reglab/housing_qa huggingface dataset:
MA Gen L ch 21c § 12 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 12 - Disclosure of Information

Section 12. Notwithstanding the provisions of any law to the contrary, any information, record, or particular part thereof, obtained by the department pursuant to the provisions of this chapter, shall, upon request, be kept confidential and not considered to be public record when it is deemed by the commissioner that such information, record, or report relates to secret processes, methods of manufacture, or production or that such information, record, or report if made public would divulge a trade secret. This section shall not prevent disclosure of any information necessary for an enforcement action or to comply with RCRA.
MA Gen L ch 21c § 15 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 15 - Definitions Applicable to Secs. 15 to 30

Section 15. As used in sections fifteen to thirty, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—  ''Commissioner'', the commissioner of insurance.  ''Plan'', the plan of operation established and approved under section twenty-two.  ''Licensee'', a person or entity holding a license to own or operate a hazardous waste collection, treatment, disposal or storage facility, pursuant to this chapter, or which is a facility having interim status pursuant to RCRA and regulations promulgated pursuant to this chapter.  ''Insolvent licensee'', a licensee which, after December thirty-first, nineteen hundred and eighty-five, becomes insolvent and is placed under a final order of arrangement, bankruptcy, liquidation, conservation or rehabilitation by a court of competent jurisdiction; or is finally adjudicated to be bankrupt or insolvent by a court of competent jurisdiction; or certifies to the insolvency fund in writing, under the pains and penalties of perjury, that it is insolvent and is found to be insolvent by the insolvency fund or the commissioner of insurance.  ''Impaired licensee'', a licensee which, after December thirty-first, nineteen hundred and eighty-five, is not an insolvent licensee and is found by the insolvency fund or by the commissioner to be potentially unable to satisfy a pending potential covered claim; or is the subject of proceedings under the bankruptcy code; or is placed under an order of receivership, conservation or rehabilitation by a court of competent jurisdiction.  ''Covered claim'', an unsatisfied final judgment against an insolvent licensee entered in a civil action commenced on or after January first, nineteen hundred and eighty-six, for bodily injury or property damage to a third party caused by an accidental occurrence arising from operation of a hazardous waste collection, disposal, treatment or storage facility in the commonwealth.  ''Potential covered claim'', a claim for bodily injury or property damage to a third party caused by an accidental occurrence arising from operation of a hazardous waste collection, disposal, treatment or storage facility in the commonwealth; which is the subject of a civil action against a licensee commenced on or after January first, nineteen hundred and eighty-six; and satisfaction of which is likely to require an amount exceeding the total amount of liability insurance available to satisfy the claim and the assets of the defendants available to satisfy the claim.  ''Generator'', a person who produces hazardous waste while engaged in business within the commonwealth.  ''Insolvency fund'', the Massachusetts hazardous waste insolvency fund established under section sixteen.
MA Gen L ch 21c § 18 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 18 - Insolvency Fund; Impaired or Insolvent Licensees; Defense or Payment of Potential Covered Claims; Limits

Section 18. (a) If a licensee is an impaired licensee, the insolvency fund may, in its discretion and subject to any conditions imposed by the insolvency fund, that do not impair the contractual obligations of the impaired licensee and that are approved by the commissioner:  (1) defend, guarantee, assume insure or reinsure, or cause to be defended, guaranteed, assumed, or insured, any or all of the potential covered claims against the impaired licensee; or  (2) provide such monies, pledges, notes, guarantees, or other means as are proper to effectuate clause (1) and assure defense or payment of the potential covered claim against the impaired licensee pending action under said clause (1).  (b) If a member licensee is an insolvent licensee, the insolvency fund may, in its discretion, either (1) defend, guarantee, assume, insure or reinsure, or cause to be defended, guaranteed, assumed or reinsured, the potential covered claims against the insolvent licensee; or (2) assure payment of the potential covered claims against the insolvent licensee; or (3) provide such monies, pledges, notes, guarantees, or other means as are reasonably necessary to discharge such duties.  (c) The insolvency fund shall pay, pursuant to the procedures set forth in section nineteen, and subject to the limits described herein, so much of any covered claim against an insolvent licensee as exceeds the total of (1) the amount of liability insurance available to satisfy the judgment; and (2) the value of the assets of the insolvent licensee reasonably available to satisfy the judgment; and (3) the value of the assets of any other party liable jointly for all or any part of the said judgment to the extent that those assets are reasonably available to satisfy the judgment.  In no event shall the insolvency fund pay any part of an unsatisfied judgment arising out of one sudden accidental occurrence, to the extent that the judgment exceeds three million dollars, inclusive of interest and costs, nor shall the insolvency fund pay any amount for judgments against a single insolvent licensee for sudden accidental occurrences to the extent that the total of all said judgments exceed six million dollars, inclusive of interest and costs.  In no event shall the insolvency fund pay any part of an unsatisfied judgment arising out of one non-sudden accidental occurrence, to the extent that the judgment exceeds five million dollars, inclusive of interest and costs, nor shall the insolvency fund pay any amount for judgments against a single insolvent licensee for non-sudden accidental occurrences to the extent that the total of all said judgments exceed ten million dollars, inclusive of interest and costs.
MA Gen L ch 21c § 20 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 20 - Subrogation and Contribution Rights of Insolvency Fund

