reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 38a - Clean Waters Scholarship Intern Program

Section 38A. There shall be in the division a clean waters scholarship intern program which shall be administered by the director.
The director, subject to appropriation and grants from other sources, may grant scholarships providing for the payment of room, board, tuition and other fees to any person who is eligible to attend an accredited college or university and who enrolls at such college or university in a course of study leading to an engineering degree satisfactory to the director. In no event shall any student receive such scholarship aid for more than four years.
To be eligible for such scholarship a person shall (1) be a citizen of the United States and a resident of the commonwealth; (2) be a high school graduate or have an equivalent education; (3) have been accepted for admission as a regular student in an accredited college or university approved by the director to pursue a course of instruction satisfactory to the director; (4) contract, with the consent of his parent or legal guardian if he is a minor, with the director or his designated representative, to serve with the division for a period of three years following his graduation, and to serve with the division during the regular periods of summer vacation while attending such college or university except for such vacation periods as the director may establish by regulation; provided however, that the division shall not be liable to pay wages to said student during said vacation periods. Service rendered to the division by a recipient of such a scholarship during the three year period following his graduation, and during the regular periods of summer vacation, and such other vacation periods as the director may establish, shall not be subject to the provisions of chapter thirty-one.
The director may, subject to available appropriations and grants from other sources, establish within the division a program of graduate study for eligible persons wishing to attend any accredited graduate program at a college or university in order to further the training of personnel for the more efficient administration of sections twenty-six to fifty-three, inclusive.
The scholarship awards or aid granted by the director under this section shall be on a competitive basis.
The director may adopt such rules and regulations as he deems necessary to carry out the programs authorized by this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 39 - Reservoirs

Section 39. The water resources commission may, from the proceeds of bond issues authorized for water pollution control, construct or expand reservoirs at locations throughout the commonwealth for the purpose of providing low flow augmentations in time of drought and in such other times as rivers and streams may require additional water flow to carry off treated effluents discharged into said rivers and streams. The commission, in behalf of the commonwealth, may take by eminent domain under chapter seventy-nine or acquire by purchase, gift, or otherwise any land, water rights, or other easements, public or private, necessary for accomplishing the purpose of this section; provided that no taking may be made of water which is used for municipal, agriculture or industrial water supply purposes. The commission may enter into agreements with any federal agency to accept any federal grants that may be available for the aforesaid purpose. Such a reservoir shall not be used for public water supply purposes unless its location, design, and operation, and any subsequent treatment or purification shall be approved by the department of public health.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 40 - Entry Upon Property; Investigation or Inspection; Examination of Records

Section 40. The director, his authorized representative, or personnel of the division of watershed management in the metropolitan district commission or of the Massachusetts Water Resources Authority may enter at reasonable times any property, public or private, for the purpose of investigating or inspecting any condition relating to the discharge or possible discharge of pollutants and may make such tests as may be necessary to determine the existence and nature of such discharge; provided, however, that personnel of said division may investigate or inspect only such conditions as affect the watershed system under the care and control of said division, and provided, further, that personnel of the Massachusetts Water Resources Authority may investigate or inspect only such conditions as affect the sewer and waterworks systems under the care and control of said Authority. He may inspect any monitoring equipment or procedure required by the terms of a permit issued under section forty-three. The director or his authorized representative may examine any records pertaining to operation of treatment works, and any records required to be kept by the terms of a permit issued under said section forty-three.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 41 - Recommendations by Water Resources Commission

Section 41. The water resources commission shall from time to time recommend to the governor and the interstate water pollution control commission programs for interstate river basin water quality control and water pollution abatement, and for interstate compacts with neighboring states to effectuate a river basin approach to water quality control, which programs and compacts shall be aided by federal grants available for the purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 42 - Discharge Into Water; Violations of Chapter, Regulation, Order or Permit; False Representations; Tampering With Monitoring Device or Method; Criminal and Civil Penalties

