Massachusetts Statutes

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…

Section 1. As used in this chapter, the following words shall have the following meanings:— ''Board'', the underground storage tank petroleum product cleanup fund administrative review board. ''Bulk facility'', a facility including pipeline terminals, refinery terminals, rails an…

Section 10. If an owner or operator received a reimbursement pursuant to this chapter for a cost, expense, or obligation incurred in remediating a release or a threat of a release of a petroleum product caused by the negligent action of some other person, the board, acting on beh…

Section 11. Claims submitted to the board pursuant to this chapter, and procedures for acting on such claims, shall not be adjudicatory proceedings and shall not be subject to those provisions of chapter thirty A, or any other law, governing adjudicatory proceedings. Any owner or…

Section 12. Any owner or operator who possesses a fee collected or payable under this chapter and who fails to remit the fee to the department at the time and in the manner required by this chapter and the rules and regulations of the department shall be required to pay the appli…

Section 13. Any owner or operator who violates any provision of this chapter, or any rule or regulation promulgated hereunder (1) shall be subject to a fine not to exceed twenty-five thousand dollars, or by imprisonment for not more than two years, or both, for each such violatio…

Section 14. The penalties, and interest remitted to the treasurer by the department under this chapter shall be deposited in the General Fund.

Section 2. (A) A fee is hereby imposed on the use of a dispensing facility at the site of delivery of petroleum product. The fee imposed under this paragraph shall be adjusted at the beginning of each calendar year, by the percentage, if any, by which the consumer price index, as…

Section 3. No owner or operator who has a responsibility pursuant to any law with respect to environmental cleanup actions, awarding third party damages or preventing the need for environmental cleanup actions shall avoid or delay such responsibility, or be excused from such resp…

Section 4. The purpose of the fund shall be to prevent the need for environmental cleanup actions and to expedite environmental cleanup actions by providing partial reimbursements to owners or operators of underground storage tanks or underground storage tank systems or who are d…

Section 5. Reimbursements described in subsection (a) of section four shall be subject to the cap specified in subsection (a) of this section and the deductibles specified in subsection (b) of this section: (a) for each tank eligible for reimbursement pursuant to this chapter, re…

Section 6. No owner or operator shall receive reimbursement pursuant to this chapter unless a claim for such reimbursement has been submitted in writing to, and approved in writing by, the board. The commissioner of revenue shall make payments from the fund for any claim approved…

Section 7. The cargo manifests or invoices or copies of the cargo manifests or invoices and any other records required under this chapter or regulations of the department shall be maintained for a period of four years after the date on which the document or other record is prepar…

Section 8. There is hereby established the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board. The board shall adopt rules and regulations for the administration, collection, reporting, and payment of the fees payable or collected pursuant to this chapter…

Section 9. In order to be eligible for reimbursement from the fund an owner or operator described in section four must comply with the following:— (a) An owner or operator must have completed, as the case may be, all underground storage tank or underground storage tank system reg…

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 …

Section 1. As used in the chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Buzzards bay'', the waterway bounded and described as follows: from Sakonnet point southward to the north end of the Buzzards bay traffic s…

Section 2. (a) A person who knowingly or recklessly commits an environmental violation and thereby causes serious bodily injury to another human being:— (1) shall be punished by a fine of not more than $100,000 or by imprisonment in the state prison for not more than 20 years or …

Section 3. (a) The court: (1) shall, when sentencing an organization for an offense under clause (2) of subsection (a) of section 2 or for a second or subsequent offense under clause (2) of subsection (b) of said section 2; and (2) may, when sentencing an organization for a first…

Section 4. (a) A person who knowingly or recklessly commits an environmental violation and thereby causes serious bodily injury to another human being: (1) shall be subject to a civil penalty of not more than $100,000 for each violation in the case of an individual; and (2) in th…

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''AIS'', automatic identification system. ''ARPA'', automatic radar plotting aid. ''Area of special interest'', any water of the commonwealt…

Section 2. (a)(1) The commissioner shall negotiate an agreement with the United States Coast Guard, United States Army Corps of Engineers and the Massachusetts pilot commissioner for any relevant district or districts, appropriate port agencies, or appropriate organizations by Ja…

Section 3. Personnel employed by tank vessels operating within the waters of the commonwealth shall be subject to this section. An owner or operator of a tank vessel shall have policies, procedures and practices for alcohol and drug testing that comply with 33 CFR Part 95 and 46 …

Section 4. (a) A tank vessel operating within the waters of the commonwealth shall be subject to this section. The navigation watch on all tow vessels transiting Buzzards bay and carrying 6,000 or more barrels of oil shall consist of at least 1 licensed deck officer or tow vessel…

Section 5. When operating in the waters of the commonwealth, a tank vessel shall travel only within a recommended vessel route designated by the United States Coast Guard, unless no such recommended vessel route has been designated or unless special circumstances make travel outs…

Section 6. (a) Effective January 1, 2005, no tank vessel carrying 6,000 or more barrels of oil shall enter or transit any area of special interest within the waters of the commonwealth unless the tank vessel is accompanied by a tugboat escort. (b) This section shall not apply to …

Section 7. A vessel that is not in compliance with the time schedules and requirements relating to double hulls set forth in the federal Oil Pollution Prevention, Response, Liability and Compensation Act of 1990 shall be prohibited from docking, loading or unloading at any marine…

Section 8. (a) There shall be an Oil Spill Prevention and Response Trust Fund to provide emergency loans and to support the development, training and equipping of safety committees, response teams, rescue tugs dispatched under section 9 and other discreet units whose activities w…

Section 9. (a) An owner or operator of a tank vessel carrying 6,000 or more barrels of oil may provide 24–hour notice to the department, in a manner to be determined by the department, of the owner or operator's intent to enter or operate such vessel in Buzzard's bay. (b) If noti…

Section 1. As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:— ''Adaptation'', adjustments in natural or human systems in response to actual or expected climatic stimuli and associated impacts, including bu…

Section 10. (a) The secretary and the secretary of public safety and security shall coordinate efforts across the commonwealth to strengthen the resiliency of communities, prepare for the impacts of climate change and prepare for and mitigate damage from extreme weather events. T…

Section 11. (a) The secretary shall develop and support a municipal vulnerability preparedness grant program. The program shall consist of: (i) financial assistance to municipalities to complete a community-led resilience building process and vulnerability assessment that enables…

Section 12. (a) Upon issuance by the department of a notice of non-compliance, any alternative compliance payment, as defined in 310 CMR 7.75, owed by a retail electric supplier pursuant to sections 2, 6 and 7, including any interest, additional amount, addition to debt or assess…

Section 2. (a) The department shall establish programs to monitor and reduce emissions of greenhouse gases and shall promulgate regulations regarding sources or categories of sources that emit greenhouse gases in order to achieve the greenhouse gas emissions limits and sublimits …

Section 3. (a) The department shall, pursuant to chapter 30A, determine the statewide greenhouse gas emissions level in calendar year 1990 and reasonably project what the emissions level will be in calendar year 2020 if no measures are imposed to lower emissions other than those …

Section 3A. (a) The secretary shall, in consultation with the secretary of economic development, the secretary of housing and livable communities, and the secretary of transportation, adopt sector-based statewide greenhouse gas emissions sublimits as components of each statewide …