reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 6 - Contents of Registration Statements

Section 6. The regulations issued by the department shall specify the form and required contents of a registration statement and the terms under which an existing withdrawal may be continued by a person other than the original registrant. At a minimum, such regulations shall specify that the registration statement must contain the following:
(1) The use for which the water is being withdrawn;
(2) An identification of the water source from which the withdrawal is being made, in sufficient detail to describe the water source adequately;
(3) The location of the withdrawal;
(4) The existing withdrawal; provided, however, that persons whose volume of withdrawals varies seasonally according to a substantially established pattern shall describe that variation;
(5) Conservation measures instituted, or to be instituted, by the registrant; and
(6) The point or points at which the water is to be discharged after use.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 7 - Issuance of Permits; Criteria and Standards

Section 7. The department shall, by regulation, specify, for each water source from which withdrawals are to be permitted, a date upon which its regulations establishing criteria, standards and procedures for issuing permits shall become effective. No person may, after the effective date thus specified, make a new withdrawal of more than the threshold volume of water from any water source, or construct any building or structure which may require that person to make such a new withdrawal of water unless such person obtains a permit in accordance with regulations adopted by the department.
In adopting regulations establishing criteria and standards for obtaining permits, the department shall assure, at a minimum, that the following factors are considered:—
(1) The impact of the proposed withdrawal on other water sources which are hydrologically interconnected with the water source from which the withdrawal is to be made;
(2) The anticipated times of year when withdrawals will be made;
(3) The water available within the safe yield of the water source from which the withdrawal is to be made;
(4) Reasonable protection of water uses, land values, investments and enterprises that are dependent on previously allowable withdrawals;
(5) The use to be made of the water proposed to be withdrawn and other existing, presently permitted or projected uses of the water source from which the withdrawal is to be made;
(6) Any water resources management plan for any city or town in which the affected water source is located;
(7) Any state water resources management plan adopted by the commission;
(8) Reasonable conservation practices and measures, consistent with efficient utilization of the water;
(9) Reasonable protection of public drinking water supplies, water quality, wastewater treatment capacity, waste assimilation capacity, groundwater recharge areas, navigation, hydropower resources, water-based recreation, wetland habitat, fish and wildlife, agriculture, and flood plains; and
(10) Reasonable economic development and the creation of jobs in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 8 - Permit Applications; Contents

Section 8. The regulations adopted by the department shall specify the form and required contents of a permit application. At a minimum, such regulations shall specify that the application must contain:—
(1) The need for the proposed withdrawal;
(2) The reasons for the withdrawal and the use of the water to be withdrawn;
(3) A description of the water source from which the withdrawal is proposed;
(4) The location of the withdrawal;
(5) The volume, frequency and rate of water the applicant proposes to withdraw;
(6) The length of time for which the permit is sought;
(7) The effect of the proposed withdrawal on public drinking water supplies, water quality, wastewater treatment, waste assimilation, groundwater recharge areas, navigation, hydropower resources, water-based recreation, wetland habitats, fish and wildlife, agriculture, and flood plains;
(8) The alternatives, if any, to the proposed withdrawal including a study of cost factors, feasibility and environmental effects of such alternatives; and
(9) Conservation measures instituted, or to be instituted, by the applicant.
The regulations adopted by the department shall allow the applicant to submit, in support of the permit application, a negotiated agreement with any other owner of property conveying by deed an easement restricting that property owner's right to withdraw from the water source from which the applicant proposes to make withdrawals. The department shall consider such easement in making its findings relative to the sufficiency of the water available within the safe yield of the water source from which the withdrawal is to be made.
The regulations issued by the department may specify the conditions under which the department will approve the transfer of a permit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 10 - Recommendations

Section 10. The department shall, by regulation, establish a procedure to be followed in obtaining recommendations from local officials or bodies, regional planning agencies, or others including any comments received by the water resources management official pursuant to section nine, for use by the department in making findings under section eleven; provided, however, that failure of any local official or body or regional planning agency to make timely recommendations in accordance with such procedures shall not bar the department from ruling on any application if it determines that it has an adequate basis for making the findings required by regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 11 - Issuance of Permits; Conditions; Findings