Section 42. Any person who, directly or indirectly, throws, drains, runs, discharges or allows the discharge of any pollutant into waters of the commonwealth, except in conformity with a permit issued under section 27 or 43; or who violates any provision of this chapter, any valid regulation, order or permit prescribed or issued by the director thereunder; or who knowingly makes any false representation in an application, record, report or plan, or falsifies, tampers with or renders inaccurate a monitoring device or method, required under this chapter, (a) shall be punished by a fine of not less than two thousand five hundred dollars nor more than $50,000 for each day such violation occurs or continues, or by imprisonment for not more than one year, or by both; or (b) shall be subject to a civil penalty not to exceed $50,000 per day of such violation, which may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. This section shall not apply to sections thirty-four B and thirty-four C.
Nothing in this chapter shall be construed as adversely affecting the rights of any person to secure judicial relief against actual or potential waste dischargers under other rules or provisions of law.
No information submitted or made available for inspection in accordance with requirements established by or under this chapter may be used in any criminal proceeding against the individual who submits it, certifies it, or makes it available, except in a prosecution for the making of a false statement or record, or for otherwise failing to comply with reporting or recording requirements under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 44 - Discharge Violations; Orders to Comply

Section 44. (1) Whenever it appears to the director that there are discharges of pollutants without a required permit, or that such discharges are in violation of a permit issued under this chapter, or in contravention of any regulation, standard or plan adopted by the division, the director may order the discharger to apply forthwith for a permit, or for a new permit, or to take other appropriate action under rules and regulations adopted by the director subject to the provisions of chapter thirty A, and to cease and desist from making or allowing further discharges beyond a specified date until compliance with the order is fully achieved. Issuance of an order under this paragraph shall not be deemed an election to forego any action for criminal or civil penalties under section forty-two.
(2) In the event that any condition of a permit for discharges issued under paragraph (9) of section forty-three to publicly owned treatment works is violated, the director may order the violator to prohibit all additional connections to such works from any source not already so connected, until the violation ceases and corrective action specified in the order has been taken. No permits for such connections may be issued while the order remains in effect.
(3) If the director finds, on the basis of information available to him, that an industrial user of publicly owned treatment works is not complying with a system of user charges to which he is subject under the conditions of his permit or under commonwealth or federal law, the director may order him to comply forthwith.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 45 - Proposals to Suspend or Revoke Permit; Cease and Desist Orders; Request for Hearing

Section 45. Any proposal to suspend or revoke a permit, in whole or in part, under paragraph (10) of section forty-three, including any proposed reduction in an authorized discharge, and any cease and desist order under paragraph (1) of section forty-four, shall inform the person to whom it is issued of his right to request, within thirty days, a hearing under the provisions of chapter thirty A. If he fails to make such a request, he shall be deemed to have consented to the order. If a timely request is submitted, the director shall within a reasonable time hold a hearing under 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 21 - Department of Environmental Management › Section 46 - Injunctive Relief; Jurisdiction

Section 46. The attorney general may, upon request of the director, bring action for injunctive relief against any person violating a provision of this chapter, or of any permit, order, regulation or determination issued thereunder, and the superior court in equity shall have jurisdiction to enjoin such violation and to grant such further relief as it may deem appropriate. Notwithstanding any other provision of this chapter, if the director finds that a discharge or combination of discharges presents an imminent and substantial threat to the health, welfare or livelihood of any persons, he shall request the attorney general to bring suit, and the attorney general may bring suit in the superior court to enjoin forthwith the discharges causing such a threat or to require the offending discharges to take such other action as may be necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 46a - Judicial Review; Jurisdiction

Section 46A. Any person aggrieved by an order, permit determination or other action of the director, other than an order consented to, may obtain judicial review by filing an application for review in the superior court within thirty days after receipt of notice of the final decision of the director. The superior court shall have jurisdiction in equity to enforce any order, decision or determination of the director, and any provision of sections twenty-six to fifty-three, inclusive, or regulation issued thereunder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 50 - Terminals; Licenses; Inspections

Section 50. The division shall have the power to license all terminals in the commonwealth for the loading or discharge of petroleum products from vessels, and may issue reasonable rules and regulations in connection therewith for the purposes of protecting the public safety and for preventing the spilling of the liquids into the waters of the commonwealth.
The division shall inspect periodically hoses, gaskets, tanks, pipelines and other equipment to make certain that they are in good operating condition, and may order the renewal of any of such equipment found unfit for further use.
The division may require by rules and regulations that suitable equipment be readily available to remove from the waters of the commonwealth any petroleum or chemical liquids spilled or discharged therein.
The division may require the payment of reasonable fees, designed to cover the costs incurred by the above inspections and its other duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 50a - Oil Terminals; Pollution Prevention; Revocation of License

