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HOUSE DOCKET, NO. 156 FILED ON: 1/10/2023
HOUSE . . . . . . . . . . . . . . . No. 802
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William C. Galvin
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the siting of facilities dealing with refuse.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/10/2023Thomas M. Stanley9th Middlesex2/6/2023Michelle M. DuBois10th Plymouth2/8/2023 1 of 9
HOUSE DOCKET, NO. 156 FILED ON: 1/10/2023
HOUSE . . . . . . . . . . . . . . . No. 802
By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 802) of
William C. Galvin, Thomas M. Stanley and Michelle M. DuBois relative to the siting of refuse
facilities. Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 916 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the siting of facilities dealing with refuse.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 150A of chapter 111 of the General Laws, as appearing in the 2012
2Official Edition, is hereby amended , in lines 1 through 111, by striking out the first through
3tenth paragraphs , inclusive, and inserting in place thereof the following 15 paragraphs:-
4 Section 150A. As used in this section and in section one hundred and fifty A1/2 the
5following words shall, unless the context otherwise requires, have the following meanings:—
6 “Department”, the department of environmental protection.
7 “Facility”, a sanitary landfill, a refuse transfer station, a refuse incinerator rated by the
8department at more than one ton of refuse per hour, a resource recovery facility, a refuse 2 of 9
9composting plant, a dumping ground for refuse or any other works for treating, storing, or
10disposing of refuse.
11 “Facility Density Zone”, a geographical area or zone where 5 or more existing facility
12sites are situated, in part or whole, within 4 miles of a proposed new or expanded facility site, to
13be measured from the nearest boundary point. Additionally, an existing facility site for the
14purposes of this definition shall include, (i) the proposed facility site, if being expanded, and (ii)
15the site of another proposed facility where a site assignment was made by the local board of
16health or department within the last 3 years, provided no permit to establish, construct or expand
17the other facility was issued by the department. A proposed facility shall be deemed as within
18such area or zone, if the defined requisite numbers of existing facility sites are located within 4
19miles of a boundary of the proposed facility site.
20 “Local board of health”, the board of health of the municipality where, the proposed new
21facility or expanded facility is planned to be located or sited, or the existing facility is located or
22sited.
23 “Refuse”, all solid or liquid waste materials, including garbage and rubbish, and sludge,
24but not including sewage, and those materials defined as hazardous wastes in section two of
25chapter twenty-one C and those materials defined as source, special nuclear or by-product
26material under the provisions of the Atomic Energy Act of 1954.
27 “Maintain”, to establish, keep or sustain the presence of a facility on a site, whether or
28not such facility is in operation and whether or not such facility has been closed.
29 “Secretary”, the secretary of the executive office of environmental affairs and energy. 3 of 9
30 No place in any city or town shall be maintained or operated by any person, including
31any political subdivision of the commonwealth, as a site for a facility, or as an expansion of an
32existing facility, unless, after a public hearing, such place has been assigned by the local board of
33health of such city or town in accordance with the provisions of this section, or, in the case of a
34facility owned or operated by an agency of the commonwealth, such place has been assigned by
35the department after a public hearing and unless public notice of such assignment has been given
36by the board of health or the department, whichever is applicable.
37 The determination by the local board of health, or the department in the case of a state
38agency, of whether to assign a place as a site for a facility, or for the expansion of an existing
39facility, shall be based upon the site suitability criteria established by the department in
40cooperation with the department of public health pursuant to section one hundred and fifty A 1/2,
41and any site assignment shall be subject to such limitations with respect to the extent, character
42and nature of the facility or expansion thereof as may be necessary to ensure that the facility or
43expansion thereof will not present a threat to the public health, safety or the environment.
44 Any person desiring to maintain or operate a site for a new facility or the expansion of an
45existing facility shall submit an application for a site assignment to the local board of health and
46simultaneously provide copies to the department and the department of public health. A copy of
47the application for site assignment shall be filed with the board of health of any municipality
48within one-half mile of the proposed site. Any municipality within such one-half mile shall be
49afforded all the procedural rights of an abutter for the purpose of administrative review by the
50department or public hearing by the board of health where the proposed site is located, in
51addition to any other procedural rights specified under this section. The department shall, upon
52request by the local board of health, provide advice, guidance and technical assistance to said 4 of 9
53board during its review of a site assignment application. The department and a board of health
54may enter into such other cooperative agreements in addition to those herein specified for the
55purpose of achieving an effective and expeditious review of the application. The local board of
56health may charge a reasonable application fee to cover the costs of conducting a hearing and
57reviewing technical data submitted to the board. The application fee may also include a portion
58of the reasonable costs of other technical assistance. The application fee shall be established in
59accordance with rules and regulations promulgated by the department.
