Chapter 21I

Section 1. This chapter shall be known and may be cited as the ''Massachusetts Toxics Use Reduction Act.''

Section 10. Each large quantity toxics user shall provide to the department for each facility an annual report for each toxic or hazardous substance manufactured, processed, or otherwise used at that facility in amounts equal to or exceeding the applicable threshold amounts. Repo…

Section 11. (A)(1) Large quantity toxics users shall by July 1, 1994 or by July 1 of the first subsequent even-numbered year in which a report pursuant to section 10 is required, prepare and complete a toxics use reduction plan for each facility for which they are required to fil…

Section 12. (A) In order to be a certified toxics use reduction planner, an individual must either (1) have satisfactorily completed a toxics use reduction planning program, developed pursuant to section six (E) of this chapter, and passed a uniform certification examination whic…

Section 13. (A) The goal of the commonwealth is to achieve by 1997, through toxics use reduction, a fifty percent (50%) reduction from 1987 quantities of toxic or hazardous byproducts generated by industry in the commonwealth of Massachusetts. (B) The department shall compile ann…

Section 14. (A) Within 4 years from the designation of a higher hazard substance, the council may designate by regulation user segments, which it considers to be priorities for achieving toxics use reduction. The designations shall be based on recommendations from the office, in …

Section 15. (A) The department may request authority from the council to establish, by regulation, a performance standard for a priority user segment on a segment-wide basis. Such authority shall only be granted if: (1) A majority of toxics users in the user segment fall signific…

Section 16. Except where otherwise specifically provided, whenever it appears to the department that there has been a violation of this chapter, or any regulation or approval issued or adopted hereunder, the department may refer the toxics user to the office for technical assista…

Section 17. A toxics user may petition the department for the temporary waiver of any law which the department administers or any regulation adopted by the department if the toxics user proposes to comply with such law or regulation through implementation of a toxics use reductio…

Section 18. Massachusetts residents may participate in monitoring and enforcement procedures as follows: (A) The department shall make available for resident review reports which are required under section ten and plan summaries which are required under section eleven; provided, …

Section 19. (A) No later than April 1, 1990 the department shall prepare and distribute to all employers in the commonwealth in SIC codes Ten through Fourteen inclusive, Twenty through Forty inclusive, Forty-four through Fifty-one inclusive, Seventy-two, Seventy-three, Seventy-fi…

Section 2. In this chapter, the following words shall have the following meanings: ''Agency,'' state agency. ''Board'', the science advisory board of the Toxics Use Reduction Institute at the University of Massachusetts Lowell. ''Byproduct'' non-product outputs of toxic or hazard…

Section 20. (A) If a toxics user, required to submit to the department a report, plan summary or other document, believes that disclosing information in that document required by this chapter will reveal a trade secret, he may file with the department a trade secret claim as here…

Section 21. (A) Any person who violates any provision of this chapter, or any regulation or approval issued or adopted hereunder, shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day of such violation, which may be assessed in an action brought o…

Section 22. The attorney general may, upon request of the department, bring action for injunctive relief against any person violating a provision of this chapter or any regulation or approval issued or adopted hereunder, and the superior court in equity shall have jurisdiction to…

Section 23. No employer or duly authorized agent of an employer shall discharge, refuse to hire or in any other manner discriminate against an employee because the employee has exercised a right afforded by this chapter. Any employee of a toxics user claiming to be aggrieved by a…

Section 3. In addition to any other requirements or authorities of this chapter, the department's duties shall include the following: (A) The department shall identify all department requirements for reporting on chemical use, release and disposal, and to the maximum extent possi…

Section 4. There shall be an administrative council on toxics use reduction. The council shall be composed of the secretary of environmental affairs or his designee; the commissioner of environmental protection or his designee; the secretary of economic development or his designe…

Section 6. There shall be a Toxics Use Reduction Institute at the University of Massachusetts Lowell. The institute shall seek to reduce the use of toxic substances and the generation of toxic by-products in Massachusetts by promoting comprehensive environmental management practi…

Section 7. There shall be the office of technical assistance and technology within the executive office of environmental affairs. The office shall have a director and appropriate staff to carry out its responsibilities and programs. These responsibilities and programs shall inclu…

Section 8. In order to facilitate coordination of the implementation of this chapter with existing state and federal programs pertaining to toxics production and use, hazardous waste, industrial hygiene, worker safety, public exposure to toxics, or release of toxics into the envi…

Section 9. The toxic or hazardous substance list shall consist of:— (A) As of January 1, 1990, and thereafter, the chemicals identified on the Toxic Chemical List established pursuant to Section 313 of EPCRA. Each year the council shall adjust the toxic or hazardous substance lis…

Section 9A. Threshold amounts for toxic or hazardous substances for purposes of this chapter shall be initially established as the following: (A) For toxics users that manufacture or process a toxic or hazardous substance, as the terms ''manufacture'' or ''process'' are defined h…