Section 50A. Notwithstanding the provisions of section fifty, every owner or operator of an oil terminal or wharf shall employ a trained crew and have a boom, on terminal property or readily available under a plan with other persons complying with the law or rules and regulations of the division and of a design approved by the division, which is capable of encircling any ship or vessel depositing oil into tanks or other receptacles at such terminal or wharf, and which is designed to prevent seepage, overflow or excess oil from polluting or contaminating any lake, river, harbor, tidal water or flats. If the director finds that because of the negligence of such owner, operator or one of his agents or servants repeated seepage, overflow or excess oil has contaminated any lake, river, harbor, tidal water or flats, he shall require every such owner or operator to encircle every ship or vessel depositing oil at his wharf or terminal with such a boom. The authority granted to the director under the preceding sentence shall not be construed to diminish his powers to regulate and control oil spillage, including his power to require the use of booms, granted by section fifty. The owner or operator of any such wharf or terminal shall remove any oil held within such boom prior to a ship or vessel leaving the same. A license issued under section fifty to operate a terminal may be revoked for violation of any of the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 50b - Definitions Applicable to Secs. 50c to 50e

Section 50B. As used in sections 50C to 50E, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meaning:—
''Area of special interest'' any water of the commonwealth that is found by the secretary of environmental affairs to contain 1 or more immobile obstacles to navigation, abut or include areas of critical environmental concern, are designated as an estuary of national significance, abut or include habitat for endangered species, abut or include public recreation areas, support shell fishing, fin fishing or tourist industries or abut or include sensitive public safety areas. Such waters shall include, but not be limited to, Buzzards bay, Vineyard sound and Mount Hope bay.
''Department'', the department of environmental protection.
''Discharge'', any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, releasing, dumping or disposing into the environment.
''Hazardous material'', material including, but not limited to, material, in whatever form, which, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any other substance, constitutes a present or potential threat to human health, safety or welfare or to the environment. The term shall also include all those substances which are included under 42 USC Sec. 9601(14), but shall not be limited to those substances.
''Hazardous waste'', a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety or welfare or to the environment.
''Oil'', insoluble or partially soluble oil of any kind or origin or in any form including, but not limited to, crude or fuel oil, lube oil or sludge, asphalt and soluble or partially soluble derivatives of mineral, animal or vegetable oil.
''Vessel'', every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 50c - Vessel; Certificate of Financial Assurance

Section 50C. (a) Any vessel, whether or not self-propelled, in or entering upon the waters of the commonwealth for the purpose of transporting, discharging or receiving a cargo of oil, hazardous material, or hazardous waste, shall be subject to the financial assurance requirements and penalty authority as provided in subsections (b) to (d), inclusive.
(b) A certificate of financial assurance obtained individually or jointly by the vessel, its owner or agent, its charterer, or by the owner or operator of the terminal at which the vessel discharges or receives its cargo, shall be provided to the department in the amount of at least $1,000,000,000. Vessels with a capacity of less than 6,000 barrels shall present a certificate of financial assurance to the department of environmental protection in the amount of $5,000,000. A copy of the financial assurance shall be posted on the vessel.
(c) For the purposes of this chapter, a certificate of financial assurance shall be demonstrated by evidence of insurance, surety bond, letter of credit, qualifications as a self-insurer or any combination thereof or other evidence of financial assurance approved by the commissioner.
(d) The department may allow financial assurance in a lower amount based upon criteria that includes, but is not limited to, the type and amount of the above cargo transported by the vessel; the size and construction of the vessel, including whether the vessel is double hulled; the safety record of the vessel or the vessel owner, the loss or accident history of the vessel or vessel owner involving maritime spills and the safety equipment used by the vessel. The financial assurance shall be in a form approved by the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 50d - Maritime Spill Incident; Hazardous Materials; Environmental Police Officers

