General Laws of Massachusetts - Chapter 21E Massachusetts Oil and Hazardous Material Release Prevention and Response Act
- Massachusetts General Laws - Short title - Chapter 21E, Section 1
This chapter shall be known and may be cited as the “Massachusetts Oil and Hazardous Material Release Prevention Act”.
- Massachusetts General Laws - Definitions - Chapter 21E, Section 2
As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Activity and use limitation”, a restriction,...
- Massachusetts General Laws - Implementation; regulations; response actions - Chapter 21E, Section 3
(a) The department shall take all action appropriate to secure to the commonwealth the benefits of FWPCA, CERCLA and other pertinent federal laws including the...
- Massachusetts General Laws - Timetables and specifications for action at disposal sites - Chapter 21E, Section 3A
The following timetable and specifications shall apply to the activities of the department in implementing this chapter. (a) By May 1, 1987 the department shall...
- Massachusetts General Laws - Permit application fees; annual compliance assurance fees - Chapter 21E, Section 3B
Notwithstanding any general or special law to the contrary, the department may, by regulation, establish permit application fees payable by all persons filing applications for...
- Massachusetts General Laws - Response actions; assessment, containment and removal; liability of persons providing care, assistance or advice - Chapter 21E, Section 4
The department, whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of...
- Massachusetts General Laws - Notification of response action; procedure; civil action - Chapter 21E, Section 4A
(a) Any person other than the department who has undertaken, is undertaking, or intends to undertake a necessary and appropriate response action or who is...
- Massachusetts General Laws - Persons liable - Chapter 21E, Section 5
(a) Except as otherwise provided in this section, (1) the owner or operator of a vessel or a site from or at which there is...
- Massachusetts General Laws - Administrative record; selection and review of response actions; regulations - Chapter 21E, Section 5A
The department may establish an administrative record upon which the department shall base the selection of a response action in those cases where (i) the...
- Massachusetts General Laws - Judicial review of response actions - Chapter 21E, Section 5B
No court shall have jurisdiction to review any issue concerning the adequacy of any response action in those cases where the department itself, or acting...
- Massachusetts General Laws - Exemption from liability for release of oil or hazardous material at a site for which a permanent solution or remedy operation status exists - Chapter 21E, Section 5C
(a) An eligible person shall be exempt from liability to the commonwealth or to any other person for contribution, response action costs or property damage...
- Massachusetts General Laws - Exemption from liability for release of oil or hazardous material for persons who did not cause or contribute to the release - Chapter 21E, Section 5D
(a) A person who would otherwise be liable for a release of oil or hazardous material solely pursuant to clause (1) of paragraph (a) of...
- Massachusetts General Laws - Department requirements for prevention and control of releases; restrictions on property; notice; liability - Chapter 21E, Section 6
The department may specify reasonable requirements, applicable to sites and vessels where releases of hazardous material or oil might occur and to activities which might...
- Massachusetts General Laws - Notice of release or threat of release - Chapter 21E, Section 7
Any owner or operator of a site or vessel, and any person otherwise described in paragraph (a) of section 5, and any fiduciary, city, town,...
- Massachusetts General Laws - Entry on, and investigation and inspection of sites and vessels - Chapter 21E, Section 8
For the purpose of the administration and enforcement of this chapter and for the protection of public health, safety, or welfare, or the environment, authorized...
- Massachusetts General Laws - Orders to conduct assessment, containment or removal - Chapter 21E, Section 9
Whenever it has reason to believe that oil or hazardous material has been released or that there is a threat of release of oil or...
- Massachusetts General Laws - Orders; review - Chapter 21E, Section 10
The issuance of an order pursuant to section nine shall be subject to the following provisions. The department shall, in its sole discretion, choose which...
- Massachusetts General Laws - Violations; penalties; actions to recover costs - Chapter 21E, Section 11
Any violation of this chapter, or of any regulation adopted or order issued thereunder, shall be presumed to constitute irreparable harm to the public health,...
- Massachusetts General Laws - Civil actions - Chapter 21E, Section 11A
Notwithstanding any other general or special law to the contrary, civil actions pursuant to this chapter shall be brought in accordance with the following deadlines:...
- Massachusetts General Laws - Confidentiality of information, records or reports - Chapter 21E, Section 12
Notwithstanding the provisions of any law to the contrary, any information, record, or particular part thereof, obtained by the department, its personnel or contractors pursuant...
- Massachusetts General Laws - Liens on property of persons liable; priority; releases - Chapter 21E, Section 13
Any liability to the commonwealth under this chapter shall constitute a debt to the commonwealth. Any such debt, together with interest thereon at the rate...
- Massachusetts General Laws - Response actions at sites; meetings; public notice and participation - Chapter 21E, Section 14
(a) Upon written petition of ten or more residents of a municipality in which a site is located, or of a municipality potentially affected by...
- Massachusetts General Laws - Citizen enforcement - Chapter 21E, Section 15
In any suit by Massachusetts residents to enforce the requirements of this chapter, or to abate a hazard related to oil or hazardous materials in...
- Massachusetts General Laws - Response action contractor liability - Chapter 21E, Section 16
(a) A response action contractor with respect to any release or threatened release of oil or hazardous material shall not be strictly liable under this...
- Massachusetts General Laws - Indemnification agreements to hold harmless response action contractor - Chapter 21E, Section 17
(a) The commonwealth may enter into an indemnification agreement to indemnify and hold harmless any response action contractor who meets the requirements of this section...
- Massachusetts General Laws - Regulations - Chapter 21E, Section 18
Any agency of the commonwealth is authorized to promulgate regulations as it deems necessary for the implementation and administration of sections sixteen and seventeen subject...
- Massachusetts General Laws - Office of brownfields revitalization - Chapter 21E, Section 19
(a) There is hereby created an office of brownfields revitalization, under the direct supervision and control of the governor. Said office of brownfields revitalization shall,...
- Massachusetts General Laws - Distance of LNG import terminal from certain establishments - Chapter 21E, Section 20
A LNG import terminal shall have a minimum distance of 5,000 feet from the center of the LNG tank to the nearest residential home, elderly...
- Massachusetts General Laws - Distance of LNG tankers traveling by waterway from certain establishments - Chapter 21E, Section 21
A LNG tanker shall have a 1,500 foot clearance along the shore, as it travels any Massachusetts waterway, from the hull to the nearest residential...
- Massachusetts General Laws - Liability for presence, release or threat of release of oil or any hazardous material related to a dam - Chapter 21E, Section 22
Notwithstanding any general or special law to the contrary, no municipality or public entity shall be liable under this chapter for, or related to, the...
Last modified: September 11, 2015