Massachusetts Statutes

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 …

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…

Section 1. The purposes of this chapter are: (a) to ensure that adequate and well-maintained public facilities exist to support the commonwealth's fishing, marine, tourist, and recreational industry in the coastal zone; (b) to provide flexible and affordable financial programs fo…

Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Harbor facility'', any existing or proposed public dredged channel, spoil disposal area, bulkheads, ripraps, piers, wharves, fill, docks, …

Section 3. The executive office of environmental affairs shall define the terms ''coastal city or town'' and shall designate such cities and towns as so qualifying for the purpose of determining eligibility for project assistance.

Section 4. Any coastal city or town, acting by and through its mayor in the case of a city, the town manager in a town having a town council form of government and the board of selectmen in any other town, may apply to the secretary of environmental affairs for assistance to unde…

Section 5. To qualify for assistance under this chapter, a city or town shall comply with the following conditions: (a) the improvement will be public for the duration of any debt obligation incurred by the commonwealth relative to such assistance pursuant to regulations to be ad…

Section 6. In making applications for assistance under this chapter, the city or town shall follow the rules and procedures developed by the secretary of environmental affairs to implement this chapter which shall include, but not be limited to the following findings: (a) the pro…

Section 7. In addition to the conditions and requirements set forth in this chapter, the executive office of environmental affairs shall promulgate such rules and regulations as are deemed necessary to effectuate the purpose of this chapter.

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

Section 10. The department shall, by regulation, establish a procedure to be followed in obtaining recommendations from local officials or bodies, regional planning agencies, or others including any comments received by the water resources management official pursuant to section …

Section 11. In accordance with rules adopted under section seven, the department may issue permits for any new withdrawal of water if it determines that the withdrawal will conform to the regulatory standards established. The department may attach to any permit whatever condition…

Section 12. Any person aggrieved by a decision of the department with respect to a permit application or an addition to an existing withdrawal may request an adjudicatory hearing before the department under the provisions of chapter thirty A. Any such decision shall contain a not…

Section 13. For the purpose of determining compliance with this chapter or any regulations adopted thereunder, the duly authorized agents and employees of the department may at all reasonable times enter and examine any property, facility, operation or activity involving the with…

Section 14. The department may issue such orders as are reasonably necessary to aid in the enforcement of the provisions of this chapter. The orders shall include, but shall not be limited to, orders modifying, suspending or revoking permits, well driller certifications under sec…

Section 15. Any city or town or any water company, public agency or authority of the commonwealth or its political subdivisions which is the operator of a public water system may petition the department for a declaration of a state of water emergency pursuant to this section. The…

Section 16. During a state of water emergency, declared under section fifteen, if the department has approved a plan designed to bring about an expeditious end to the emergency, a water company, public agency or authority of the commonwealth or its political subdivisions which is…