reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 19h - Adjudicatory Hearings; Judicial Review

Section 19H. Any person aggrieved by a determination by the board and who has legal standing to do so, may request an adjudicatory hearing before the board if the determination is made in an adjudicatory proceeding as that term is defined and used in chapter thirty A. Any such determination shall contain a notice of the right to request a hearing and may specify a reasonable time limit, not to exceed twenty-one days, within which said person shall request such hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the board shall, within a reasonable time, act upon such request. All adjudicatory proceedings before the board shall be conducted in accordance with all provisions of chapter thirty A governing the conduct of adjudicatory proceedings.
If in making a determination subject to this section, the board finds that an imminent threat to public health or safety or to the environment could result during the pendency of an adjudicatory proceeding, the board may order that the determination become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of the adjudicatory proceeding, unless the board orders otherwise during the course of the adjudicatory proceeding.
Any person aggrieved by a final decision of the board in an adjudicatory proceeding held pursuant to this section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 19i - Jurisdiction of Superior Court

Section 19I. The superior court department of the trial court shall have jurisdiction to enjoin violations of, or to grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of sections nineteen to nineteen J, inclusive, or of any regulation, license, or order issued or adopted thereunder, upon the petition of the board, the department, or the attorney general.
Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 19j - Violations; Penalties

Section 19J. Any person who violates section nineteen D, or who knowingly makes any materially false or inaccurate statement in any application, record, report, plan, design, or statement which said person submits to the board or the department, or who knowingly makes any materially false, or inaccurate statement in any record, report, plan, file, log, or register which that person keeps or is required to keep pursuant to any law, regulation, or order for the protection of the environment, or who knowingly and materially falsifies, tampers with, alters, destroys, or disturbs any mechanism, recovery, or control system, or any monitoring device or method which any person maintains or which is required to be maintained pursuant to any law, regulation, or order for the protection of the environment, or who violates any provision of sections nineteen through nineteen J in a manner that constitutes knowing endangerment of public health or safety or the environment, or who knowingly allows or suffers any of his employees, agents, or contractors to do any of the foregoing, shall be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction for not more than one year, or both. Each day each such violation occurs or continues shall be considered a separate offense, provided that in no event shall a fine exceed, in the aggregate, ten thousand dollars, and that a term of imprisonment shall not exceed, in the aggregate, two years.
Any monetary claims against an employee of the commonwealth based on non-compliance with sections nineteen through nineteen J, inclusive, including any claim based on a failure to use due care in the execution of his duties as a licensed waste site cleanup professional, shall be limited to actions brought under the provisions of chapter two hundred and fifty-eight.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 21 - Competitive Procurement of Electric Generation

Section 21. The secretary, in conjunction with the secretary of administration and finance, shall design and implement a bidding process for the competitive procurement of electric generation on behalf of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth procuring electricity from a local distribution company via basic service under section 1B of chapter 164. Any such competitive bid received shall include payment options with rates that remain uniform for a minimum period of 1 year. In lieu of designing and implementing a competitive bidding process as required by this section, the secretary may become a member of programs organized and administered by the Health and Educational Facilities Authority or its subsidiary organization for the purpose of such competitive group purchasing of electricity.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 23 - Off-Highway Vehicle Advisory Committee

Section 23. There is hereby established within the executive office of energy and environmental affairs a state off-highway vehicle advisory committee. The committee shall advise the secretary and the department of conservation and recreation, the department of fish and game, the department of environmental protection and the office of environmental law enforcement on matters involving the commonwealth's regulation of off-highway vehicles, as defined in section 20 of chapter 90B, including the development and enforcement of state regulations and policies, safety and training programs and the distribution of available state funding. The committee shall consist of 13 members to be appointed by the secretary, 3 of whom shall be representatives of off-highway vehicle users, 1 of whom shall be a representative of the New England Trail Rider Association; 1 of whom shall be a representative of the Specialty Vehicle Industry Association and the Massachusetts Powersport Dealers Association; 1 of whom shall be a representative of the department of public health; 1 of whom shall be a representative of child safety advocates associated with the safe use of off-highway vehicles; 1 of whom shall be a representative of the Snowmobile Association of Massachusetts, Inc.; 2 of whom shall be representatives of a nonprofit organization that owns and manages land open to the public; 1 of whom shall be a representative of an association or organization of large private land owners; 1 of whom shall be a member of a friends group of the Massachusetts Forest and Parks Network; and 2 of whom shall be representatives of state or local law enforcement authorities. Members shall serve without compensation. Members shall be appointed for terms of 3 years.
The committee shall select a chair annually by a majority vote of the members. The committee shall meet at least twice each year and shall also meet at the request of the secretary or the committee chair.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 24 - Office of the State Climatologist; Powers and Duties; Term

