someone licensed by the state to oversee hazardous waste cleanups. Since becoming an LSP requires a certain length of experience and passing an examination given by the state, hiring an LSP ensures a good level of knowledge and background. In addition, an LSP may have more credibility when dealing with the DEP or the PRP.

How well do they relate to the group?

It is important to recognize that a consultant's technical expertise is only one of a number of important considerations. The two primary non-technical considerations are whether the consultant will act as an "advocate" for the group's interests and whether he or she can explain technical issues in clear "layperson's" language.

Ideally, the group should seek someone who is willing to be an advocate for the group's interests. Being an advocate means first of all, understanding what the group's interests are at the site. It also means, for example, being willing to write and sign letters to the DEP explaining problems with a proposed cleanup plan, or sitting in on a meeting with the PRP and the DEP to argue the group's case. In seeking a consultant who will advocate the group's interests, it is important to find someone with political savvy; someone who understands the technical aspects of a cleanup, but also appreciates the political aspects as well -- the economic interests at play, the pressure points within the DEP, how to influence the cleanup process, and so forth.

The second primary non-technical considerations are whether the consultant can present information and ideas clearly to the group (but without oversimplifying them), and is willing and able to maintain good communication with the group. A consultant could prepare the most brilliant analysis in the world, but if you cannot understand it, it is worth very little. The groups should make sure that the consultant is not just going to mail his or her reports, but is willing to meet with the group to go over any questions.

In addition, if the community has particular needs, e.g., foreign language, the group should specify this as a required skill.

Questions to ask references

Ask prospective consultants if he or she has had experience with TAGs before, or with citizen groups in general (and ask for references from these groups). Even if he or she has not worked with citizen groups in the past, you should obtain and contact at least one reference supplied by each possible consultant. Suggested questions to ask include:

­ Did the consultant complete the work on time?

­ Did the consultant supply what he or she agreed to?

­ Did the consultant respond to phone calls in a reasonable amount of time?

­ Was the consultant flexible (i.e., did he or she respond to any changes in the work plan)?

­ What would you say were the consultant's greatest strengths? Greatest weaknesses?

­ Were there any complications with respect to payment?

­ Was it difficult to arrange a contract with the consultant?

B. What can you get for $10,000?

A third consideration in hiring a consultant is, of course, getting the most for the money. The group should seek the best rate for the level of expertise and experience desired. It is important to remember that, at a certain point, there may be a large sacrifice in the quality of the assistance if too low a rate is sought.

According to one consultant, $85-100 an hour is sufficient for a senior level person (though "big-name" consulting firms may charge more). Therefore, at a senior level, a group should be able to get about 100 hours of time. Another expert thought that senior level billing rates are between $100 and $150 an hour, with junior level rates falling to around $75 an hour. It is likely that some work will require senior level expertise, while some may not. The group should request that only "senior level work" be given to senior level people, and that "junior level work" be given to the less expensive junior staff.

The group should not be shy about asking a consultant for a discount from normal rates. Most consulting work is done for firms with deep pockets -- certainly deeper than those of a citizen group. The group should also ask the owner of the firm for a discount, mentioning that doing work for a citizen group is good public relations.

The group should ask potential consultants not only what they charge, but what they charge for. For example, consultants charge not just for their time working, but also for travel time. One consultant charged a citizen half of his normal rate for travel time to meet with them. The group should even ask that the consultant not charge anything for travel time.

The groups should also make sure that the consultant has accounting procedures to monitor his or her time on the project. The consultant should be able to provide a detailed bill and time sheet.

Look out for conflicts of interest!

Groups must be confident of the objectivity, as well as the expertise, of potential consultants. Groups need to be aware of potential conflicting loyalties or obligations that someone might have. For example, a contractor who has worked for the PRP at a site may have a conflict between his/her loyalties to that past employer. Groups should request information on his/her financial and business relationships with PRPs at the site, their companies, subsidiaries, affiliates, subcontractors, current clients, and attorneys and agents. Groups should obtain certification that such information has been revealed, and that any information found in the future will be revealed. Under the state regulations, Licensed Site Professionals are required to provide this information to clients.