Section 11. In accordance with rules adopted under section seven, the department may issue permits for any new withdrawal of water if it determines that the withdrawal will conform to the regulatory standards established. The department may attach to any permit whatever conditions it deems necessary to further the purposes of this chapter or to assure compliance with its regulations. If the department finds that the combined volume of existing, permitted and proposed withdrawals exceeds the safe yield of a water source or that existing, permitted or proposed water withdrawals are otherwise in conflict, it shall deny all applications for permits for withdrawals from that water source.
The department shall make written findings of fact in support of its decision and shall state with specificity the reasons for issuance or denial of the permit and for any conditions of approval imposed and may, in the case of any denial of a permit, advise the applicant in negotiating an agreement pursuant to section eight, so as to allow the permit to be granted. Every permit issued pursuant to this chapter may include provisions:—
(1) fixing the term of the permit;
(2) fixing the maximum allowable withdrawal expressed in terms of an average annual daily withdrawal;
(3) identifying and limiting the use or uses to which the water may be put;
(4) requiring the applicant to meter the water being withdrawn and report the amount and quantity of the water being withdrawn;
(5) governing the operation and maintenance of the specific facilities, equipment or premises;
(6) allowing the department to enter the applicant's facilities or property to inspect and monitor the withdrawal;
(7) permitting the department to modify, suspend or terminate the permit, after notice and hearing, for violations of its conditions, of this chapter, or of regulations adopted or orders issued by the department, and when deemed necessary for the promotion of the purposes of the chapter.
The department shall, by regulation, specify a schedule of expiration dates applicable to each water source from which withdrawals are to be permitted. All permits for withdrawals from that water source shall be valid until the next expiration date thus specified; provided that no permit issued under this section shall be valid for a term greater than twenty years. Each person to whom a permit has been issued pursuant to this section shall file an annual statement of withdrawal, in accordance with regulations adopted by the department.
No permit shall be issued under this section after January first, nineteen hundred and ninety-four unless the city or town in which the water is to be used has obtained approval from the commission of its water resources management plan.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 12 - Adjudicatory Hearing; Judicial Review

Section 12. Any person aggrieved by a decision of the department with respect to a permit application or an addition to an existing withdrawal may request an adjudicatory hearing before the department under the provisions of chapter thirty A. Any such decision shall contain a notice of this right to request a hearing and shall specify a time limit of twenty-one days, within which aggrieved persons may request such a hearing. If no such request is timely made, the decision shall be deemed assented to. If a timely request is received, the department shall, within a reasonable time, act upon the request in accordance with the provisions of chapter thirty A. A person aggrieved by a final decision in an adjudicatory hearing held under the provisions of this section shall be entitled to judicial review thereof in the superior court, in accordance with chapter thirty A; provided, however, that in any action seeking judicial review pursuant to this section, the court in which such action is pending may appoint a master to investigate and report on any scientific or hydrological issue relevant to a question of law presented in the case.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 13 - Examination of Activities Involving Water Withdrawal

Section 13. For the purpose of determining compliance with this chapter or any regulations adopted thereunder, the duly authorized agents and employees of the department may at all reasonable times enter and examine any property, facility, operation or activity involving the withdrawal of water. The owner, operator or other person in charge of the property, facility, operation or activity, upon presentation of proper identification and purpose for inspection by the agents or employees of the department, shall give such agents and employees free and unrestricted entry and access. Such agents and employees are authorized to make such inspection, conduct such tests, reviews, studies, monitoring or sampling or examine books, papers and records pertinent to any matter relevant to the administration or enforcement of this chapter as it deems necessary.
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 department 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 15 - Water Emergency Declaration