Section 20. (1) Any person receiving payment of a covered claim or potential covered claim under this chapter shall be deemed to have assigned the rights to, and any causes of action relating to the covered claim or potential covered claim to the insolvency fund to the extent of the benefits received under this chapter. The insolvency fund may require an assignment to it of such rights and cause of action by any payee as a condition precedent to the receipt of any right or benefits conferred upon such person. The insolvency fund shall be subrogated to the rights and cause of action of any such payee against the assets of the insolvent licensee.  (2) The subrogation and contribution rights of the insolvency fund under this subsection shall have the same priority against the assets of the impaired or insolvent licensee as that possessed by the person entitled to receive said benefits.  (3) In addition to paragraphs (1) and (2), the insolvency fund shall have all common law and statutory rights of subrogation, contribution and any other equitable or legal remedy which would have been available to the impaired or insolvent licensee or claimant with respect to such claim.
MA Gen L ch 21c § 21 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 21 - Powers of Insolvency Fund

Section 21. (1) The insolvency fund, subject to the supervisory authority of the commissioner and as provided in the plan of operation, may:  (a) enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter;  (b) sue or be sued, including taking any legal actions necessary or proper for recovery of any unpaid assessments;  (c) borrow money to effect the purposes of sections fifteen to thirty, inclusive;  (d) employ or retain such persons as are necessary to handle the financial transactions of the insolvency fund and to perform such other functions as become necessary or proper;  (e) take such legal action as may be necessary to avoid payment of improper claims.  (2) The insolvency fund may join an organization of one or more other state funds or associations of similar purposes, to further the purposes and administer the powers and duties of the insolvency fund.
MA Gen L ch 21c § 23 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 23 - Plan of Operation of Insolvency Fund

Section 23. (1) The insolvency fund shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the insolvency fund. The plan of operation and any amendments thereto shall become effective upon approval by the commissioner.  (2) If the insolvency fund fails to submit a plan of operation acceptable to the commissioner within one hundred and eighty days after the organization of the board of directors, or if at any time thereafter the insolvency fund fails to submit acceptable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules necessary to effectuate the provisions of sections fifteen to thirty, inclusive. Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the insolvency fund and approved by the commissioner.  (a) All generators shall comply with the plan of operation.  (b) The plan of operation shall, in addition to requirements enumerated elsewhere:  (1) establish procedures for handling the assets of the insolvency fund,  (2) establish the amount, if any, and method of reimbursing members of the board of directors under section seventeen,  (3) establish regular places and times for meetings of the board of directors,  (4) establish procedures for records to be kept of all financial transactions of the insolvency fund, its agents, and the board of directors,  (5) establish any additional procedures for assessments under section twenty-one,  (6) contain additional provisions necessary or proper for the execution of the powers and duties of the insolvency fund.
MA Gen L ch 21c § 24 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 24 - Appeals; Judicial Review

Section 24. Any action of the board of directors or the insolvency fund may be appealed to the commissioner by any generator or any person adversely affected thereby, if such appeal is taken within thirty days of the action being appealed. If a generator is appealing an assessment, the amount assessed shall be paid to the insolvency fund and available to meet insolvency fund obligations during the pendency of an appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the generator. Any final action or order of the commissioner shall be subject to judicial review, pursuant to chapter thirty A.
MA Gen L ch 21c § 25 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 25 - Detection and Prevention of Licensee Insolvencies or Impairments

Section 25. To aid in the detection and prevention of licensee insolvencies or impairments:  (1) The commissioner may seek the advice and recommendations of the board of directors concerning any matter affecting his duties and responsibilities regarding the financial condition of licensees.  (2) The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any licensee. Such reports and recommendations shall not be subject to public examination or copying under chapter sixty-six.  (3) It shall be the duty of the board of directors, upon majority vote, to notify the commissioner of any information indicating any licensee may be an impaired or insolvent licensee.  (4) The board of directors may, upon majority vote, request that the commissioner order an examination of any licensee which the board in good faith believes may be an impaired or insolvent licensee. Within thirty days of the receipt of such request, the commissioner shall begin such examination. The examination may be conducted by such persons as the commissioner designates. The licensee shall provide complete access to all its books and records to the commissioner or his designee for purposes of said examination. The cost of such examination shall be paid by the insolvency fund. In no event shall the examination report be released to the public or to the board of directors without the consent of the licensee. The commissioner shall notify the board of directors when the examination is completed. The request for an examination and any examination report shall be kept on file by the commissioner, but it and the examination report shall not be open to public inspection without the consent of the licensee.  (5) The board of directors may, upon majority vote, make recommendations to the commissioner for the detection and prevention of licensee insolvencies.  (6) The board of directors shall, promptly after payment of any covered claims by the association, prepare a report to the commissioner containing such information as it may have in its possession bearing on the history and causes of the licensee's insolvency.
MA Gen L ch 21c § 26 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 26 - Records of Negotiations and Meetings; Insolvency Fund as Creditor