Section 24. There shall be within the executive office of energy and environmental affairs an office of the state climatologist, which shall be under the supervision and control of a state climatologist to be appointed by the secretary of energy and environmental affairs and the chancellor of the University of Massachusetts at Amherst. The office of the state climatologist shall be housed at the University of Massachusetts at Amherst and shall: (i) gather and archive data on climate conditions in the commonwealth; (ii) conduct and foster research concerning the climate in the commonwealth and look for opportunities for sponsored research concerning climate issues in the commonwealth; (iii) coordinate with the Northeast Regional Climate Science Center housed at the University of Massachusetts at Amherst by the United States Department of the Interior; and (iv) educate and inform citizens on matters related to the climate. The office of the state climatologist shall advise all other branches of state and local government concerning the climate in the commonwealth and its implications for both economic and scientific needs in conjunction with existing and future environmental factors relating to the climate in the commonwealth. The office of the state climatologist shall maintain a liaison with federal and other state and academic institutions and join federal and international climate interest groups. The state climatologist shall serve for a term of 5 years but may be reappointed. The office of the state climatologist shall be funded by the executive office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21a - Executive Office of Energy and Environmental Affairs › Section 25 - Water Infrastructure Advisory Committee; Members; Report

Section 25. (a) There shall be a water infrastructure advisory committee to monitor the progress of closing the gap in funding for water, wastewater and storm water infrastructure.
(b) The advisory committee shall consist of: the secretary of energy and environmental affairs or a designee; the state treasurer or a designee; 2 people to be appointed by the president of the senate, 1 of whom shall be a member of the senate and 1 of whom shall be a representative of a planning organization, an environmental consumer organization or other public interest organization; 2 people to be appointed by the speaker of the house of representatives, 1 of whom shall be a member of the house of representatives and 1 of whom shall be a representative of a planning organization, an environmental consumer organization or other public interest organization; 1 person to be appointed by the minority leader of the senate and 1 person to be appointed by the minority leader of the house of representatives, each of whom shall be from different geographic regions of the commonwealth and who shall be representatives of the business community; and 13 persons to be appointed by the secretary of energy and environmental affairs who shall not be employees of the executive branch and who shall reside in different geographic regions of the commonwealth, 1 of whom shall be a representative of the Massachusetts Water Resources Authority advisory board, 1 of whom shall be a representative of the American Council of Engineering Companies of Massachusetts, 1 of whom shall be a representative of the Utility Contractors' Association of New England, Inc., 1 of whom shall be a representative of the Massachusetts Waterworks Association, Inc., 1 of whom shall be a representative of the Massachusetts Municipal Association, Inc., 1 of whom shall be a representative of Clean Water Action, 1 of whom shall be a representative of Associated Industries of Massachusetts, Inc., 1 of whom shall be a representative of the Environmental League of Massachusetts, Inc., 1 of whom shall be a representative of the Massachusetts Rivers Alliance, Inc., 1 of whom shall be a representative of the Massachusetts Water Pollution Control Association, Inc., 1 of whom shall be a representative of the Massachusetts Coalition for Water Resources Stewardship, Inc., 1 of whom shall be a representative of the Boston Society of Civil Engineers Section and 1 of whom shall be a representative of the Massachusetts AFL–CIO.
(c) The advisory committee may file a report on the activities of the committee as deemed necessary with the clerks of the house and the senate who shall forward the same to the chairs of the joint committee on environment, natural resources and agriculture.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 2 - Definitions