Section 15. Any city or town or any water company, public agency or authority of the commonwealth or its political subdivisions which is the operator of a public water system may petition the department for a declaration of a state of water emergency pursuant to this section. The department may require such city, town or operator to submit for review and approval by the department, a plan designed to bring about an expeditious end to the state of water emergency. Such plan may include provisions for taking actions authorized in section sixteen and provisions for restraining the use of water on public or private premises by shutting off the water at the meter or at the curb cock or by other means, and the department may require any further provisions it deems appropriate and feasible, including, but not limited to:
(1) an approved water resources management plan;
(2) a leak detection program;
(3) a program for auditing water use;
(4) a program for overall system rehabilitation;
(5) conservation programs for public and private buildings;
(6) bans or restrictions on certain water uses;
(7) a moratorium on the issuance of building permits;
(8) a plan for establishing priority for distribution of water among competing uses; and
(9) drought management or contingency plans.
Upon receiving a petition pursuant to this section, the department may declare a state of water emergency if it finds that there exists or impends a water supply shortage of a dimension which endangers the public health, safety or welfare. The department shall limit the applicability of any state of water emergency to the city or town submitting a petition pursuant to this section or the geographical area served by the public water system operator submitting a petition pursuant to this section. The department may amend the declaration or terminate the state of water emergency upon a finding that the public health, safety or welfare is no longer endangered by a water supply shortage in part or all of the area to which the emergency had been made applicable. The state of water emergency shall be in effect for no more than six months in the aggregate in any twelve month period unless the department determines that a longer state of emergency is required to protect the public health, safety or welfare.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 16 - State of Water Emergency; Eminent Domain; Authorization; Notice

Section 16. During a state of water emergency, declared under section fifteen, if the department has approved a plan designed to bring about an expeditious end to the emergency, a water company, public agency or authority of the commonwealth or its political subdivisions which is the operator of a public water system affected by the emergency may, for such periods of time as may be approved by the department, not to exceed six months cumulatively in any twelve month period, take by eminent domain under chapter seventy-nine the right to use any land for the time necessary to use such water, or purchase water from another public water system; provided, however, that during a state of water emergency affecting the water system of the Massachusetts Water Resources Authority, such power of eminent domain may be exercised by the division of watershed management of the metropolitan district commission. Any operator of a public water system may, for such periods of time as may be approved by the department, sell to any water company, public agency or authority of the commonwealth or its political subdivisions, which has been authorized to make purchases of water pursuant to this section, such volumes of water as may be available for sale from time to time.
No taking, purchase or sale shall be made pursuant to this section unless the department issues an order, pursuant to section seventeen, authorizing the taking, purchase or sale. Nothing in this section shall exempt the operator of a public water system from any provision of this chapter or of any regulations issued hereunder.
No taking, purchase or sale shall be made pursuant to this section unless, in the case of cities, the city council has voted to authorize the taking, purchase or sale, or, in the case of towns and water supply and fire and water districts, the taking, purchase or sale has been authorized by a vote of the voters at a town meeting or a district meeting, or, in the case of water companies, notice of such taking, purchase or sale, including a copy of plans and specifications, has been given to the city council or to the board of selectmen of the city or town, as the case may be, in which the affected water source is located, by certified mail at least ten days prior thereto.
Pursuant to any taking, purchase or sale made pursuant to this section, temporary pipes and other works may be installed in any city or town, provided that the installation or repair of such pipes or other works or along any highway shall be accomplished with the least possible hindrance to public travel, and shall be subject to the direction and approval of the officers or departments in charge of the maintenance of said highway where applicable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 17 - State of Water Emergency; Orders

Section 17. During a state of water emergency declared under section fifteen, the department, to the extent not in conflict with applicable federal law or regulation but notwithstanding any general or special law, local law or contractual agreement to the contrary, shall be empowered to issue orders, applicable within or outside the area in which a water emergency exists to:—
(1) Establish priorities for the distribution of any water or quantity of water use;
(2) Permit any person engaged in the operation of a water supply system to reduce or increase by a specified amount or to cease the distribution of that water; to distribute a specified amount of water to certain users as specified by the department; or to share any water with other water supply systems;
(3) Direct any person to reduce, by a specified volume, the withdrawal or use of any water; or to cease the withdrawal or use of any water;
(4) Require the implementation of specific water conservation measures; and
(5) Mandate the denial, for the duration of the state of water emergency, of all applications for withdrawal permits within the areas of the commonwealth to which the state of water emergency applies.
The commission shall adopt guidelines for use by the department in issuing orders under this section.
The department shall consult with the appropriate executive agency overseeing the activities of any person affected by this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 18 - Registration and Permit Application Fee Schedules

Section 18. The department shall, by regulation, establish reasonable registration and permit application fee schedules which shall be based upon, and not exceed, a reasonable portion of the estimated cost of processing, monitoring, administering and enforcing the registration statements and permits. The department shall collect registration and permit application fees in accordance with the fee schedule adopted pursuant to this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 19 - Public Water System Rates; Propriety

