Mass. Gen. Laws ch. 21D, sec. 3 — MA Code / Part I / Title II / Chapter 21D / Section 3
Powers and duties
Status: in_force

Section 3. The department of environmental protection shall have the following powers and duties: (1) to prepare and issue annually a statewide environmental impact report, after first providing the council an adequate opportunity to review and comment on the contents of said report prior to its final adoption by the department. Said statewide environmental impact report shall describe and evaluate the hazardous waste management situation existing in the commonwealth, together with such feasible alternative solutions as may be available for the treatment, processing and disposal of hazardous waste, which report shall include, but not be limited to information concerning: (a) the existing sources of hazardous waste; (b) the types of technologies available for the treatment, processing and disposal of hazardous waste; (c) the impacts, both favorable and adverse, resulting from the use of each type of technology; (d) actions which might be taken to avoid dangers, minimize risks, or remedy unavoidable consequences; (e) the kinds of benefits and protective mechanisms which may be made available to host and abutting communities; and (f) the existing rules, regulations, procedures and standards which have been established to protect the public health, the public safety, and the environment; and (g) the sources and types of hazardous waste generated in the commonwealth, the adequacy of existing facilities for the treatment processing and disposal of said hazardous waste, and the additional facility capacity needed in order to eliminate the shortfall in capacity if any, that may exist; (2) to give due notice to the public, and to conduct briefing sessions pursuant to the provisions of section eight of this chapter; (3) to solicit proposals for the construction, maintenance and operation of a hazardous waste facility designed to treat, process, or dispose of such hazardous waste shortfalls in capacity as have been indicated in the statewide environmental impact report, to consider if said proposals are environmentally safe and technologically sound, and to report the results of its activities to the council semi-annually; (4) to disseminate information widely throughout the commonwealth, in cooperation with other state departments, boards, agencies and commissions, on the treatment, processing and disposal of hazardous waste, its impact on the economy of the commonwealth, the types of technology available, and the social and economic benefits and potential dangers resulting from the use of each type of technology; (5) to publicize throughout the commonwealth all proposals for the construction, maintenance and operation of hazardous waste facilities in order to inform the public and to encourage the development of suggestions for sites; and (6) to accept any gifts or grants of money or property, whether real or personal, from any source, private or public, including, but not limited to, the United States of America or its agencies, in order to promote the purposes of this chapter. In preparing the statewide environmental impact report required by this section, the department may revise and update said report to comply with the provisions of this section. The department shall adopt such rules, regulations, procedures and standards as may be necessary to carry out its powers and to perform its duties pursuant to chapter thirty A of the General Laws. Said rules, regulations, procedures and standards shall be developed by the department after appropriate consultation and review by interested and affected persons and agencies as determined by the department including, but not limited to, the hazardous waste facility site safety council, the department of public health, and city and town officials, including city and town public health officers.

Section 3. The department of environmental protection shall have the following powers and duties:

(1) to prepare and issue annually a statewide environmental impact report, after first providing the council an adequate opportunity to review and comment on the contents of said report prior to its final adoption by the department. Said statewide environmental impact report shall describe and evaluate the hazardous waste management situation existing in the commonwealth, together with such feasible alternative solutions as may be available for the treatment, processing and disposal of hazardous waste, which report shall include, but not be limited to information concerning:

(a) the existing sources of hazardous waste;

(b) the types of technologies available for the treatment, processing and disposal of hazardous waste;

(c) the impacts, both favorable and adverse, resulting from the use of each type of technology;

(d) actions which might be taken to avoid dangers, minimize risks, or remedy unavoidable consequences;

(e) the kinds of benefits and protective mechanisms which may be made available to host and abutting communities; and

(f) the existing rules, regulations, procedures and standards which have been established to protect the public health, the public safety, and the environment; and

(g) the sources and types of hazardous waste generated in the commonwealth, the adequacy of existing facilities for the treatment processing and disposal of said hazardous waste, and the additional facility capacity needed in order to eliminate the shortfall in capacity if any, that may exist;

(2) to give due notice to the public, and to conduct briefing sessions pursuant to the provisions of section eight of this chapter;

(3) to solicit proposals for the construction, maintenance and operation of a hazardous waste facility designed to treat, process, or dispose of such hazardous waste shortfalls in capacity as have been indicated in the statewide environmental impact report, to consider if said proposals are environmentally safe and technologically sound, and to report the results of its activities to the council semi-annually;

(4) to disseminate information widely throughout the commonwealth, in cooperation with other state departments, boards, agencies and commissions, on the treatment, processing and disposal of hazardous waste, its impact on the economy of the commonwealth, the types of technology available, and the social and economic benefits and potential dangers resulting from the use of each type of technology;

(5) to publicize throughout the commonwealth all proposals for the construction, maintenance and operation of hazardous waste facilities in order to inform the public and to encourage the development of suggestions for sites; and

(6) to accept any gifts or grants of money or property, whether real or personal, from any source, private or public, including, but not limited to, the United States of America or its agencies, in order to promote the purposes of this chapter.

In preparing the statewide environmental impact report required by this section, the department may revise and update said report to comply with the provisions of this section.

The department shall adopt such rules, regulations, procedures and standards as may be necessary to carry out its powers and to perform its duties pursuant to chapter thirty A of the General Laws. Said rules, regulations, procedures and standards shall be developed by the department after appropriate consultation and review by interested and affected persons and agencies as determined by the department including, but not limited to, the hazardous waste facility site safety council, the department of public health, and city and town officials, including city and town public health officers.