Section 2. As used in this chapter the following words shall have the following meanings unless the context clearly indicates otherwise:—
''Abandoned workings'', excavations either caved or sealed that are deserted and in which no further mining is intended.
''Commissioner'', the commissioner of environmental protection.
''Department'', the department of environmental protection within the executive office of environmental affairs.
''Drift'', horizontal opening through the strata in a coal seam used for same purposes as a shaft.
''Exploration'', any test boring or drilling operation or surface examination designed to determine the amount and extent of coal deposits in the area.
''Legal closing of the mine'', certification by the commissioner that all abandoned workings are sealed and secure and that no public health or safety hazard exists in the mined areas or affected lands.
''Licensee'', any person, corporation or business entity which has been granted a coal mining license by the department.
''Mine Inspector'', any certified person designated by the commissioner to examine coal mining operations or affected lands.
''Mined Area or Affected Lands'', any area of land from which coal is removed by a mining operation and shall include all lands affected by this operation, including but not limited to the construction of all new roads and any removal of land from its natural state.
''Mining'', every operation, both underground and above ground to be used for the purpose of extracting or removing coal or preparing coal or coal products for use outside the mined area.
''Mining Operation'', any shaft, slope, drift or open excavation designed to extract coal to be delivered to points outside the mining area.
''Overburden'', all of the earth and other materials that lie above or around a deposit of coal and which may be disrupted from its natural state in the process of mining.
''Reclamation'', the reconditioning and rehabilitation both during and after the operation of the mine, of any mined area or affected land to a point where the land is usable for purposes similar to those had a mining operation not taken place, and in a manner that will minimize the environmental disruption from the mining operation.
''Secretary'', the secretary of the executive office of environmental affairs.
''Special investigating commission'', shall consist of at least three mining inspectors appointed by the commissioner for the purpose of investigating and reporting on any problem or potential problem in compliance with the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 3 - Powers and Duties of Department and Commissioner; Rules and Regulations

Section 3. The department shall be charged with duties of protecting the citizens and environment of the commonwealth from significant damage or public health hazard that may occur because of the operation of coal mines in the commonwealth. The department shall adopt rules and regulations which shall provide that any coal mining or extraction of coal shall be conducted in a manner that will not significantly damage the environment or the area of land affected by a mining operation. Consistent with the provisions of this chapter, the powers and duties of the commissioner shall include, but not be limited to, the granting of licenses to mine coal, the protection of public health and quality of the environment and the overseeing of all reclamation procedures.
The commissioner shall protect the rights of all landowners and abutters of mined or affected areas or those who would have a legal interest in the land. The commissioner shall further provide for public announcement and information concerning the nature and conduct of any such mining operations and shall provide procedures by which all land or affected areas are rehabilitated to a condition at least fully capable of supporting all practicable uses which it was capable of supporting prior to such operations, or equal or better uses that can reasonably be attained.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 4 - Coal Exploration License; Applications; Notice of Results

Section 4. Any person desiring to conduct an exploration for coal in the commonwealth shall file with the commissioner an application for a license to conduct exploration operations for coal. Each application for said exploration license shall be accompanied by a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Each application shall specify the exact tract of land to be explored, the right by which the applicant can enter upon the tract, the exact exploration to be conducted and the provisions made to restore the land surface after exploration is completed. Upon review by the commissioner the applicant shall be notified whether or not his application has been accepted. One hundred and eighty days after the conclusion of exploration the results of such exploration shall be made public by the licensee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 6 - Term of License; Termination, Suspension and Revocation; Renewal

Section 6. No license to mine shall be granted for a period exceeding eight years, and a license to mine shall be terminated, after a public hearing, if no mining operation has begun within two years of the date of issue of the license. After a public hearing a valid mining license may be suspended or revoked if any public health or safety hazard is determined to exist by the commissioner under the provisions of this chapter.
The operator of the mine shall have the right of renewal of license subject to public hearing. The renewal license shall be valid for a period of eight years and shall be subject to all of the provisions of this chapter. The applicant shall file for a renewal one hundred and eighty days prior to the expiration of the license. This renewal shall contain a statement of intention to remain within the existing boundaries, and if such renewal application addresses any new lands or affects any new lands, that additional portion shall be subject to the full standards applicable to the original licensing procedures of this chapter.
Any attempt to extend mining operations beyond the boundaries set forth in the original application regardless of their depth underground, shall be cause for revocation of the coal mining license. No renewal application shall interfere or forestall the reclamation procedures established under the provisions of this chapter nor in any way extend the two-year completion date for reclamation of a closed mine area.
The commissioner shall require that reclamation of the mining operation is an ongoing process and shall encourage the maximum utilization of all of the overburden unearthed during the coal mining operation. Reclamation of the mined areas and affected lands shall be completed within two years after the legal closing of the mine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 7 - Examinations; Investigations; Monitoring; Record