Section 19. Nothing in this chapter shall limit the authority of the department of telecommunications and energy to rule on the propriety of any rates charged by any public water system subject to its jurisdiction; provided, however, that in making such a ruling the department of telecommunications and energy may consider any fees required by registration adopted pursuant to section eighteen; and, provided further, that such ruling shall not impose any condition inconsistent with the provisions of any order issued by the department or the terms and conditions of a permit issued under this chapter or the regulations adopted hereunder. Compliance with any requirement imposed by the department of telecommunications and energy shall not exempt any public water supply systems from requirements of this chapter or the regulations adopted hereunder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21g - Massachusetts Water Management Act › Section 20 - Persons Engaged in Business of Digging or Drilling Wells; Certification; Reports

Section 20. No person shall engage in the business of digging or drilling wells within the commonwealth unless he has filed a certification with the department. Each person intending to engage in said business shall certify annually with said department and upon payment of a fee determined annually by the department shall be issued a certificate indicating that he is so certified. Said certification shall be sufficient authority for any said person to engage in the business of digging or drilling wells anywhere within the commonwealth and no further licensing or certification shall be required; provided, however, that nothing contained herein shall prohibit the appropriate local authority in any city or town from requiring any person engaged in the digging or drilling of private wells to obtain a site permit in accordance with terms and conditions which ensure health and safety and said city or town may charge said person a reasonable fee for said site permit as determined by the city or town.
Pursuant to chapter thirty A, the department shall adopt such regulations as it deems necessary to carry out the purposes of this section. Such regulations shall not be subject to section 3 of this chapter. Within thirty days after completion of any well by digging or drilling, the person engaged in the business of digging or drilling wells shall submit a report to the department setting forth such information as may be required under said rules and regulations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 1 - Legislative Determination and Declaration of Purpose

Section 1. (a) It is hereby determined that:
(1) There is a critical need to eliminate, mitigate and prevent the nuisances and adverse public health effects associated with the collection, processing and disposal of solid waste from whatever source derived, including municipal, industrial, domestic, commercial and other sources or activities.
(2) There is pending throughout the commonwealth a severe shortage in environmentally safe and financially sound capacity for the storage, disposal and processing of solid waste.
(3) The provision of such capacity is an essential public purpose, will constitute the performance of an essential public function and is necessary to the preservation and improvement of the health, welfare and living conditions of the people of the commonwealth, the promotion of industry and employment and all aspects of commerce, the maintenance, protection, conservation and development of safe water supplies, and the protection of the environment overall.
(4) The financial requirements for the provision of environmentally safe solid waste facilities are substantial and require the use of both public and private sources of financing and of facility development and operation experience, the ability to collect user fees to recover costs of providing such capacity, and the ability to finance capital expenditures without undue reliance on the general obligation credit of the commonwealth or of individual cities and towns.
(b) It is hereby declared to be an essential public purpose to achieve the following:
(1) provide a means whereby new and improved capacity for handling solid waste is established in a manner which takes full advantage of current municipal experience in the collection, disposal and storage of such waste;
(2) encourage cities and towns to act together effectively to operate solid waste facilities;
(3) establish a means whereby the commonwealth can act effectively to provide planning, technical, development, financial and other support for solid waste facilities;
(4) establish a framework which encourages and permits private enterprise to participate appropriately in the development and operation of solid waste facilities;
(5) encourage cities and towns to act together effectively to develop and operate household hazardous waste collection programs and related activities.
(c) It is declared to be in the best interests of the citizens of the commonwealth to enact legislation authorizing the department of environmental protection to provide financial assistance to public bodies for the closure of landfills or other solid waste facilities and for the expansion of landfill capacity or other solid waste facilities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6 - Acid Gas Scrubbers

Section 6. All resource recovery facilities and other solid waste incinerators shall operate with acid gas scrubbers, or such other technology providing equal or greater protection to the public health and environment, as determined by the department in manner and time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6a - Implementation of Imerc Standards by Department