Section 26. (1) Records shall be kept of all negotiations and meetings in which the insolvency fund or its representatives are involved to discuss the activities of the insolvency fund in carrying out its powers and duties. Records of such negotiations or meetings shall be made public only upon the termination of a bankruptcy, liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent licensee, upon the termination of the impairment or insolvency of the licensee, or upon the order of a court of competent jurisdiction. Nothing in this section shall limit the duty of the insolvency fund to render a report of its activities under section twenty-seven.  (2) For the purposes of this chapter, the insolvency fund shall be deemed to be a creditor of the impaired or insolvent licensee to the extent of any amounts to which the association is entitled as subrogee. Assets of the impaired or insolvent licensee, wherever located, shall be used to pay all covered claims against the impaired or insolvent licensee as required.
MA Gen L ch 21c § 27 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 27 - Examination and Regulation of Insolvency Fund; Reports

Section 27. The insolvency fund shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than one hundred and twenty days after the end of the insolvency fund's fiscal year, a report of its activities during the preceding fiscal year, and for any year in which it expended, received or held any funds, in which it incurred any financial obligations or in or before which it received a notice of any potential covered claim, a financial report in a form approved by the commissioner.
MA Gen L ch 21c § 28 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 28 - Tax Exemptions

Section 28. The insolvency fund shall be exempt from payment of all taxes levied by the commonwealth or any of its subdivisions, except taxes levied on real property.
MA Gen L ch 21c § 29 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 29 - Assessment of Licensees

Section 29. Until such time as the insolvency fund ceases to exist, the commissioner of the department of environmental protection is hereby authorized to make an annual assessment against each licensee in an amount determined and certified by said commissioner as necessary to cover the costs incurred by the department and the division of insurance in carrying out their responsibilities relative to the administration of the insolvency fund pursuant to sections fifteen to thirty, inclusive. Said estimated assessment shall be allocated among all such licensees in a proportion deemed by the commissioner of said department to represent each licensee's pro rata share of the total amount of hazardous waste collection, treatment, disposal and storage within the commonwealth. Said assessment shall be paid to said commissioner of said department within thirty days of the date of the notice from said commissioner of such assessment. Failure without just cause to pay such assessment shall constitute a violation of this chapter. Prior to any such assessment the commissioner of insurance shall determine and certify to the commissioner of the department of environmental protection the costs incurred by the division of insurance in carrying out its responsibilities relative to the administration of the insolvency fund.
MA Gen L ch 21c § 30 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21c - Massachusetts Hazardous Waste Management Act|Section 30 - Insufficient Funds; Liability of Commonwealth

Section 30. In the event that the monies in the insolvency fund are insufficient to provide for the purposes set forth in section eighteen, no claimant or any other person shall have any right to require the payment of funds or to compel any other action with respect to such occurrence by the commonwealth or by any agency thereof. Neither the commonwealth nor any agency thereof shall be liable for civil damages arising from any action taken in accordance with the provisions of sections fifteen to thirty, inclusive.
MA Gen L ch 21d § 1 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21d - Massachusetts Hazardous Waste Facility Siting Act|Section 1 - Short Title

Section 1. This chapter shall be known and may be cited as the ''Massachusetts Hazardous Waste Facility Siting Act''.
MA Gen L ch 21d § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21d - Massachusetts Hazardous Waste Facility Siting Act|Section 6 - Information or Records Confidential

Section 6. Notwithstanding the provisions of any law to the contrary, any information, record, or particular part thereof, obtained by the department pursuant to the provisions of this chapter, shall, upon request, be kept confidential and not be considered to be a public record when it is deemed by the commissioner that such information, record or report relates to secret processes, methods of manufacture or production, or that such information, record or report, if made public, would divulge a trade secret. Nothing in this section shall be construed to limit or to deny the power of the department to use such information, record or report as part of aggregated statistics and computations in its statewide environmental impact report including, but not limited to, the capacity shortfall of hazardous waste facilities.
MA Gen L ch 21d § 8 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21d - Massachusetts Hazardous Waste Facility Siting Act|Section 8 - Briefing Sessions

Section 8. The department shall conduct briefing sessions for the purposes of insuring the participation of interested persons in the hazardous waste facility siting process pursuant to this chapter and of informing the public about every proposal which the hazardous waste facility siting council has determined to be feasible and deserving of state assistance. The department shall establish whatever schedule of briefing sessions it deems appropriate to achieve these purposes, holding said sessions in such a manner, place, and at such times as in its sole discretion are best calculated to achieve these purposes. The department shall conduct its first briefing session on a proposal within thirty days after it has completed its dissemination of the determination of the council that the proposed project is feasible and deserving of state support pursuant to section seven of this chapter. The department shall give a reasonable opportunity to persons attending the hearing to discuss, comment upon, or criticize all or any part of the proposal and may ask questions of the developer, the department, or any other agencies represented at said briefing session.