Chapter 21C

Section 1. This chapter shall be known and may be cited as the ''Massachusetts Hazardous Waste Management Act''.

Section 10. Any violation of this chapter, or of any regulation, order, license, or approval made thereunder shall be presumed to constitute irreparable harm to the public health, welfare, safety and to the environment. Such presumption may be rebutted by the introduction of comp…

Section 11. Any person aggrieved by a determination by the department to issue, deny, modify, revoke or suspend any license or approval, or to issue an order, under the provisions of this chapter, may request an adjudicatory hearing before the department under the provisions of c…

Section 12. Notwithstanding the provisions of any law to the contrary, any information, record, or particular part thereof, obtained by the department pursuant to the provisions of this chapter, shall, upon request, be kept confidential and not considered to be public record when…

[There is no 21C:13.]

Section 14. The following property shall be subject to seizure by members of the state police, environmental police officers, and local police and to forfeiture to the commonwealth: (1) All conveyances, including motor vehicles, trailers, vessels, or other containers, used or int…

Section 15. As used in sections fifteen to thirty, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Commissioner'', the commissioner of insurance. ''Plan'', the plan of operation established and approved under se…

Section 18. (a) If a licensee is an impaired licensee, the insolvency fund may, in its discretion and subject to any conditions imposed by the insolvency fund, that do not impair the contractual obligations of the impaired licensee and that are approved by the commissioner: (1) d…

Section 19. (1) Any person who commences a civil action against a licensee for damages arising out of an occurrence or occurrences in the commonwealth of unintentional release of hazardous waste into the environment from a facility in the commonwealth, shall give notice of the fi…

Section 2. Unless the context clearly indicates otherwise, when used in this chapter, the following words and phrases shall have the following meanings: ''Collect'', to gather at a place or places away from the premises of a licensee. ''Commissioner'', the commissioner of the dep…

Section 20. (1) Any person receiving payment of a covered claim or potential covered claim under this chapter shall be deemed to have assigned the rights to, and any causes of action relating to the covered claim or potential covered claim to the insolvency fund to the extent of …

Section 21. (1) The insolvency fund, subject to the supervisory authority of the commissioner and as provided in the plan of operation, may: (a) enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter; (b) sue or be sued, incl…

Section 22. (1) For the purpose of providing the funds necessary to carry out the powers and duties of the insolvency fund, the board of directors shall assess the generators at such time and for such amounts as the board finds necessary. Assessments shall be due not less than si…

Section 23. (1) The insolvency fund shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the insolvency fund. The plan of operation and any amendments thereto shall bec…

Section 24. Any action of the board of directors or the insolvency fund may be appealed to the commissioner by any generator or any person adversely affected thereby, if such appeal is taken within thirty days of the action being appealed. If a generator is appealing an assessmen…

Section 25. To aid in the detection and prevention of licensee insolvencies or impairments: (1) The commissioner may seek the advice and recommendations of the board of directors concerning any matter affecting his duties and responsibilities regarding the financial condition of …

Section 26. (1) Records shall be kept of all negotiations and meetings in which the insolvency fund or its representatives are involved to discuss the activities of the insolvency fund in carrying out its powers and duties. Records of such negotiations or meetings shall be made p…

Section 27. The insolvency fund shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than one hundred and twenty days after the end of the insolvency fund's fiscal year, a report of its ac…

Section 28. The insolvency fund shall be exempt from payment of all taxes levied by the commonwealth or any of its subdivisions, except taxes levied on real property.

Section 29. Until such time as the insolvency fund ceases to exist, the commissioner of the department of environmental protection is hereby authorized to make an annual assessment against each licensee in an amount determined and certified by said commissioner as necessary to co…

Section 3. There is hereby established within the department a hazardous waste advisory committee to provide consultation to the department concerning matters covered by this chapter. The committee shall review the development of standards, rules, and regulations for hazardous wa…

Section 30. In the event that the monies in the insolvency fund are insufficient to provide for the purposes set forth in section eighteen, no claimant or any other person shall have any right to require the payment of funds or to compel any other action with respect to such occu…

Section 4. The department shall establish a division of hazardous waste which shall be administered by a director appointed by the commissioner and who shall serve at the pleasure of the commissioner. The appointment of said director shall not be subject to the provisions of chap…

Section 5. No person shall collect, transport, store, dispose of, treat, use or transport hazardous waste in a manner which could endanger human health, safety or welfare, or the environment, or in a manner inconsistent with any provision of this chapter, or of any regulation sta…

Section 6. The department shall establish such regulations concerning the collection, storage, treatment, use or disposal of hazardous wastes at the site of generation as it deems necessary to protect public health, safety and welfare and the environment, and to implement the pro…

Section 7. The department may license persons to undertake the collection, transportation, treatment and disposal of hazardous waste. The department shall grant a license to construct, maintain and operate a facility on a site if it determines that said construction, maintenance,…

Section 8. Personnel or authorized agents of the department may at all reasonable times enter any premises, public or private, for the purpose of investigating, sampling or inspecting any records, condition, equipment, practice or property relating to activities subject to this c…

Section 9. Whenever it appears that there is a violation of any provision of this chapter or any license, order, approval or regulation issued or adopted thereunder, the department may issue to a person causing or contributing, or likely to cause or contribute, to such violation …