Chapter 21A

Section 1. There shall be an executive office of energy and environmental affairs, hereinafter called the office, which shall be under the supervision of a secretary of energy and environmental affairs, hereinafter called the secretary. Said secretary shall be appointed by the go…

Section 10A. The office of law enforcement shall be in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of law enforcement. The director shall be qualified by training, experience and ex…

Section 10B. It shall be the duty of the office of law enforcement to enforce all penal laws which it is the duty of any agency within the executive office of environmental affairs to enforce, the General Laws or any special laws to the contrary notwithstanding. Nothing in this s…

Section 10C. The director, deputy directors of enforcement, chiefs of enforcement and all deputy chiefs of enforcement, law enforcement coordinators, and the wardens, as defined in section 1 of chapter 131, and all environmental police officers and deputy environmental police off…

Section 10D. Each deputy director of enforcement, chief of enforcement, deputy chief of enforcement, warden, environmental police officer or deputy environmental police officer, when on duty and in uniform shall wear on his outer clothing or otherwise display a metallic badge bea…

Section 10E. The secretary, director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, may in the performance of their duties enter upon and pass through or over private p…

Section 10F. Notwithstanding chapter 149 or of any other general or special law to the contrary, the director, with the approval of the secretary, shall make rules and regulations governing the tours of duty and hours of work for the deputy directors of enforcement, chiefs of enf…

Section 10G. If the director, his assistant or any environmental police officer, deputy environmental police officer, members of the state police, local police, local town law enforcement officials in shellfish beds over which they have jurisdiction, or harbormasters acting pursu…

Section 10H. (a) For the purposes of this section, "person'' shall mean a natural person, corporation, association, partnership or other legal entity or other legal agency or political subdivision of the commonwealth. (b) A person notified to appear before the clerk of a district…

Section 10I. There shall be a surcharge of 20 per cent on a fine assessed against a person convicted of or found responsible for a violation under this chapter or a violation of a special regulation made under this chapter if the complaining officer was an environmental police of…

Section 10J. (a) Whenever an environmental police officer of the office of law enforcement is incapacitated and unable to perform the duties of such an officer because of injuries sustained in the performance of the environmental police officer's duties, without the fault of the …

Section 11. There shall be within the office of law enforcement a boating safety advisory board. The board shall consist of 5 members to be appointed by the governor, 2 of whom shall be representatives of the boating public, each of whom shall hold a certificate of number issued …

Section 11A. There is hereby established within the office of planning and programming a bicycle and pedestrian advisory board. The board shall oversee the state's bicycle and pedestrian activities and advise the bicycle and pedestrian program office. The board shall consist of t…

Section 11B. There shall be in the department of fisheries, wildlife and environmental law enforcement a board to be known as the public access board composed of the director of the division of fisheries and wildlife, the director of the office of law enforcement, the director of…

Section 11C. The commissioner, with the approval of the stewardship council, may from time to time, for the purpose of promoting the public safety, health and welfare, and protecting public and private property, wildlife, fresh water fisheries, and irreplaceable wild, scenic and …

Section 12. At least sixty days prior to the proposed promulgation by the secretary, the commissioner of the department of environmental protection or the commissioner of food and agriculture of any rule or regulation which substantially affects the public health, the secretary s…

Section 13. The commissioner of the department of environmental protection shall adopt, and from time to time amend, regulations to be known as the state environmental code. Any violation of such code, (a) shall be punishable by a fine of not more than twenty-five thousand dollar…

Section 13A. A system inspector of on-site sewage disposal systems, approved by the department of environmental protection, who performs an on-site inspection sewage disposal system under the provisions of the state environmental code, shall not recommend a specific disposal syst…

Section 14. The department of environmental protection is hereby authorized and directed to issue permits for the disposal of dredged materials within the marine boundaries of the commonwealth when it is determined that such disposal and such disposed material will not unreasonab…

Section 16. As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Department'', the department of environmental protection. ''Person'', any agency or political subdivision of the commonwealth, any state, …

Section 17. The department of environmental protection shall in consultation with the director of the childhood lead poisoning prevention program and the director of labor standards, promulgate regulations specifying adequate methods of cover and disposal of soil containing dange…

Section 18. As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:— ''Advisory committee'', the advisory committee on fees and program improvements appointed by the commissioner pursuant to this section. ''Commissio…

Section 18A. (a) As used in this section, the following words shall have the following meanings unless the context otherwise requires: ''Advisory committee'', the advisory committee on administration of the federal safe drinking water assessment. ''Act'', the federal safe drinkin…

Section 19. As used in this section, and in sections nineteen A through nineteen J, inclusive, the words ''final remedial response plan'', ''hazardous material'', ''imminent hazard'', ''interim remedial response'', ''oil'', ''permanent solution'', ''person'', ''release'', ''respo…