Section 6A. The department shall participate in the implementation of IMERC standards established at the Northeast Waste Management Officials Association to assist in carrying out the requirements of sections 6A to 6M, inclusive, and to help coordinate reviews of the manufacturers' applications for phase out exemptions and collection system plans.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6b - Notification of Mercury-Added Products Offered for Final Sale, Use or Distribution in Commonwealth

Section 6B. (a) No mercury-added product shall be offered for final sale or use or distributed in the commonwealth without notification in writing by the manufacturer of the product to the department through IMERC within 30 days of the product's release in accordance with this section.
(b) Notification that complies with the notification forms of IMERC shall satisfy the requirements of this section. The department may require that it be notified directly in addition to reporting through IMERC. The manufacturer or trade group shall update and revise the notification information whenever there are significant changes in the product category.
(c) Any mercury-added product for which federal law governs notice in a manner that preempts state authority shall be exempt from this section.
(d) Public disclosure of confidential business information submitted to the department pursuant to this section shall be governed by the requirements of section 10 of chapter 66. The department and IMERC may compile or publish analyses or summaries of such information provided that the analyses or summaries do not identify any manufacturer's confidential information.
(e) The department shall protect trade secrets.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6d - Sale of Mercury-Added Thermostats and Other Mercury-Added Products

Section 6D. (a) No person shall sell or offer to sell or distribute a mercury-added thermostat in the commonwealth.
(b) No person shall sell or offer to sell or distribute in the commonwealth the following mercury-added products:
(1) barometers;
(2) esophageal dilators, bourgie tubes or gastrointestinal tubes;
(3) flow meters;
(4) hydrometers;
(5) hygrometers or psychrometers;
(6) manometers;
(7) pyrometers;
(8) sphygmomanometers; or
(9) basal thermometers.
(c) Subsections (a) and (b) shall not apply: (i) to the sale of mercury-added products if the use of the product is a federal requirement; (ii) to the sale of thermometers if they are determined to be medically necessary by a licensed physician or are ordered by prescription, or (iii) to the sale of mercury-added antique barometers, including antique barometers with attached mercury thermometers, if the barometer was manufactured prior to 1955.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6e - Sale or Distribution of Mercury Switch or Mercury Relay; Exceptions

Section 6E. (a) No person shall sell or offer to sell or distribute a mercury switch or mercury relay, individually or as a product component. This prohibition shall not apply if the mercury switch or mercury relay is a component in a larger product in use before May 1, 2009, there is no mercury-free alternative available for the component and 1 of the following applies:
(1) the larger product is used in manufacturing; or
(2) the switch or relay is integrated and not physically separate from other components of the larger product.
(b) This section shall not apply to the sale of a mercury switch or a mercury relay if the use of the switch or relay is a federal requirement.
(c) This section shall not apply to the sale of a mercury switch or a mercury relay which is integrated as a component of a larger product that has been refurbished for resale and which was originally manufactured before the effective date of this act.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6f - Exemptions From Prohibitions in Secs. 6d and 6e; Applications; Fees

Section 6F. (a) The department, at its discretion and in consultation with the executive office of economic development and the department of public health, may allow for exemptions to the prohibitions in sections 6D and 6E.
(b) Applications for exemptions shall demonstrate that:
(1) the use of the product is beneficial to the environment or protective of the public health or public safety;
(2) there is no technically feasible alternative to the use of mercury in the product;
(3) there is no comparable non-mercury-added product available at reasonable cost; and
(4) an effective system exists for the collection, transportation and processing of the mercury-added product. Such a system may include direct return of a waste product to the manufacturer, an industry or trade group-supported collection and recycling system or other similar private and public section efforts.
(c) The department shall establish application fees and a timeline for reviewing applications for exemptions that does not exceed 90 days.
(d) Before issuing an exemption, the department shall consult with neighboring states and regional organizations to promote consistency. The department shall avoid, to the extent feasible, inconsistencies in the implementation of this section.
(e) An exemption shall be valid for not more than 3 years and may be extended upon request of the applicant, at the discretion of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6g - Purchase of Elemental Mercury, Mercury Compounds and Mercury-Added Equipment and Materials by Schools

