Chapter 21K

Section 1. As used in this chapter the following words shall have the following meanings, unless the context clearly requires otherwise:- ''Act of God'', an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, …

Section 2. There is hereby established within the department a hazardous materials mitigation emergency response advisory board. Said board shall review the development of standards, rules, procedures and regulations for hazardous materials mitigation emergency response and cost …

Section 3. The department, acting through the division, administered by the state fire marshal or his designee, shall prepare and from time to time update a hazardous materials mitigation emergency response plan. The department, in consultation with the board, shall promulgate su…

Section 4. The department may, at the request of the local fire department or on its own authority, dispatch member departments of the hazardous materials mitigation emergency response plan to a site in the commonwealth for the purpose of conducting an emergency mitigation respon…

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

Section 6. No court shall have jurisdiction to review any issue concerning the adequacy of any emergency mitigation response conducted by the department unless the proceeding in court is an action under section 5 to recover costs of an emergency mitigation response action.

Section 7. (a) Any owner, operator or other responsible party reasonably believed to be liable who is aggrieved by any action of the department may petition the department for administrative review of its actions within ten days of receipt of notice as provided in section 5. The …

Section 8. 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 12 per cent per annum from the date such debt becomes due, shall constitute a lien on all property owned by pe…

Section 9. Notwithstanding the provisions of any general or special 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 …