Section 19A. There is hereby established within the executive office of environmental affairs the board of registration of hazardous waste site cleanup professionals. The board shall consist of eleven members. One member, who shall be the chairman of the board, shall be the commi…

Section 19B. (a) The board shall adopt, and may from time to time amend and repeal, regulations as it deems necessary for the implementation, administration, and enforcement of sections nineteen through nineteen J, inclusive. Said regulations shall be adopted, amended, or repeale…

Section 19C. The board may license individuals to be hazardous waste site cleanup professionals. Each application for an initial license or license renewal shall be accompanied by a fee established by the board that shall be set to cover all costs of processing the application, a…

Section 19D. Effective on and after one year after publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, no person shall be, or act as, or advertise as, or hold himself out to be, or represent himself as being, a hazardous …

Section 19E. Personnel or authorized agents of the board or of the department may at all reasonable times enter any known or suspected site, vessel, or other location, whether public or private, for the purpose of investigating, sampling, inspecting, or copying any records, condi…

Section 19F. Whenever it appears that there is a violation of any provision of sections nineteen through nineteen J, inclusive, or of any regulation, license, or order issued or adopted thereunder, the board may issue to a person causing or contributing, or likely to cause or con…

Section 19G. (1) The board may assess a civil administrative penalty on a person who fails to comply with any provision of any regulation, order, or license issued or adopted by the board, or with any provision of sections nineteen through nineteen J, inclusive, subject to the fo…

Section 19H. Any person aggrieved by a determination by the board and who has legal standing to do so, may request an adjudicatory hearing before the board if the determination is made in an adjudicatory proceeding as that term is defined and used in chapter thirty A. Any such de…

Section 19I. The superior court department of the trial court shall have jurisdiction to enjoin violations of, or to grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of sections nineteen to nineteen J, inclusive, or of an…

Section 19J. Any person who violates section nineteen D, or who knowingly makes any materially false or inaccurate statement in any application, record, report, plan, design, or statement which said person submits to the board or the department, or who knowingly makes any materia…

Section 2. The office and its appropriate departments and divisions shall carry out the state environmental policy and in so doing they shall: (1) develop policies, plans, and programs for carrying out their assigned duties; (2) provide for the management of air, water and land r…

Section 20. (a) As used in this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:— ''Public agencies'', any city, town, county, district, or other political subdivision, authority, public corporation, board or commiss…

Section 21. The secretary, in conjunction with the secretary of administration and finance, shall design and implement a bidding process for the competitive procurement of electric generation on behalf of any agency, executive office, department, board, commission, bureau, divisi…

Section 22. (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise: ''Allowance'', an authorization to emit a fixed amount of carbon dioxide. ''Cap and trade program'', a policy approach for controlling em…

Section 23. There is hereby established within the executive office of energy and environmental affairs a state off-highway vehicle advisory committee. The committee shall advise the secretary and the department of conservation and recreation, the department of fish and game, the…

Section 24. There shall be within the executive office of energy and environmental affairs an office of the state climatologist, which shall be under the supervision and control of a state climatologist to be appointed by the secretary of energy and environmental affairs and the …

Section 25. (a) There shall be a water infrastructure advisory committee to monitor the progress of closing the gap in funding for water, wastewater and storm water infrastructure. (b) The advisory committee shall consist of: the secretary of energy and environmental affairs or a…

Section 26. (a) There shall be within the division of marine fisheries a coordinated program to market seafood landed in the commonwealth and to take other actions to increase consumer demand and preference for local seafood products, to support the commonwealth's fishing and sea…

Section 27. (a)(1) There shall be within the executive office of energy and environmental affairs a program to facilitate, through municipal ordinances or by-laws, the transfer of development rights to protect conservation values and encourage development through market incentive…

Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Bedding'', any bedding material, including, but not limited to, a mattress, mattress pad, mattress cover, sheeting, pillow, blanket, com…

Section 29. There shall be an office of environmental justice and equity within the executive office of energy and environmental affairs, which shall be administered by an undersecretary of environmental justice and equity who shall be appointed and may be removed by the secretar…

Section 2A. The secretary shall be the state natural resource trustee and may compromise or settle any claim for damages for injury and for destruction or loss of natural resources, including the costs of assessing and evaluating the injury, destruction or loss, incurred or suffe…

Section 3. The secretary shall conduct comprehensive planning with respect to the functions of the office and shall coordinate the activities and programs of the departments and divisions within the office. He shall continually review the operations of the office with a view towa…

Section 30. The executive office of energy and environmental affairs shall establish and periodically update a methodology for determining the suitability of sites for clean energy generation facilities, clean energy storage facilities and clean transmission and distribution infr…

Section 31. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:— ''Charger'', a device having at least 1 charging port and connector for charging electric vehicles; provided, however, that ''ch…

Section 4. In order to enable him to coordinate and improve the operations of all departments, divisions and other administrative units within the office, the secretary shall have the following powers and duties concerning any power or duty assigned to any such department, divisi…