Section 6G. No school in the commonwealth shall purchase for use in a primary or secondary classroom elemental mercury, mercury compounds or mercury-added instructional equipment and materials, except measuring devices and thermometers for which no adequate nonmercury substitute exists that are used in school laboratories. This section shall not apply to the sale of mercury-added lamps or those products whose only mercury-added component is a mercury-added lamp or lamps.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6h - Disclosure Requirements for Mercury-Added Formulated Product Manufacturers

Section 6H. Every manufacturer of a mercury-added formulated product shall, upon a written request from a health care facility, disclose in writing the mercury content of any product used in its facility that contains more than 1 part per billion of mercury. The manufacturer shall also disclose to the health care facility information needed to determine the mercury content of a component manufactured by another manufacturer which is part of the final product. This disclosure shall further provide the method used in developing the analysis performed for total mercury content. These products shall include, but are not limited to: acids, alkalis, bleach, materials used for cleaning or maintenance or disinfection, stains, reagents, preservatives, fixatives, buffers and dyes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6i - Disposal of Mercury-Added Products; Education Program; Discharge of Mercury Into Water; Scrap Recycling of Multi-Component Products Containing Mercury

Section 6I. (a) No person, household, business, school, healthcare facility or state or municipal government shall knowingly dispose of a mercury-added product in any manner other than by recycling, disposing as hazardous waste or using a method approved by the department.
(b) The department shall implement an education program. This program shall include, but not be limited to, working with municipalities and waste haulers to educate the citizens of the commonwealth about mercury-added products and their proper disposal, including creating signs to post at transfer stations, landfills, recycling centers and municipal buildings.
(c) Mercury from mercury-added products shall not knowingly be discharged into water, wastewater treatment or wastewater disposal systems unless it is done in compliance with applicable local, state and federal requirements.
(d) No person shall knowingly send a multi-component product that contains mercury to a scrap recycling facility for recycling without first removing the mercury-added product or products. Notwithstanding the forgoing, a scrap recycling facility may agree to accept a multi-component product that has not been intentionally flattened, crushed or baled knowing it contains mercury-added product or products. If accepted, the scrap recycling facility shall be responsible for removing such product or products and recycling them or disposing of them as hazardous waste.
(e) Mercury-added formulated products that are cosmetic or pharmaceutical products subject to the regulatory requirements of the Federal Food and Drug Administration relating to mercury are exempt from this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6k - Labeling Requirements for Mercury-Added Products

Section 6K. (a) No person shall sell a mercury-added product unless the product is labeled by the manufacturer pursuant to this section. The label, constructed of materials that are sufficiently durable to remain legible for the useful life of the product, shall clearly inform the purchaser that mercury is present in the product and that the product shall be reused, recycled or properly disposed of as hazardous waste. Manufacturers of products that contain an irremovable mercury-containing lamp used for backlighting shall meet the product labeling requirements of this section by placing the label on the product or its care and use manual.
(b) Mercury product labeling plans approved by another state that is a member of IMERC shall be considered to be in compliance with this section if they are effectively implemented in the commonwealth. The manufacturer shall provide a copy of the labeling plan to the department upon request and shall notify the department if the approval is modified.
(c) A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser, in writing on the invoice for the lamps or in a separate document, that the lamps contain mercury, that mercury is a hazardous substance that is regulated by federal and state law and that the lamps may not be placed in solid waste destined for disposal. Retail establishments that incidentally sell mercury-added lamps to the specified purchasers are exempt from this subsection.
(d) This section shall not apply to refurbished medical equipment.
(e) This section shall not apply to the labeling of those products whose only mercury component is a removable mercury-added lamp or button cell battery.
(f) This section shall not apply to mercury-added antique barometers, antique thermometers, and antique clocks if the antique barometer, thermometer or clock was manufactured prior to 1955. A person who sells a mercury-added antique barometer, thermometer or clock manufactured prior to 1955 shall clearly inform the purchaser, in writing, at the time of sale: (1) that the antique contains mercury; (2) that mercury is a hazardous substance; (3) that mercury is regulated by federal and state law; (4) the proper and commercially available methods for disposal and recycling of the antique; and (5) the proper procedures for cleaning up mercury spills if the antique is broken while in the purchaser's possession.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6l - Collection of Mercury-Added Products by Solid Waste Collectors