60 Within 90 days of receipt of the application, the department shall issue a report stating
61whether the proposed site meets the criteria established under section 150A1/2 for the protection
62of the public health and safety and the environment. As part of the report, the department shall
63list the type and location of any existing facility within 4 miles of the proposed facility site and,
64if applicable, certify the site is located within a facility density zone. Any such reports shall be
65made available to the public in a timely manner prior to any public hearing concerning the site
66application. A copy of the report shall be sent to the board of health in which such facility is
67located and the board of health of each municipality located within one-half mile of the proposed
68facility site.
69 Within 90 days of receipt of said application, the department of public health shall review
70said application and comment thereon as to any potential impacts of a site on the local and
71regional public health and safety. The department of public health shall, in addition to its
72comment, make or cause to be made a public report, in writing, as it relates to an expansion of an
73existing facility or the assignment of a place as a site for a facility and provide said report with
74its written comments to the board of health in which such facility is located and the board of
75health of each municipality located within one-half mile of the proposed facility site. The 5 of 9
76department of public health shall coordinate and cooperate with a board of health on any matter
77relating to said public health report.
78 Within 30 days of receipt of both the department and department of public health reports,
79the board of health of any other municipality within one-half mile of a proposed new or
80expanded facility site, may, if the site is within a facility density zone, hold a public hearing to
81consider the public health and safety impacts of the proposed facility on its community. Within
8230 days of any initial hearing, such board may, render a written determination on the suitability
83of the proposed facility. Any determination of non-suitability by the board of health shall include
84a statement of the specific reasons thereof, in fact or law, based on the criteria set forth under
85clauses 1 through 14, inclusive, of section 150A ½, as determined by the board to adversely
86impact the public health or safety of the community. Any such board rendering a determination
87shall publish notice of the determination with its entire statement and provide a copy to: (i) the
88department; (ii) department of public health; and (iii) the board of health of the municipality
89where the facility is proposed to be sited.
90 Any person, including a political subdivision of the commonwealth, desiring to establish
91a new facility or expand an existing facility under this section, shall file a written notification
92with the secretary for a determination of whether an environmental review is required for the
93proposed facility under the Massachusetts Environmental Policy Act, established under sections
9461 through 62I, inclusive, of chapter 30, subject to the provisions of this section; provided, that
95the new or expanded capacity for the facility, is 50 tons or more, per day of refuse, unless the
96proposed site location is within a facility density zone. The notification shall be made in the
97manner prescribed by the secretary, no later than 10 days after making an application for site
98assignment to the local board of health. An environmental impact report shall be mandatory for a 6 of 9
99proposed new or expanded facility without exception or waiver, where, (i) the facility site is
100located in a facility density zone and the facility’s planned new or expanded capacity is 20 tons
101or more, per day of refuse, or (ii) the facility’s planned new or expanded capacity is 150 tons or
102more, per day of refuse. Each environmental impact report for such new or expanded facility
103shall include a detailed assessment of the siting criteria set forth under section 150A ½. The
104secretary shall, in his review and decision to accept or certify, the impact report whether in draft
105or final form, additionally consider any adverse local and regional public health and safety and
106environmental impacts of such proposed new or expanded facility as evidenced by any reports
107issued by the department and department of public health, and determination of non-suitability
108by any board of health in accordance with this section.
109 Notwithstanding any other law, regulation or rule to the contrary, where a proposed new
110or expanded facility is owned or operated by an agency of the commonwealth, an environmental
111impact report shall be mandatory under the Massachusetts Environmental Policy Act, without
112exception or waiver, where the siting or capacity of such facility meets the same requirements
113specified under clause (i) or (ii) of the prior paragraph. Such report shall include a detailed
114assessment of the siting criteria for the proposed facility as set forth under section 150A ½.