Section 50D. For the purpose of investigating a maritime spill incident resulting in, or reasonably likely to result in, either directly or indirectly, a discharge of oil, hazardous material, or hazardous waste, to the waters of the commonwealth, the environmental police officers of the office of environmental law enforcement of the executive office of environmental affairs may board and inspect any vessel. Such inspection may include, but shall not be limited to, inspecting copies of the financial assurance and bond required pursuant to section 50C, and may require the operator of such vessel to give his true and correct name and address and present a current and valid form of identification. Whoever attempts to prevent an officer from boarding such vessel for the purpose of inspecting, or whoever attempts to prevent such officer from making an inspection of such vessel, or otherwise violates section 38 of chapter 90B shall be punished by a fine of $5,000. The office of law enforcement within the executive office of environmental affairs, by regulation, may authorize other law enforcement officers to board and inspect a vessel, if the other law enforcement officers have relevant training, experience and equipment to conduct such activities. Such other law enforcement officers may include harbor masters and assistant harbor masters, police officers assigned to harbor patrol, fish and game wardens, members of the state police and city and town police officers assigned to patrol the waters of the commonwealth.
The superior court shall have jurisdiction to enforce this section and sections 50B and 50C.
The department may adopt rules and regulations to implement sections 50B and 50C. The office of law enforcement may adopt rules and regulations to implement this section 50D.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 50e - Waters of the Commonwealth; Areas of Special Interest

Section 50E. The secretary of environmental affairs or his designee shall identify specific ''areas of special interest'' within the waters of the commonwealth as defined in section 50B to include or exclude areas based on scientific research and observation regarding areas of critical environmental concern and endangered species habitat or based on economic dependence or public safety concerns. Such areas may be identified by geographic boundaries and may be mapped for use by mariners. The secretary may promulgate rules and regulations for the designation of areas of special interest within the waters of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 51 - Coordination With Federal Government and Local Authorities; Agreements

Section 51. The division shall represent the commonwealth in its relations with the federal government and with cities, towns and authorities in all matters relating to oil pollution in the waters of the commonwealth or off-shore waters. It may enter into agreements with said agencies to coordinate supervisory activities and, subject to appropriation, to share reasonable costs.
It may contract with public or private individuals, concerns or agencies for such protective and clean-up services as it may require.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 52a - Waste Oil Retention Facilities; Installation and Maintenance

Section 52A. Every automobile service station, marina serving powered watercraft and retail outlet selling automobile lubricating oil shall, no later than June thirtieth, nineteen hundred and seventy-four, install on the premises and maintain waste oil retention facilities, properly sheltered and protected to prevent spillage, seepage or discharge of the waste oil into storm or sanitary sewers or into the waters of the commonwealth. Every such station, marina and other such outlet shall be required to accept at no additional charge, waste oil in quantities not exceeding two gallons per day from any individual with sales receipts or other proof of purchase from such outlet. Every such station, marina and other such outlet shall periodically remove or have removed the accumulated waste oil so as not to violate any water pollution control or other statute or regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 53 - Short Title; Investigation and Prosecution of Violations

Section 53. Sections twenty-six to fifty-three, inclusive, shall be known and referred to as the Massachusetts Clean Waters Act and the officers of the division of law enforcement shall, upon request of the water resources commission or the division of water pollution control, investigate and prosecute violations of law, orders or rules and regulations relating to said act.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 53a - Sewer Charges; Base Rate

Section 53A. All municipalities or sewer districts within the jurisdiction of the Massachusetts Water Resources Authority, but not including communities serviced by the Connecticut Valley Aqueduct shall institute sewer charges and fees that incorporate a base rate for all users; provided, however, that said base rate shall be increased at an increasing rate to fairly reflect the resource demand and discharge of high volumes of sewage.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 55 - Cooperation With Other Governmental Units; Agreements; Federal and Private Grants

Section 55. Said director with the approval of the department shall cooperate with all departments, boards, officials and institutions of the commonwealth and its political subdivisions that may in any way be concerned with matters under its supervision; cooperate and consult with adjoining states and with the United States, or any agency thereof; enter into agreements relative to the federal administration and enforcement of off-shore exploration and extraction beyond the marine jurisdiction of the commonwealth; and may apply for, receive and expend such federal grants or reimbursements or private grants as may be available therefor in carrying out the duties of the division.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 56 - License and Lease Requirements; Violations; Penalties; Enforcement

