Chapter 21E

Section 1. This chapter shall be known and may be cited as the ''Massachusetts Oil and Hazardous Material Release Prevention Act''.

Section 10. The issuance of an order pursuant to section nine shall be subject to the following provisions. The department shall, in its sole discretion, choose which of the following provisions shall be applicable to a particular order. Notice of the department's choice, and of …

Section 11. Any violation of this chapter, or of any regulation adopted or order issued thereunder, shall be presumed to constitute irreparable harm to the public health, safety, welfare or the environment. Such presumption may be rebutted by a preponderance of evidence. In addit…

Section 11A. Notwithstanding any other general or special law to the contrary, civil actions pursuant to this chapter shall be brought in accordance with the following deadlines: (1) Actions brought by the attorney general pursuant to sections five or ten or both to recover respo…

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

Section 13. Any liability to the commonwealth under this chapter shall constitute a debt to the commonwealth. Any such debt, together with interest thereon at the rate of twelve percent per annum from the date such debt becomes due, shall constitute a lien on all property owned b…

Section 14. (a) Upon written petition of ten or more residents of a municipality in which a site is located, or of a municipality potentially affected by a site, the department shall hold a public meeting at a time and location convenient to the affected public, and at such meeti…

Section 15. In any suit by Massachusetts residents to enforce the requirements of this chapter, or to abate a hazard related to oil or hazardous materials in the environment, the court may award costs, including reasonable attorney and expert witness fees, to any party other than…

Section 16. (a) A response action contractor with respect to any release or threatened release of oil or hazardous material shall not be strictly liable under this chapter nor under any other state law to any person for injuries, costs, damages, expenses or other liability includ…

Section 17. (a) The commonwealth may enter into an indemnification agreement to indemnify and hold harmless any response action contractor who meets the requirements of this section against any liability for negligence, including legal fees and costs, if any, in an amount not to …

Section 18. Any agency of the commonwealth is authorized to promulgate regulations as it deems necessary for the implementation and administration of sections sixteen and seventeen subject to the approval of the executive office of administration and finance. Failure to promulgat…

Section 19. (a) There is hereby created an office of brownfields revitalization, under the direct supervision and control of the governor. Said office of brownfields revitalization shall, in consultation with the executive office of economic development, executive office of housi…

Section 2. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Activity and use limitation'', a restriction, covenant or notice concerning the use of real property which is imposed upon real property by…

Section 20. A LNG import terminal shall have a minimum distance of 5,000 feet from the center of the LNG tank to the nearest residential home, elderly housing complexes, schools, hospitals, health care facilities, businesses or developments.

Section 21. A LNG tanker shall have a 1,500 foot clearance along the shore, as it travels any Massachusetts waterway, from the hull to the nearest residential home, elderly housing complexes, schools, hospitals, health care facilities, businesses or developments.

Section 22. Notwithstanding any general or special law to the contrary, no municipality or public entity shall be liable under this chapter for, or related to, the presence, release or threat of release of oil or any hazardous material related to a dam, as defined in section 44 o…

Section 3. (a) The department shall take all action appropriate to secure to the commonwealth the benefits of FWPCA, CERCLA and other pertinent federal laws including the Oil Pollution Act. (b) For the purpose of implementing this chapter, FWPCA, CERCLA, and other pertinent feder…

Section 3A. The following timetable and specifications shall apply to the activities of the department in implementing this chapter. (a) By May 1, 1987 the department shall submit to the general court alternative plans including a plan recommended by the department, for the futur…

Section 3B. Notwithstanding any general or special law to the contrary, the department may, by regulation, establish permit application fees payable by all persons filing applications for a permit pursuant to the provisions of this chapter. For the purposes of this chapter, ''per…

Section 4. The department, whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material, is authorized to take or arrange for such response actions as it reasonably deems necessary. Releases a…

Section 4A. (a) Any person other than the department who has undertaken, is undertaking, or intends to undertake a necessary and appropriate response action or who is or reasonably believes that he might be liable pursuant to section five may notify any person he reasonably belie…

Section 5. (a) Except as otherwise provided in this section, (1) the owner or operator of a vessel or a site from or at which there is or has been a release or threat of release of oil or hazardous material; (2) any person who at the time of storage or disposal of any hazardous m…

Section 5A. The department may establish an administrative record upon which the department shall base the selection of a response action in those cases where (i) the department itself, or acting through its agents or contractors, carries out a response action, or (ii) the depart…

Section 5B. No court shall have jurisdiction to review any issue concerning the adequacy of any response action in those cases where the department itself, or acting through its agents or contractors, carries out a response action pursuant to this chapter, unless the proceeding i…

Section 5C. (a) An eligible person shall be exempt from liability to the commonwealth or to any other person for contribution, response action costs or property damage pursuant to this chapter or for property damage under the common law, except for liability arising under a contr…

Section 5D. (a) A person who would otherwise be liable for a release of oil or hazardous material solely pursuant to clause (1) of paragraph (a) of section 5 and who did not cause or contribute to the release, shall not be liable to the commonwealth or to any other person for con…

Section 6. The department may specify reasonable requirements, applicable to sites and vessels where releases of hazardous material or oil might occur and to activities which might cause, contribute to, or exacerbate a release of hazardous material or oil, to prevent and control,…

Section 7. Any owner or operator of a site or vessel, and any person otherwise described in paragraph (a) of section 5, and any fiduciary, city, town, redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation…

Section 8. For the purpose of the administration and enforcement of this chapter and for the protection of public health, safety, or welfare, or the environment, authorized personnel, agents and contractors of the department may enter any site, any vessel, or any location to be i…

Section 9. Whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or hazardous material, the department may issue to any person described in paragraph (a) of section five an order requiring such person to con…