Section 7. The commissioner is hereby authorized to make such examinations and investigations as may enable him to report on the various systems of coal mining in the commonwealth, method of mining, ventilation and machinery employed, the circumstances and responsibilities of mine accidents, and such other matters as may pertain to the general welfare of coal miners and others connected with mining, and the interests of mine owners and operators in the commonwealth.
The commissioner shall monitor air and water quality standards during the course of a mining operation. The commissioner shall keep a journal or record of all monitorings and inspections and shall procure all such materials and tests as may be found necessary to carry out the provisions and requirements of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 8 - Mining Inspectors; Appointment; Powers and Duties; Cease-Work Orders; Reports

Section 8. The commissioner is authorized to appoint qualified coal mining inspectors to carry out the provisions of this chapter. The commissioner shall establish qualifications that shall include a working knowledge of geology, engineering and anthracite coal mining. Any mining inspector certified by the commissioner shall have the power to enter a coal mine or lands affected by the coal mining operation at any time. It shall be the duty of certified mining inspectors to protect the citizens of the commonwealth by carrying out the provisions of this chapter.
During the operation of a coal mine the operator shall provide the inspector with a detailed set of maps showing all ventilation shafts, airflow currents, shaft construction, pillar placement, all drill holes, excavations, lengths and entrances of all tunnels, locations of any bodies of water dammed or held back in any portion of the mine, or any bodies of water, surface or otherwise, that may have an effect or be affected by the mining operation. These maps shall be drawn to a scale of not more than one hundred feet to one inch.
If, during the course of an inspection of any pit, tunnel, excavation, coal refuse pile or area affected by the mining operation, an inspector determines that a condition of imminent danger exists, he may issue an immediate cease-work order. After having delivered a copy of the cease-work order to the licensee or served notice on the premises of the mine and having delivered a copy to the commissioner, the inspector shall petition the commissioner to appoint a special investigating commission to accompany the inspector to the part of the mining operation where the condition of imminent danger is alleged to exist.
All mining inspectors shall be required to submit monthly and annual reports to the commissioner concerning all relevant data on coal mining operations in the commonwealth and any questions of mine safety or public health and environmental damage or any possible violation of the provisions of this chapter. Whenever a cease-work order is issued by an inspector he shall make a special report to the commissioner stating the reasons for the cease-work order and the actions taken to remedy the situation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 9 - Cease-Work Orders; Special Investigating Commission; Powers

Section 9. Upon receipt of a cease-work order the commissioner shall immediately appoint a special investigating commission. The commission shall immediately and before the end of the second day after its appointment make a full investigation and make a determination whether to affirm or deny the cease-work order issued by the inspector. If the commission shall agree that there is a condition of imminent danger it shall affirm the cease-work order. If the special investigation commission disagrees with the finding of the mine inspector it shall disaffirm the cease-work order and said order shall be rescinded and be null and void.
If the special investigating commission affirms the cease-work order it shall report such affirmation to the commissioner. The commissioner shall notify the operator of such determination and afford the operator an opportunity to refute the findings of the special investigating commission. If, after hearing, the commissioner affirms the cease-work order, he shall then establish all the necessary requirements to insure that the condition of imminent danger is rectified in accordance with all of the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 10 - Mine Fires; Refuse Bank Fires; Subsidence Resulting From Mining; Health and Safety Hazards

Section 10. Whenever the commissioner makes a finding of fact that a mine fire, refuse bank fire or subsidence resulting from mining is at a stage where immediate action is necessary and an emergency exists and no other person or agency is acting to control the condition, and the owners of the property upon which entry must be made to control the mine fire, refuse bank fire or subsidence resulting from mining are not known, nor readily available or will not give permission for the commissioner, political subdivisions of the commonwealth or municipalities, their agents, employees or contractors to enter upon such premises, or the delay entailed in reaching said owners and in securing from them the right to enter upon the premises constitutes a clear and immediate danger to the life or property of others, the commissioner or his agent shall give notice to the owners, if known, or give public notice upon the premises and shall have the right to enter upon the premises to control the mine fire, refuse bank fire or subsidence and to take all action necessary or expedient to do so. As soon as practicable thereafter the commissioner, the political subdivisions of the commonwealth or municipalities so entering the premises and acting as above provided shall restore the premises so entered upon to the condition at the time of such entry to the extent reasonably practical. The monies expended for such work and the benefits accruing to any such premises so entered upon shall be charged against such land to mitigate or offset any claim or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry.
Any political subdivision or authorized agent of the commissioner executing orders directed toward correcting dangerous situations resulting from mine fires, refuse bank fires, subsidence or any public health or safety hazards shall be held harmless and shall be indemnified by the mine operator, from any claim for failure to acquire necessary releases from property owners or because of any failure to comply with any other applicable statute.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 11 - Water Quality and Water Table; Rules and Regulations

