Chapter 21D

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

Section 10. The developer shall prepare a preliminary project impact report to be submitted to the secretary and to the council for each site under consideration. Said preliminary project impact report shall consist of two parts: (1) the environmental impact report required by se…

Section 11. The local assessment committee of a host community and the chief executive officers of abutting communities may request technical assistance grants from the council. If a local assessment committee of a host community or the chief executive officer of an abutting comm…

Section 12. No facility shall be constructed, maintained or operated unless a siting agreement shall have been established by the developer and the local assessment committee of a host community pursuant to sections twelve and thirteen and said agreement has been declared to be o…

Section 13. A siting agreement may be established by the signature of the chief executive officer of a host community who has been directed by a majority vote of the local assessment committee of said host community to sign and the signature of any officer of the developer expres…

Section 14. The chief executive officer of any abutting community may, within sixty days of the determination by the secretary and the council that a preliminary project impact report is in their judgment in compliance with applicable law, petition the council for the establishme…

Section 15. If sixty days after the secretary and the council determine that the preliminary project impact report is in compliance with applicable law, the department, the developer or the local assessment committee of the host community informs the council that an impasse in th…

Section 16. No license or permit granted by a city or town shall be required for a hazardous waste facility which was not required on or before the effective date of this chapter by said city or town. All permits and licenses required for a hazardous waste facility in a city or t…

Section 17. If all permits and licenses required by law have been issued to the developer and a siting agreement has been established pursuant to sections twelve and thirteen, the developer may petition the department to exercise its eminent domain authority pursuant to the provi…

Section 18. This chapter shall not apply to any hazardous waste facility exempt from the licensing requirements of chapter twenty-one C which was lawfully organized and in existence on May first, nineteen hundred and eighty, or to any hazardous waste facility which was licensed a…

Section 19. Notwithstanding the first paragraph of section eighteen, chapter twenty-one D shall apply to the increase of capacity to store, treat, or dispose of any particular type of hazardous waste, unless an existing siting agreement established pursuant to the requirements of…

Section 2. Unless the context clearly indicates otherwise, when used in this chapter, the following words and phrases shall have the following meanings: ''Abutting community'', a city or town contiguous to or touching upon any land of the host community. ''Chief Executive Officer…

Section 3. The department of environmental protection shall have the following powers and duties: (1) to prepare and issue annually a statewide environmental impact report, after first providing the council an adequate opportunity to review and comment on the contents of said rep…

Section 5. Not more than thirty days after the receipt of a notice of intent to construct, maintain and operate a hazardous waste facility on a site in a city or town, or notification by the department that this community is a host community in the final list of suggested sites e…

Section 6. 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 be considered to be a public record …

Section 7. Every developer proposing to construct, maintain and operate a hazardous waste facility shall submit a notice of intent to the council, the department, the department of environmental protection, the chief executive officer of the host community, if any, any regional p…

Section 8. The department shall conduct briefing sessions for the purposes of insuring the participation of interested persons in the hazardous waste facility siting process pursuant to this chapter and of informing the public about every proposal which the hazardous waste facili…

Section 9. If the developer suggests a site in his notice of intent and indicates therein his unwillingness to accept suggestions for alternative sites, the council shall proceed to review the proposal pursuant to section ten. If the developer indicates in his notice of intent a …