115 Within 30 days after the secretary’s determination that an environmental impact report is
116not required, or if so required, after the secretary approves the report, the local board of health
117shall, prior to its decision on site assignment, hold a public hearing satisfying the requirements of
118chapter thirty A. If notification to the secretary is not required under the second preceding
119paragraph, said hearing shall be held within 30 days of the board’s receipt of both the department
120and department of public health reports. 7 of 9
121 Within forty-five days of the initial date of such hearing, the local board of health shall
122render its decision on whether to assign a site for a facility, in writing, accompanied by a
123statement of reasons therefor and publish notice of said decision including determinations of
124each issue of fact or law necessary to the decision.
125 No assignment shall be granted by the local board of health unless the department’s
126report and the environmental impact report affirm that the siting criteria of said section one
127hundred and fifty A1/2 have been met by the proposed site. The local board of health shall
128consider the concerns, if any, relative to the public health and safety cited by the department of
129public health and a board of health of any municipality that is within one-half mile of a proposed
130facility site. A local board of health shall assign a place requested by an applicant as a site for a
131new facility or the expansion of an existing facility unless it makes a finding, based on the siting
132criteria established by said section one hundred and fifty A 1/2, that the siting thereof would
133constitute a danger to the public health or safety or the environment.
134 Any person aggrieved by a decision of (i) a local board of health in assigning or refusing
135to assign a place as a site for a new facility, or expanding or refusing to expand an existing
136facility, except a resource recovery facility in operation or under construction prior to July first,
137nineteen hundred and eighty-seven, or (ii) a board of health on the suitability of a proposed
138facility that is planned to be located or sited within one-half mile outside the municipality, may,
139within thirty days of the publication of notice of such decision, appeal under the provisions of
140section fourteen of chapter thirty A. For the limited purposes of such an appeal, a local board of
141health under clause (i) or other board of health under clause (ii), shall be deemed to be a state
142agency under the provisions of said chapter thirty A and its proceedings and decision shall be
143deemed to be a final decision in an adjudicatory proceeding. 8 of 9
144 No facility shall be established, constructed, expanded, maintained, operated or devoted
145to any past closure as defined by regulation unless detailed operating plans, specifications, any
146public health reports and necessary environmental reports have been submitted to the
147department, the department has granted a permit for the facility and notice of the permit is
148recorded in the registry of deeds, or if the land affected thereby is registered land in the registry
149section of the land court for the district wherein the land lies. Within 120 days after the
150department is satisfied that the operating plans, specifications and reports are complete, the
151department shall make a decision granting or refusing to grant a permit. The permit may limit or
152prohibit the disposal of particular types of solid waste at a facility in order to protect the public
153health, promote reuse, waste reduction and recycling, extend the useful life of the facility, or
154reduce its environmental impact.
155 Notwithstanding the provisions of the prior paragraph, the department shall not grant any
156permit for the establishment, construction, or expansion of any facility, unless the environmental
157impact report, if required, has been approved by the secretary, and the report provides in specific
158detail, for each siting of the criteria listed under section 150A ½, that the proposed facility meets
159all such siting requirements. Based on the impact report, the department prior to granting any
160permit, shall make a required finding under section 61 of said chapter 30, which shall specify all
161feasible measures to be taken in the establishment, construction or expansion of the facility to
162avoid potential damage to the environment, or to the extent damage to the environment cannot be
163avoided, to minimize and mitigate such environmental damage to the maximum extent possible.
164Such measures, if feasible and practicable, shall be a required condition of any permit so issued. 9 of 9
165 SECTION 2. Said section 150A of said chapter 111, as so appearing, is further amended
166by inserting in the twelfth paragraph, after the words “decision by a”, in line 124, the following
167word:- local
168 SECTION 3. Section 150A ½ of said chapter 111, as so appearing , is hereby amended by
169striking out clauses 15 through 17, inclusive, and inserting in place thereof the following 3
170clauses:-
171 (15) the extent to which existing solid waste disposal facilities are located within a
172municipality. Site assignments for new facilities are preferred in municipalities without existing
173facilities, except where the proposed facility site is to be located within a facility density zone;
174 (16) the extent to which the solid waste disposal needs of the municipality in which the
175site is sought are met as a member of a regional refuse disposal district. Site assignments in
176municipalities not participating in regional refuse disposal districts are preferred, unless the
177proposed facility is to be located in a facility density zone;
178 (17) the potential adverse impacts on communities within 4 miles of the proposed site
179including, (i) the potential adverse impacts on communities where there is an existing
180concentration of solid waste disposal facilities in one or more communities, if the proposed site
181is located within a facility density zone, and (ii) the potential adverse impacts on the
182considerations stated within this section for which site suitability standards and criteria are
183established.