Section 11. The commissioner shall promulgate rules and regulations which will protect the quality of water and water table throughout the commonwealth. Such rules and regulations shall include a reclamation policy that will maintain reasonable stability of the water level and water table in a area mined; a requirement that the operator of the mine shall fill all auger holes with an impervious and noncombustible material in order to prevent drainage and cave-ins; a provision that the final grading and backfilling operations provide adequate safety and access for water users in the area; a provision that there be minimum disturbance to the prevailing hydrologic balance at the mine site and in associated offsite areas or affected lands and a monitoring and study of the quantity and quality of the water affected; a provision that the operator treat or remove any water contaminated with toxic chemicals and guard against such contamination; monitor and provide that any casing, sealing or otherwise management of boreholes, shafts, tunnels or wells does not cause acid or other toxic drainage materials from entering ground and surface waters; a provision to insure that all debris and acid forming materials, toxic chemicals or materials constituting a fire, water or public health hazard are treated and disposed of in a manner compatible with sound health policy and good water supply. The operator of the mine, subject to the approval of the commissioner, may divert water from the mining operation in a manner designed to reduce if not eliminate siltation, erosion or major alterations in the natural water courses; the commissioner shall conduct inspections to guarantee compliance with good drainage practice, silt control and protection of ground water.
Violation of the rules and regulations promulgated pursuant to this section shall be considered cause for a cease and desist order and may result in the loss of license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 12 - Abandonment or Closure of Mine; Final Survey

Section 12. Whenever a mine is abandoned or closed, the owner shall make a final survey of all workings not represented on the maps and plans of such mine, and shall properly enter the results upon the maps of the mine so as to show the exact relations of the most advanced workings to the boundary of the property and shall file a copy of the same with the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21b - Mining Regulation and Reclamation › Section 15 - Violations; Fines and Punishments

Section 15. Any person who violates the conditions of sections three, four and five shall be punished by a fine of five thousand dollars plus an additional one thousand dollars per acre for each acre of land affected by such violations.
Any person who violates the provisions of a cease-work order issued under section seven and eight shall be punished by a fine of ten thousand dollars or by imprisonment for a period of not more than one year or both.
Any person who violates the provisions of section ten shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars for the first offense. For each subsequent offense the person shall be punished by a fine of not less than five thousand dollars or by imprisonment for not more than one year or both.
Any person who extends the mining operation beyond the boundaries agreed to in the coal mining license issued under the provisions of this chapter shall be punished by a fine of five thousand dollars plus one thousand dollars for each acre of land affected.
2023 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 3 - Hazardous Waste Advisory Committee

Section 3. There is hereby established within the department a hazardous waste advisory committee to provide consultation to the department concerning matters covered by this chapter. The committee shall review the development of standards, rules, and regulations for hazardous waste management, and shall supply recommendations concerning methods by which existing hazardous waste management practices and the laws regulating them may be supplemented and improved and their administration financed.
The committee shall consist of at least nine members appointed by the governor, one of whom shall be a representative of the Massachusetts Municipal Association, one of whom shall be a representative of the Massachusetts Health Officers Association, one of whom shall be a representative of the Massachusetts Public Health Association, one of whom shall be a representative of the Massachusetts Association of Conservation Commissions, one of whom shall be a representative of the Associated Industries of Massachusetts, one of whom shall be a representative of the Massachusetts Mayors Association, one of whom shall be a representative from a regional planning agency, one of whom shall be a representative of the City Solicitors and Town Counsel's Association, and at least one of whom shall be a representative of the public knowledgeable in environmental affairs and shall have no financial interest in any of the recommendations or studies of the committee. Such financial interest shall include, but not be limited to, service as a consultant to any person specializing in waste disposal, or as an attorney of a party with a direct financial interest in hazardous waste disposal. Any member shall be eligible for reappointment. In making initial appointments to said committee, the governor shall appoint two members for terms of one year, three members for terms of two years, three members for terms of three years, and one member for a term of four years. Upon the expiration of the term of any such member, his successor shall be appointed for a term of four years. Persons appointed to fill vacancies shall serve for the unexpired term of said vacancy.
2023 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 6 - Collection, Storage, etc., of Hazardous Waste at Generation Site; Regulations

