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SENATE DOCKET, NO. 538 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 571
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael F. Rush
_________________
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 re-use of soil for large reclamation projects.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Michael F. RushNorfolk and SuffolkPaul McMurtry11th Norfolk2/2/2023 1 of 6
SENATE DOCKET, NO. 538 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 571
By Mr. Rush, a petition (accompanied by bill, Senate, No. 571) of Michael F. Rush and Paul
McMurtry for legislation relative to the re-use of soil for large reclamation projects.
Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 609 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the re-use of soil for large reclamation projects.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
ensure the reuse of large volumes of soil for the reclamation of sand pits, gravel pits and quarries
poses no significant risk of harm to health, safety, public welfare or the environment, therefore it
is hereby declared to be an emergency law, necessary for the immediate preservation of the
public safety, health and convenience.
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. Chapter 21E of the General Laws, as appearing in the 2014 Official Edition,
2is hereby amended by inserting, after Section 22, the following new section:-
3 Section 23. (a) As used in this chapter the following words shall, unless the context
4clearly requires otherwise, have the following meanings:-
5 “Approved Re-use”, the use of soil for the reclamation of a quarry, sand pit or gravel pit
6under the conditions of this policy; 2 of 6
7 “Covered project”, any quarry, gravel pit, or sand pit reclamation project that receives, or
8plans to receive, greater than 100,000 cubic yards of soil for the reclamation or filling of said
9quarry, gravel pit, or sand pit.
10 “Filling operation”, the filling of sand pits, gravel pits, and quarries.
11 "Department'', the department of environmental protection.
12 "Hazardous material'', material including but not limited to, any material, in whatever
13form, which, because of its quantity, concentration, chemical, corrosive, flammable, reactive,
14toxic, infectious or radioactive characteristics, either separately or in combination with any
15substance or substances, constitutes a present or potential threat to human health, safety, welfare,
16or to the environment, when improperly stored, treated, transported, disposed of, used, or
17otherwise managed. The term shall not include oil. The term shall also include all those
18substances which are included under 42 USC Sec. 9601(14), but it is not limited to those
19substances.
20 “Reportable release”, the release of oil or hazardous material into the environment which
21requires notice pursuant to 310 CMR 40.000.
22 “Notification Requirements”, means the requirements for providing notification to the
23Department:
24 (i) of releases, and threats of release, of oil and/or hazardous material and Imminent
25Hazards
26 set forth in 310 CMR 40.0300; and/or
27 (ii) of changes in activities, uses and/or exposures set forth in 310 CMR 40.0020. 3 of 6
28 "Oil'', insoluble or partially soluble oils of any kind or origin or in any form, including,
29without limitation, crude or fuel oils, lube oil or sludge, asphalt, insoluble or partially insoluble
30derivatives of mineral, animal or vegetable oils. The term shall not include waste oil, and shall
31not include those substances which are included in 42 USC Sec. 9601(14).
32 “Release”, the placement, dumping, disposing or reuse of soil containing oil or hazardous
33material into the environment, as the term is defined in section 2 of chapter 21E and pursuant to
34310 CMR 40.000.
35 “Solid waste” or “waste”, means useless, unwanted or discarded solid, liquid or contained
36gaseous material resulting from industrial, commercial, mining, agricultural, municipal or
37household activities that is disposed or is stored, treated, processed or transferred pending such
38disposal, but does not include:
39 (i) hazardous wastes as defined and regulated pursuant to 310 CMR 30.000;
40 (ii) sludge or septage which is land applied in compliance with 310 CMR 32.00;
41 (iii) waste-water treatment facility residuals and sludge ash from either publicly or
42privately
43 owned waste-water treatment facilities that treat only sewage and which is treated or
44 disposed at a site regulated pursuant to sections 6 and 7 of chapter 83 or pursuant to
45sections 26 through 53 of chapter 21, unless the waste-water treatment residuals and/or sludge
46ash are co-disposed with solid waste;
47 (iv) septage and sewage as defined and regulated pursuant to sections 26 through 53 of
48chapter 21 4 of 6
49 (v) ash produced from the combustion of coal when reused as prescribed pursuant to
50 Section 150A of chapter 111;
51 (vi) solid or dissolved materials in irrigation return flows;
52 (vii) source, special nuclear or by-product material as defined by the Atomic Energy Act
53of
54 1954;
55 (viii) materials and by-products generated from and reused within an original
56manufacturing
57 process;
58 (ix) materials which are recycled, composted, or converted in compliance with 310 CMR
59 16.03, 16.04 or 16.05; and
60 (x) organic material when handled at a Publicly Owned Treatment Works as defined in
61 314 CMR 12.00 and as approved by the Department pursuant to 314 CMR 12.00.
62 (b) This act shall apply to any quarry, gravel pit, or sand pit reclamation project that
63receives, or plans to receive, greater than 100,000 cubic yards of soil for the reclamation or
64filling of said quarry, gravel pit, or sand pit.
65 (c) The department shall issue a site-specific approval, in the form of an administrative
66consent order, to any filling operation that is a covered project. 5 of 6
67 The administrative consent order shall include the following: (1) implementation of a
68detailed soil and fill management plan that specifies how material will be sampled, documented,
69tracked, transported and managed as well as what materials are permitted and not permitted; (2)
70detailed plans that specify how material will be managed at the reclamation project to prevent
71nuisance conditions, such as noise, odor, litter, and dust; (3) a detailed stormwater management
72plan to prevent impacts to sensitive receptors; (4) detailed wetlands impact provisions, including,
73as applicable, a requirement to obtain an order of conditions, determination of applicability or
74other approval or permit to proceed with the project as designed; (5) a plan for communicating
75with the public and involving interested parties at key points in the implementation of the
76reclamation project; (6) oversight by a qualified environmental professional and third party
77inspection program; (7) knowledge of and intention to comply with all applicable laws and
78regulations; and (8) stipulated penalties for noncompliance with the administrative consent order;
79(9) certification, signed by an agent of the covered project, that the reuse of large volumes of soil
80pose no significant risk of harm to health, safety, public welfare, or the environment and would
81not create new releases or threats of releases of oil or hazardous materials.
82 (d) To be eligible for department approval, soil accepted by a covered project for use in a
83filling operation shall not contain more than de minimus quantities of solid waste. The
84placement, dumping, disposing or reuse of soil containing oil or hazardous material into the
85environment shall constitute a release. Such dumping, disposing, or unapproved re-use of soil is
86a reportable release requiring assessment and remediation.
87 (e) Filling operations conducted without the approval of the department shall be subject
88to department enforcement for violations of rules governing solid waste management and oil or
89hazardous material release pursuant to department regulations. 6 of 6
90 (f) A covered project that is not managed in compliance with the requirements of this act
91shall be found to have caused, contributed to, or exacerbated a release of oil or hazardous
92material and shall be subject to enforcement pursuant to section 277 of chapter 165 of the acts of
932014 and chapter 21E of the general laws. Any fill project that accepts any amount of soil,
94whether pursuant to this act or otherwise, must ensure that the filling does not create new,
95reportable releases of oil or hazardous materials to the environment pursuant to chapter 21E or
96will not violate section 150A of chapter 111.
97 (d) Nothing in this act shall eliminate any local, state, or federal requirements that apply
98to the management of soil, including any local, state, or federal permits or approvals necessary
99before placing the soil at the receiving location, including, but not limited to, those related to
100placement of fill, noise, traffic, dust control, stormwater management, wetlands, groundwater or
101drinking source protection.