C. The hiring process

It is important going into the hiring process to have a clear and agreed upon sense of what the group wants (to a large extent, this should have been addressed in the application process). As one consultant put it, "I would advise groups to carefully plan out their priorities. Concentrate on the main issues, not the minor ones." As part of the hiring process, the group may also ask prospective consultants for suggestions as to what their priorities should be (keeping in mind that the consultant has an interest in the group seeking what his or her expertise can provide). It should also be remembered that citizen groups are not the typical client for a consultant; therefore, he or she may have little idea of the group's needs.

The first step in the hiring process is finding the names, addresses, and phone numbers of consultants the group may want to hire. The DEP is not supposed to suggest consultants. Citizens can contact the Toxics Action Center for recommendations of good consultants. One group found that once they received the grant, they were contacted by many consultants.

Two case studies illustrate ways to conduct the hiring process.

The Hiring Process: Case Study #1

One group received a list of LSPs and received some recommendations ("because we didn't want to go through 50 applications"). They put together a two-page prospectus and sent it to six LSPs. They received answers from five, and based on these, decided to interview two applicants. After the interviews, however, the group was evenly divided: half the group wanted one LSP, half the group wanted the other. After a second round of interviews, the group voted unanimously for one LSP. Despite the amount of time and difficulty involved, according to one group member, "This interview process was the most productive thing we've done yet. It helped us focus on our goals. It forced us to explain to the consultants what we wanted. It was a very solidifying process."

The Hiring Process: Case Study #2

One group mailed a request for proposals to consultants, stating that each proposal received would be evaluated on the following criteria:

­ Technical qualifications and expertise in relevant areas (30%)

­ Demonstrated knowledge of and experience with EPA and DEP procedures (30%)

­ Qualifications of subcontractors (20%)

­ Price and documented adequate accounting procedures to successfully manage the services required and account for expenditures (10%)

­ Women-owned, minority-owned, or small business (10%)

Consultants chosen based on these criteria were then interviewed and screened according to the following criteria:

­ Communication skills and interest in working with concerned citizens and the general public (60%)

­ Demonstrated flexibility to accommodate the intermittently intense and quiet scheduling demands of a project such as this (30%)

­ Price (10%)

The group received 15 responses. Four people read the responses and then interviewed seven finalists. These finalists were then interviewed by at least two people from the screening group.

The hiring process can be an opportunity for the group to obtain free work from prospective consultants. The group should ask consultants to review the existing file of information on the site before an interview. During the interview, the group can ask each prospective consultant about what he or she has learned from the file and what the consultant suggests should be done at the site. This will allow the group to properly assess whether the person is a good communicator and understands the site; it also can provide the group with some valuable insights and suggestions.

Once a consultant is chosen, a contract will have to be prepared and signed. The typical client of a consultant is not a citizen group; it is usually the owner of a contaminated site. Therefore, the standard boilerplate contract is not suitable. One group took more than three months to develop a contract, using some legal assistance.

D. Subcontractors

A group will very likely require technical expertise in more than one discipline (such as engineering and hydrogeology). If a group wants expertise that their TAG expert does not have, there are several options:

­ the consultant may work in a firm that employs other people with the desired expertise;

­ the group can pay the consultant to contact and make arrangements with other consultants to obtain the necessary information; or,

­ the consultant can recommend other consultants for the group to contact itself.

There can be advantages and disadvantages to the different arrangements. For example, choosing to hire a consultant from a bigger firm may give the group access to a greater number of disciplines, but smaller firms may be more attentive to your needs (and may also be more flexible about providing discounts).

One group did not want its consultant to hire subcontractors -- they wanted to do that themselves. Said one activist, "When it came to looking at toxicity data, we hired our own person. We wanted direct contact with the person. We wanted the 'straight poop' directly to us."

During the hiring process, another group requested that all of the consultants' proposals come with a list of subcontractors. Said one activist, "One of the things we looked at in the hiring process was what kind of team there was."

What else can you do with TAGs?

TAGs can be used for more than hiring technical consultants. The money can be used for other things which directly relate to the waste site:

­ Other experts, such as lawyers and media consultants.

­ The Toxics Action Center can provide several services to groups, including developing materials and strategies, and helping administer the grant and deal with the paperwork.

­ The work of a group member. At one site, the grant paid for someone from the group to oversee college students (working for free) who gathered information about the site and put it onto maps. At another site, a group used the money to pay one of their own members (who is an engineer) to attend meetings and assess cleanup activities.

­ Books and attending conferences.

­ Public outreach and education expenses, such as printing and postage (these "administrative" costs cannot exceed 20 percent of the award).