Section 56. No person shall explore by seismic, electronic or any other method for mineral resources on or in said coastal waters or lands thereunder without a license from said director. No person shall, except for purposes of exploration permitted under a license, extract mineral resources from said coastal waters or lands thereunder without a lease issued by said director. Any person violating any provision of this section shall be punished by a fine of not more than ten thousand dollars and, in addition thereto, any equipment, vehicles, boats and appurtenances used in said violation shall be liable to seizure and forfeiture. Any person violating any rule or regulation of the director shall be punished by a fine of not more than one thousand dollars, and his license or lease, if any, shall be subject to revocation or suspension. Violations committed within the coastal waters may be prosecuted in any district which has venue over coastal waters. The division of law enforcement shall enforce the laws, rules and regulations relating to mineral resources.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 59 - Watershed Preservation Restrictions Program

Section 59. (a) The secretary of environmental affairs shall establish a program to assist the commonwealth in the acquisition of watershed preservation restrictions, as defined in section 31 of chapter 184, for land classified as watershed land as defined in regulations to be promulgated by the department of conservation and recreation.
(b) The commissioner of the department of conservation and recreation, the ''commissioner'', may from funds appropriated to carry out the provisions of this section, or received from other sources, pay the owner of watershed lands which he determines to be beneficial to the maintenance of the water supply of the commonwealth an amount determined to be equitable but not to exceed the difference between the fair market value of such land and the fair market value of such land restricted for watershed purposes pursuant to this section. Title to such watershed preservation restrictions shall be held in the name of the commonwealth; provided, however, that a city or town in which such land is located, which provides assistance satisfactory to the commissioner, including but not limited to providing of funds or portions thereof toward the purchase of such restriction, the providing of legal services and the enforcement of the preservation restriction, shall hold title to such restrictions jointly with the commonwealth.
(c) Watershed preservation restriction projects shall be administered by conservation commissions in cities and towns in which such commissions have been established, or in a city, by the city council or its delegated agency subject to the provisions of the city charter, or in a town, by the board of selectmen or its delegated agency. The commissioner, subject to the approval of the secretary of environmental affairs, shall establish procedures for the management of such programs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 60 - Watershed Lands Preservation Committee

Section 60. There is hereby created a watershed lands preservation committee in the department of conservation and recreation, the members of which shall be the commissioner of conservation and recreation, the secretary of environmental affairs, the director of the Massachusetts Water Resources Authority, the director of the division of water supply in the department of environmental protection, 1 member appointed by the speaker of the house, 1 member appointed by the minority leader of the house, 1 member appointed by the president of the senate, 1 member appointed by the minority leader of the senate, and 2 members appointed by the governor, 1 of whom shall represent an organization dedicated to conservation of natural resources and 1 of whom shall have expertise in the field of hydrology. The committee shall advise the commissioner of the department of conservation and recreation on the evaluation of projects and shall advise the commissioner on any rules or regulations necessary to carry out the intent of the watershed preservation restriction program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 61 - Watershed Preservation Restrictions Program; Annual Report

Section 61. The commissioner of conservation and recreation shall prepare an annual report on the watershed preservation restriction program. The report shall include the number and geographic distribution of applicants accepted and rejected, the acreage and cost of purchase and such other information as will enable evaluation of the program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 63 - Surveys, Soundings, Drillings or Examinations

Section 63. Whenever the department deems it necessary to make surveys, soundings, drillings or examinations to obtain information for or to expedite the construction of its watershed system, parks, recreational facilities or other projects under its jurisdiction, the department, its authorized agents or employees, may, after due notice by registered or certified mail, enter upon any lands, waters and premises in the commonwealth for the purpose of making surveys, soundings, drillings and examinations as they may deem necessary or convenient for the purposes of this section, and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may then be pending. The department shall make reimbursement for any injury or actual damage resulting to such lands, waters and premises caused by any act of its authorized agents or employees and shall, so far as possible, restore such lands to the same condition as prior to the making of such surveys, soundings, drillings or examinations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 64 - Annual Report on Dams