Section 6L. A solid waste collector shall refuse to collect the contents of a solid waste container that the collector knows or reasonable should know contains 1 or more mercury-added products unless such solid waste is collected for the purpose of being reused, recycled or properly disposed of as hazardous waste or otherwise managed to ensure that the mercury does not become mixed with other solid waste or wastewater.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 6m - Preference for Purchase of Products Not Containing Mercury by State Procurement Officer, University System and Agencies

Section 6M. The state procurement officer, the state university system and state agencies shall give preference to the purchase of equipment, supplies and other products that do not contain mercury unless there is no economically feasible non-mercury alternative that performs a similar function or unless the non-mercury product is sufficiently less energy efficient so as to result in a greater overall environmental impact. In circumstances where a non-mercury-added product is not available, preference shall be given to the purchase of products which have the least overall environmental impact in their development, manufacturing and use. This section shall not apply to the purchase of vaccines by the department of public health, its affiliates and facilities or to the purchase of refurbished medical equipment in which a mercury switch or relay is a fully integrated component.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 7 - Composting Programs

Section 7. The department, in consultation with the department of food and agriculture, shall establish a program to provide for recycling through composting of leaves and other organic matter.
(a) The department shall be authorized to implement regional yard waste and leaf composting projects and shall utilize state-owned land where feasible. The department shall also be authorized to accept applications from municipalities for grants and to award grants to assist in the development of local and regional composting projects. The department shall promulgate rules and regulations for the operation of a state and local yard waste and leaf composting program.
(b) The department of food and agriculture shall establish an agricultural composting program. Said department of food and agriculture is hereby authorized to establish state and local composting projects, to establish a demonstration agricultural composting program, and to accept applications for grants from municipalities for the purposes of creating agricultural composting projects. Said department of food and agriculture shall promulgate rules and regulations for the operation of state, local, and demonstration agricultural composting programs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21h - Solid Waste Facilities › Section 8 - Penalties

Section 8. Any person who violates any provision of this chapter, or any rule or regulation, order, permit, or approval issued or adopted under the provisions of this chapter: (a) shall be punished by a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years 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. Each day each such violation occurs or continues shall be deemed a separate offense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21i - Massachusetts Toxics Use Reduction Act › Section 8 - Responsibilities of All State Agencies

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 environment, agencies of the commonwealth which administer such programs shall:
(A) review the programs and associated regulations of the agency and ascertain how toxics use reduction can be promoted and achieved;
(B) amend those programs or associated regulations, where feasible, so as to promote toxics use reduction as the preferred method for achieving the goals of such programs and submit to the council recommendations for coordinating toxics use reduction efforts with the programs specifically established by this chapter within the department, the office, and the Institute;
(C) by January 1, 1992, coordinate, to the extent feasible, reporting requirements and guidelines concerning the manufacture, use, or release of toxic or hazardous substances in a manner consistent with the recommendations for standardized, consolidated and coordinated state reporting requirements developed by the council pursuant to section four (B) of this chapter;
(D) develop, on a biennial basis, a multi-media inspection manual and training program for all inspectors on multi-media team inspections related to toxics. Where feasible, inspector training shall include cross-training with other agencies that administer toxics-related inspections. Agencies may request that the Institute assist with the training of inspectors to carry out multi-media inspections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21i - Massachusetts Toxics Use Reduction Act › Section 9a - Threshold Amounts for Toxic or Hazardous Substances

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 herein, the threshold amount for a toxic or hazardous substance shall be 25,000 pounds each year at any 1 facility, except the threshold will be 1,000 pounds each year at any 1 facility for a higher hazard substance; and
(B) For toxics users that otherwise use a toxic or hazardous substance, the threshold amount for a toxic or hazardous substance shall be 10,000 pounds each year at any 1 facility, except the threshold will be 1,000 pounds each year at any 1 facility for a higher hazard substance.
(C) If the administrator of the United States Environmental Protection Agency sets a threshold quantity for facility reporting on a toxic or hazardous substance under section 313 of EPCRA which is lower than a corresponding threshold amount specified in subparagraphs (A) or (B), the corresponding threshold for that substance under this chapter shall be the same as the federal threshold.
(D) Upon recommendation of the institute and the board, the council shall have the authority to lower the facility-reporting threshold on a higher hazard substance below that which is specified in subparagraphs (A) and (B).