­ "Hardware" such as computers, printers, and photocopiers. The group can either rent the equipment, or buy it. Two things should be noted, however: any hardware which is purchased must be given to the DEP after the grant is over; and these hardware costs are considered "administrative" and cannot exceed 20 percent of the grant award.

VI. USING A CONSULTANT

This chapter covers what a group should expect from a consultant (and what they should not). In using an expert, the group should keep in mind the three things that a consultant can (and should) provide: 1) explanation; 2) analysis; and 3) advocacy. The group should also be aware of which of these things can have the most bearing on improving the cleanup, and what things the group can do itself.

For example, there are certain research and investigation activities that a group should do itself -- though consultants may differ as to what those activities are. For example, if the group wants to know if a company used certain chemicals, they could probably research that for themselves. As one expert put it, "The group should be willing to take on some of the grunt work. To conserve limited funding, they should only delegate tasks and responsibilities they cannot do themselves." Another expert, however, prefers to do some of the grunt work, to ensure that it is done correctly. For example, he explained, there may be another site in the area of concern that citizens overlook.

With respect to the role of explainer and analyzer, the group should expect written reports on scopes of work, site assessments, and cleanup plans. The group should expect to be able to meet with the consultant to go over any questions. Firm timelines should be established for when these reports are due, or when meetings must be held. According to one activist, the most trouble her group had with its consultant was trying to get him to do things on time.

When providing analysis, the consultant can also comment on the group's ideas and suggest strategies. For example, he or she can suggest where a citizen group had an interest in commenting on a proposed plan. A politically savvy consultant can suggest who to speak with and how to speak with them.

The consultant can also advocate for the group. For example, he or she can write and sign letters for the group. The letters should always start, "On behalf of [the group's name]". Prior to sending any letter, he or she should let the group review it.

In the role of advocate, the consultant may have a direct influence on the cleanup process itself. For example, at one site, the group's consultant wrote a letter to the DEP, conveying the group's wish that testing be done on drums prior to their off-site disposal. The group's suggestion appeared in a DEP letter to the PRP. According to one activist, "The DEP looked to our consultant for assistance. Whenever we had meetings with the PRP and the DEP, his contributions helped direct the investigation."

There are two things to look out for when the consultant starts playing an advocacy role: the group should maintain full control over and awareness of the consultant's activity, and the consultant should not take his or her advocacy role too far. Having a consultant actively involved in the cleanup -- while possibly beneficial -- could also mean, as one activist put it, "Sometimes it seemed like the consultant didn't just work for us." The consultant was speaking frequently with the DEP, giving comments and direction, but the group was not fully in the know about these interactions.

Also, while the group will want to hire someone who will advocate for their interests, it should also be aware that a consultant who comes across to the DEP as "too much advocate" and "not enough expert" may not be well received. One group hired two consultants, one who was very much an advocate and one who was not. The reports written by the latter -- in a dry, neutral tone -- were better received by the DEP. If one goal of a group is to have an influence on the DEP's decision-making, it may want to avoid having its consultant's letters and reports sounding too activist-sounding.

It is a good idea for a group to have a "point person" to talk with the consultant, to receive reports and give assignments. This person should have a good working knowledge of the state Superfund program ("the MCP").

Case Study: Analyzing a Site's Risk

One group used a portion of its funds to gain an understanding of the risks posed by the site. The scope of work for this particular project was:

1.) Reviewing all current documents regarding assessment of risk from the site, including:

2.) Speaking with DEP staff to obtain background information on the purpose of the risk assessment, the assumptions which determined its scope, and further work which the DEP may recommend.

3.) Writing a brief report, understandable to a non-technical audience, which explains and interprets the documents identified above.

4.) Meeting with the group to discuss the review, answer questions, and offer recommendations for further action.

It is possible that the group may decide that they are not happy with the consultant they have hired. It is possible to change consultants in "mid-stream," firing the current expert and going through the hiring process again. As one activist put it, "You don't always hit it right the first time. We want to be right, because this is a long-term project."

The importance of being flexible

It is important to keep in mind that activity at the site taken by the PRP will inevitably shape the timeline and actions of the group. As one group noted:

By the very nature of our role as monitors and evaluators, our activity is often determined by what happens at the ... site itself during its assessment. We have almost no role in the timing of the assessment activities, when data is shared by the Responsible Party, and what definitive steps [the company] chooses to take in this remediation project. The timeline of our project therefore mirrors site activity and has changed considerably since we planned our TAG budget.