Section 64. The commissioner of conservation and recreation, in conjunction with the commissioner of fish and game, the division of fisheries and wildlife, and the riverways program, or any successor agencies, shall annually, on or before June 30, submit a detailed report on all dams, whether on public or private property, to the joint committee on environment, natural resources and agriculture and to the senate and house committees on ways and means. The report shall include (1) a comprehensive list of each person, agency, municipality or entity that owns and operates a dam and the location of each dam where such ownership or operation is registered with the department; (2) a list of specific owners who have failed to meet regulatory requirements including, but not limited to, registration and inspection requirements; (3) the hazard classification status of any dams that pose a threat to public health, safety, welfare, property or the environment and when or whether any such dam has been repaired; (4) a comprehensive list of dams that are abandoned as defined in section 44 of chapter 253; and (5) a comprehensive list of dams, the existence, condition or operation of which poses a threat to freshwater animal and plant and resident or migratory fish species habitat or movement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 65 - Emergency Action Plans for High and Significant Hazard Dams; Inspection Schedule; Review of Hazard Classification

Section 65. (a) As used in this section and section 66, the following words shall, unless the context clearly require otherwise, have the following meanings:—
''High hazard dam'', a dam located where structural failure will likely cause loss of life and serious damage to homes, industrial or commercial facilities, essential public utilities, main highways or railroads.
''Low hazard dam'', a dam located where structural failure may cause minimal property damage and loss of life is not expected.
''Significant hazard dam'', a dam located where structural failure may cause loss of life and damage to homes, industrial and commercial facilities, secondary highways or railroads or interruption of use of service of relatively important facilities.
(b) The department shall ensure that emergency action plans shall be developed for all high hazard dams and significant hazard dams. The department shall establish and make available to dam owners an emergency action plan template. The department shall ensure that necessary local and state dam safety officials have immediate access to such plans in the event of a potential dam failure.
(c) The department shall develop an inspection schedule to ensure that all high hazard dams are inspected at least every 2 years, all significant hazard dams are inspected at least every 5 years and all low hazard dams are inspected at least every 10 years.
(d) The department shall review the hazard classifications of dams at least every 10 years to ensure the accuracy of the dam classification. Requests for review of the hazard classification of a dam shall be made at the expense of the owner of the dam.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 66 - Interagency Support for Duties Under Secs. 64 and 65 and Secs. 44 to 48b of Chapter 253

Section 66. The department may consult with and receive inspection and other support from the department of fish and game, the division of fisheries and wildlife and the riverways program, or any successor agencies, to accomplish its duties pursuant to sections 64 and 65 of this chapter and sections 44 to 48B, inclusive, of chapter 253.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21 - Department of Environmental Management › Section 67 - System Interruption Devices Required for Newly Installed or Renovated Irrigation Systems to Override and Suspend Programmed Operation of Irrigation System During Periods of Sufficient Moisture; Regulations; Inapplicable to Systems Operating on Agricultural Lands

Section 67. (a) For the purposes of this section, ''irrigation system'' shall mean any assemblage of components, materials or special equipment, which are constructed and installed underground or on the surface, for controlled dispersion of water from any safe and suitable source for the purpose of irrigating landscape vegetation or the control of dust and erosion on landscaped areas and shall include integral pumping systems and required wiring within that system and connections to a public or private water supply system; provided, however, that an irrigation system shall not include plumbing, as defined in section 1 of chapter 142, or a plumbing system.
(b) The department of environmental protection shall promulgate regulations that require system interruption devices for newly installed or renovated irrigation systems to override and suspend the programmed operation of the irrigation system during periods of sufficient moisture. The department shall specify the criteria for the system interruption devices. The regulations shall: (i) be in accordance with generally accepted standards of irrigation practice; (ii) include a requirement that system interruption devices be inspected at least every 3 years by an irrigation contractor certified and in good standing with a nationally recognized association; and (iii) require each irrigation contractor to complete and submit documentation, along with a reasonable fee, which shall reflect the costs of accepting and processing such documentation, to the municipality for each newly installed or renovated irrigation system within the municipality. The department may impose reasonable fines on an irrigation contractor for a violation of the regulations promulgated under this section.
(c) This section shall not apply to systems operating on agricultural lands.
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 1 - Creation; Secretary; Acting Secretary; Undersecretary