Section 6. The department shall establish such regulations concerning the collection, storage, treatment, use or disposal of hazardous wastes at the site of generation as it deems necessary to protect public health, safety and welfare and the environment, and to implement the provisions of this chapter and RCRA.
Said regulations shall include requirements that generators maintain records and report to the division and to other agencies regarding the quantity and type of hazardous wastes which they have generated, stored, treated, disposed of or transferred to another person, and such other requirements as the division deems necessary.
2023 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 8 - Entry of Premises; Warrants; Enforcement of Law

Section 8. Personnel or authorized agents of the department may at all reasonable times enter any premises, public or private, for the purpose of investigating, sampling or inspecting any records, condition, equipment, practice or property relating to activities subject to this chapter, and may at any time enter such premises for the purpose of protecting the public health or safety, or to prevent damage to the environment. For the purposes of such entries no warrant shall be required provided, however, that upon demand by the owner or person in control of such premises, a warrant authorizing such entry and inspection shall be sought after such demand. Any court, judge, or justice authorized to issue warrants in criminal cases may issue such warrants.
Personnel of the department of telecommunications and energy appointed under section twelve F of chapter twenty-five shall have the authority to enforce the criminal, civil and administrative sanction provisions of this chapter and the regulations adopted thereunder as they relate to the transportation of hazardous waste and shall have the powers granted to them under section fourteen of chapter one hundred and fifty-nine B.
2023 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 9 - Violations; Orders by Department

Section 9. Whenever it appears that there is a violation of any provision of this chapter or any license, order, approval or regulation issued or adopted thereunder, the department may issue to a person causing or contributing, or likely to cause or contribute, to such violation or potential violation an order requiring the production or analysis of samples and the production of records, or imposing such restraints on or requiring such action by said persons, as it deems necessary to abate or prevent such hazard or violation. The department also may issue such orders as it deems necessary to secure compliance with any license. Issuance of an order under this section shall not preclude, and shall not be deemed an election to forego, any action to recover damages, or, to seek civil penalties, criminal fines and penalties or injunctive relief.
2023 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 10 - Violations; Presumption; Penalties; Jurisdiction

Section 10. Any violation of this chapter, or of any regulation, order, license, or approval made thereunder shall be presumed to constitute irreparable harm to the public health, welfare, safety and to the environment. Such presumption may be rebutted by the introduction of competent evidence. Any person who violates any provision of this chapter, or any regulation, order, license or approval issued or adopted thereunder: (a) shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years in a house of correction, or both, for each such violation; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation; or (c) a person who knowingly violates any provision of section five, shall be punished by a fine of not more than one hundred thousand dollars, or by imprisonment in the state prison for not more than twenty years or in a jail or house of correction for not more than two and one-half years, or both, for each such violation. Each day each such violation occurs or continues shall be a separate offense.
The superior court shall have jurisdiction to enjoin violations of, or grant such additional relief as it deems necessary or appropriate to secure compliance with, the provisions of this chapter, or any order, license, approval or regulation issued or adopted thereunder upon the petition of the attorney general, commissioner, or a city or town.
2023 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 11 - Adjudicatory Hearings; Judicial Review

Section 11. Any person aggrieved by a determination by the department to issue, deny, modify, revoke or suspend any license or approval, or to issue an order, under the provisions of this chapter, may request an adjudicatory hearing before the department under the provisions of chapter thirty A. Any such determination shall contain a notice of this right to request a hearing and may specify a time limit, not to exceed twenty-one days, within which said person shall request said hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the department shall within a reasonable time act upon a request in accordance with the provisions of said chapter thirty A.
If, in making a determination which under the provisions of the preceding paragraph may be the subject of an adjudicatory hearing, the department finds that an imminent threat to the public health or safety, or to the environment could result pending the conclusion of the adjudicatory hearing requested thereon, the department may order that the determination become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of any adjudicatory hearing procedures.
A person aggrieved by a final decision in an adjudicatory hearing held under the provisions of this section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.
2023 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.
2023 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.
2023 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.