VII. MANAGING A TECHNICAL ASSISTANCE GRANT

Managing and spending the money

The group will need to open up a bank account in the name of the group to manage project funds. The group will also need to establish an accounting system and keep appropriate records. The group must submit invoices to the DEP requesting reimbursement for their expenses.

Grants funds may be used to hire a consultant or employee to help administer the grant. However, administrative costs (which also includes purchase of pens and paper, telephone bills, postage, etc.) cannot exceed 20 percent of the award.

Two other restrictions on TAG money are:

­ A TAG must be spent within a specific time period, at most three years.

­ TAGs can only reimburse grantees for expenses incurred in obtaining technical assistance after the grant has been awarded.

A key to managing and spending the TAG money is a well-thought through decision-making and oversight structure. One group which received a TAG has a president, a treasurer, and a secretary, who are also on the five-member board of directors. The group does not pay a bill until three out of five agree on it. The group has a corporate account, which the treasurer opened. Financial management is made easier by the fact that the treasurer is an accountant with a local hospital.

In another group, a designated TAG project manager makes sure the work is done, the chair of the board approves the expenditures, and the treasurer writes the checks.

The group should also supplement the TAG money with other fundraising activities, such as raffles, fundraising events, and other grants. Some activities can be paid for by the PRP itself. For example, at one site, the PRP is paying for the videotaping of all public meetings with the DEP.

The DEP will require from grant recipients quarterly reports on activities and expenditures, and a final report. The final report describes funds spent, project results, and services rendered, and must be submitted when the grant agreement expires (for multi-year agreements, these reports must be submitted at the end of each fiscal year).

FOR MORE INFORMATION

Toxics Action Center

29 Temple Place, Boston, MA 02111; (617) 292-4821

Internal Revenue Service

John F. Kennedy Federal Building, Boston, MA; (617) 536-1040

Licensed Site Professional Association

One Walnut Street, Boston, MA 02108; (617) 227-5551

Massachusetts Department of Environmental Protection

One Winter Street, Boston, MA 02108; (617) 292-5500.

The DEP Public Involvement Coordinators are:

Northeast Region: Karen Stromberg, 10 Commerce Way, Woburn, MA 01801; (617) 932-7600

Southeast Region: Gerard Martin, 20 Riverside Drive, Lakeville, MA 02347; (508) 946-2700

Central Region: Joanne Kasper, 627 Main Street, Worcester, MA 01605; (508) 792-7650

Western Region: Susan Streenstrup, 436 Dwight Street, Suite 402, Springfield, MA 01103; (413) 784-1100

Massachusetts Department of Revenue

215 First Street, Cambridge, MA 02142; (617) 727-4545

Secretary of the Commonwealth

One Ashburton Place, Boston, MA 02108; (617) 727-9640. There is also a Citizens Information Service at (800) 392-6090.

immediate response action (IRA) -- any immediate effort taken to assess, contain, or cleanup a toxic release upon discovery

release abatement measure (RAM) -- a voluntary cleanup measure taken by a PRP prior to classification of the site according to its level of risk

abutter -- a person who lives next to a piece of property which has been contaminated

licensed site professional (LSP) -- someone licensed by the state to oversee hazardous waste cleanups; the LSP may be a private consultant or an employee of the PRP

potentially responsible party (PRP) -- anyone who is potentially responsible for cleanup of a hazardous waste site. The term PRP is also applied to those who are conducting cleanups.

split samples -- duplicate samples taken at a site and sent for analysis to two different labs, to ensure the quality of the sampling and analysis performed

fiscal year -- a twelve-month period on which you base your financial planning and record-keeping (not necessarily the calender year)

incorporate -- to become a corporation (a group of persons which obtains a charter giving them certain legal rights and privileges)

toxicology -- the study of the health effects of toxic chemicals

hydrogeology -- the geology of groundwater, with emphasis on the chemistry and movement of water

hydrology -- the science dealing with the properties, distribution, and circulation of water

501(c)(3) -- a nonprofit organization which is tax-exempt

Occupational Safety and Health Administration (OSHA) -- the federal agency which regulates workplace health and safety

pro bono -- Latin term meaning "free"; usually describes work which is done without payment

prospectus -- a description of what a group intends to do or have done