Section 1. There shall be an executive office of energy and environmental affairs, hereinafter called the office, which shall be under the supervision of a secretary of energy and environmental affairs, hereinafter called the secretary. Said secretary shall be appointed by the governor and shall be a person of skill and experience in the field of environmental affairs. Said secretary shall serve at the pleasure of the governor, shall receive such salary as may be determined by law, and shall devote full time to the duties of his office.
In the case of a vacancy in the office of secretary, or in the case of disability, as determined by the governor, or in his absence, the governor may designate an acting secretary to serve as secretary until the vacancy is filled or the absence, or disability, as determined by the governor, ceases. The acting secretary shall have all the powers and duties of the secretary and shall have similar qualifications as the secretary.
The secretary shall, with the approval of the governor, appoint and may remove, an undersecretary of the executive office, hereinafter called the undersecretary. Said undersecretary shall be a person of skill and experience in the fields of administration and environmental affairs, and shall perform such duties as may be assigned by the secretary. The position of undersecretary shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Said undersecretary shall receive such salary as may be determined by law and shall devote full time during business hours to the duties of his 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 2a - Compromise or Settlement of Claims for Damages for Injury and for Destruction or Loss of Natural Resources; Authority of Secretary

Section 2A. The secretary shall be the state natural resource trustee and may compromise or settle any claim for damages for injury and for destruction or loss of natural resources, including the costs of assessing and evaluating the injury, destruction or loss, incurred or suffered as a result of a release or threat of release, under section 5 of chapter 21E, 42 U.S.C. § 9607(f) 33 U.S.C. § 2706 and other applicable law in accordance with this section. If any such claim, including the costs of assessment, is valued at less than $100,000, or at a higher amount determined in writing by the attorney general, the secretary may settle and compromise the claim if the secretary has given written notice and all pertinent information regarding the settlement to the attorney general or his designee at least 30 days before execution of the settlement. The secretary may settle and compromise claims valued at greater than $100,000, or at a higher amount determined in writing by the attorney general, only with the prior written approval of the attorney general or his designee.
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 3 - Functions of Secretary; Report

Section 3. The secretary shall conduct comprehensive planning with respect to the functions of the office and shall coordinate the activities and programs of the departments and divisions within the office. He shall continually review the operations of the office with a view toward improving administrative organization, procedures and practices, promoting economy and efficiency.
He shall prepare annually a report of the organization and activities of the office as individually reported by the various departments and divisions within the office, the assignment of functions to various administrative units, officers and employees, and of the established places at which, and the methods whereby, the public may receive information or may make requests, and such other matters as he deem appropriate.
The secretary shall annually evaluate the status of the natural resources of the commonwealth. This evaluation shall be submitted as a part of the report referred to in the preceding paragraph, and it shall be accompanied by recommendations for appropriate actions to be taken to protect the environmental quality of the commonwealth or to conserve and preserve the natural resources of the commonwealth.
In order to carry out the provisions of this chapter the secretary may, and is encouraged to, seek the laboratory, technical, education, and research skills and facilities of state institutions of higher learning.
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 4 - Powers and Duties of Secretary

Section 4. In order to enable him to coordinate and improve the operations of all departments, divisions and other administrative units within the office, the secretary shall have the following powers and duties concerning any power or duty assigned to any such department, division or other administrative unit:
(1) the power and duty to resolve administrative and jurisdictional conflicts between any such agencies or officers;
(2) the power and duty to implement, upon request of any such agency or officer, programs jointly agreed to by the secretary and such agency or officer;
(3) the power and duty to coordinate and improve program activities involving two or more such agencies or officers;
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 4a - Coastal Zone Management Office

Section 4A. There is hereby established within the executive office of environmental affairs a coastal zone management office which shall be administered by a director who shall be appointed and may be removed by the secretary. The director shall be a person of skill and experience in the field of coastal zone management. The director shall appoint all necessary employees within his office, except as may be otherwise provided by law. The positions of director and of any employees of the office shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty.
The secretary shall direct the coastal zone management office, consistent with state law, to adopt, and from time to time amend rules, regulations, procedures, standards, guidelines, and policies which shall constitute the Massachusetts coastal zone management program. The purpose of the program shall be to secure for the inhabitants of the commonwealth the objectives and benefits of the federal Coastal Zone Management Act, 16 USC 1451 et seq.
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 5 - Program Review Boards; Appointment; Reports; Expenses

Section 5. The secretary shall have the power to appoint one or more program review boards consisting of individuals who have demonstrated interest and competence in matters relevant to the area under review so that each major program area within the office shall be reviewed by such a board not less than once every four years. The written reports of such reviews shall be submitted to the secretary and shall be available to the public upon request. The members of such boards shall receive no compensation but shall be reimbursed for expenses necessary to the performance of their duties.