Massachusetts Statutes

Section 20. No person shall engage in the business of digging or drilling wells within the commonwealth unless he has filed a certification with the department. Each person intending to engage in said business shall certify annually with said department and upon payment of a fee …

Section 3. The department and commission shall cooperate in the planning, establishment and management of programs to assess the uses of water in the commonwealth and to plan for future water needs. The commission shall adopt principles, policies and guidelines necessary for the …

Section 4. The withdrawal volume threshold to be applied pursuant to sections five and seven shall be one hundred thousand gallons per day. The department may, by regulation, raise or lower the threshold volume established in this section upon a finding that such different thresh…

Section 5. Each person making an existing withdrawal in excess of the threshold volume shall file a registration statement in accordance with the regulations adopted by the department, on or before January first, nineteen hundred and eighty-eight; provided, however, that, if the …

Section 6. The regulations issued by the department shall specify the form and required contents of a registration statement and the terms under which an existing withdrawal may be continued by a person other than the original registrant. At a minimum, such regulations shall spec…

Section 7. The department shall, by regulation, specify, for each water source from which withdrawals are to be permitted, a date upon which its regulations establishing criteria, standards and procedures for issuing permits shall become effective. No person may, after the effect…

Section 8. The regulations adopted by the department shall specify the form and required contents of a permit application. At a minimum, such regulations shall specify that the application must contain:— (1) The need for the proposed withdrawal; (2) The reasons for the withdrawal…

Section 9. All applications for permits shall be submitted to the department in conformance with the rules and on the forms adopted under sections seven and eight for the processing of permit applications. A copy of the application shall be filed in the office of the water resour…

Section 1. (a) It is hereby determined that: (1) There is a critical need to eliminate, mitigate and prevent the nuisances and adverse public health effects associated with the collection, processing and disposal of solid waste from whatever source derived, including municipal, i…

Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Assessment'', a project to investigate, monitor, survey, test and gather information to identify the existence, source, nature and extent o…

Section 3. (a) The department may provide financial assistance to public bodies for up to one hundred per cent of the costs of the clean up of existing and potential, as determined by the department, drinking water supplies that have been contaminated by leachate from landfills o…

Section 4. The department is hereby authorized and directed to establish a program for (i) the discovery and assessment of pollution, or threats of pollution, caused by existing or closed solid waste facilities, (ii) the containment and clean up of such pollution, and (iii) the c…

Section 6. All resource recovery facilities and other solid waste incinerators shall operate with acid gas scrubbers, or such other technology providing equal or greater protection to the public health and environment, as determined by the department in manner and time.

Section 6A. The department shall participate in the implementation of IMERC standards established at the Northeast Waste Management Officials Association to assist in carrying out the requirements of sections 6A to 6M, inclusive, and to help coordinate reviews of the manufacturer…

Section 6B. (a) No mercury-added product shall be offered for final sale or use or distributed in the commonwealth without notification in writing by the manufacturer of the product to the department through IMERC within 30 days of the product's release in accordance with this se…

Section 6C. (a) No person shall sell or offer to sell or distribute a motor vehicle manufactured on or after January 1, 2007, containing 1 or more mercury-added vehicle switches. (b) No person shall sell or offer to sell or distribute a mercury-added vehicle switch for new instal…

Section 6D. (a) No person shall sell or offer to sell or distribute a mercury-added thermostat in the commonwealth. (b) No person shall sell or offer to sell or distribute in the commonwealth the following mercury-added products: (1) barometers; (2) esophageal dilators, bourgie t…

Section 6E. (a) No person shall sell or offer to sell or distribute a mercury switch or mercury relay, individually or as a product component. This prohibition shall not apply if the mercury switch or mercury relay is a component in a larger product in use before May 1, 2009, the…

Section 6F. (a) The department, at its discretion and in consultation with the executive office of economic development and the department of public health, may allow for exemptions to the prohibitions in sections 6D and 6E. (b) Applications for exemptions shall demonstrate that:…

Section 6G. No school in the commonwealth shall purchase for use in a primary or secondary classroom elemental mercury, mercury compounds or mercury-added instructional equipment and materials, except measuring devices and thermometers for which no adequate nonmercury substitute …

Section 6H. Every manufacturer of a mercury-added formulated product shall, upon a written request from a health care facility, disclose in writing the mercury content of any product used in its facility that contains more than 1 part per billion of mercury. The manufacturer shal…

Section 6I. (a) No person, household, business, school, healthcare facility or state or municipal government shall knowingly dispose of a mercury-added product in any manner other than by recycling, disposing as hazardous waste or using a method approved by the department. (b) Th…

Section 6J. (a) No person shall sell or offer to sell or distribute a mercury-added product in the commonwealth unless the manufacturer has created and filed with the department a convenient and accessible collection plan for mercury-added products at the end-of-life, including a…

Section 6K. (a) No person shall sell a mercury-added product unless the product is labeled by the manufacturer pursuant to this section. The label, constructed of materials that are sufficiently durable to remain legible for the useful life of the product, shall clearly inform th…

Section 6L. A solid waste collector shall refuse to collect the contents of a solid waste container that the collector knows or reasonable should know contains 1 or more mercury-added products unless such solid waste is collected for the purpose of being reused, recycled or prope…

Section 6M. The state procurement officer, the state university system and state agencies shall give preference to the purchase of equipment, supplies and other products that do not contain mercury unless there is no economically feasible non-mercury alternative that performs a s…

Section 6N. The department shall adopt rules and regulations as may be necessary for the implementation of this chapter.

Section 7. The department, in consultation with the department of food and agriculture, shall establish a program to provide for recycling through composting of leaves and other organic matter. (a) The department shall be authorized to implement regional yard waste and leaf compo…

Section 8. Any person who violates any provision of this chapter, or any rule or regulation, order, permit, or approval issued or adopted under the provisions of this chapter: (a) shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for no…

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…