Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S571 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 538 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 571
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael F. Rush
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the re-use of soil for large reclamation projects.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael F. RushNorfolk and SuffolkPaul McMurtry11th Norfolk2/2/2023 1 of 6
16	16	SENATE DOCKET, NO. 538 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 571
18	18	By Mr. Rush, a petition (accompanied by bill, Senate, No. 571) of Michael F. Rush and Paul
19	19	McMurtry for legislation relative to the re-use of soil for large reclamation projects.
20	20	Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 609 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the re-use of soil for large reclamation projects.
29	29	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
30	30	ensure the reuse of large volumes of soil for the reclamation of sand pits, gravel pits and quarries
31	31	poses no significant risk of harm to health, safety, public welfare or the environment, therefore it
32	32	is hereby declared to be an emergency law, necessary for the immediate preservation of the
33	33	public safety, health and convenience.
34	34	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
35	35	of the same, as follows:
36	36	1 SECTION 1. Chapter 21E of the General Laws, as appearing in the 2014 Official Edition,
37	37	2is hereby amended by inserting, after Section 22, the following new section:-
38	38	3 Section 23. (a) As used in this chapter the following words shall, unless the context
39	39	4clearly requires otherwise, have the following meanings:-
40	40	5 “Approved Re-use”, the use of soil for the reclamation of a quarry, sand pit or gravel pit
41	41	6under the conditions of this policy; 2 of 6
42	42	7 “Covered project”, any quarry, gravel pit, or sand pit reclamation project that receives, or
43	43	8plans to receive, greater than 100,000 cubic yards of soil for the reclamation or filling of said
44	44	9quarry, gravel pit, or sand pit.
45	45	10 “Filling operation”, the filling of sand pits, gravel pits, and quarries.
46	46	11 "Department'', the department of environmental protection.
47	47	12 "Hazardous material'', material including but not limited to, any material, in whatever
48	48	13form, which, because of its quantity, concentration, chemical, corrosive, flammable, reactive,
49	49	14toxic, infectious or radioactive characteristics, either separately or in combination with any
50	50	15substance or substances, constitutes a present or potential threat to human health, safety, welfare,
51	51	16or to the environment, when improperly stored, treated, transported, disposed of, used, or
52	52	17otherwise managed. The term shall not include oil. The term shall also include all those
53	53	18substances which are included under 42 USC Sec. 9601(14), but it is not limited to those
54	54	19substances.
55	55	20 “Reportable release”, the release of oil or hazardous material into the environment which
56	56	21requires notice pursuant to 310 CMR 40.000.
57	57	22 “Notification Requirements”, means the requirements for providing notification to the
58	58	23Department:
59	59	24 (i) of releases, and threats of release, of oil and/or hazardous material and Imminent
60	60	25Hazards
61	61	26 set forth in 310 CMR 40.0300; and/or
62	62	27 (ii) of changes in activities, uses and/or exposures set forth in 310 CMR 40.0020. 3 of 6
63	63	28 "Oil'', insoluble or partially soluble oils of any kind or origin or in any form, including,
64	64	29without limitation, crude or fuel oils, lube oil or sludge, asphalt, insoluble or partially insoluble
65	65	30derivatives of mineral, animal or vegetable oils. The term shall not include waste oil, and shall
66	66	31not include those substances which are included in 42 USC Sec. 9601(14).
67	67	32 “Release”, the placement, dumping, disposing or reuse of soil containing oil or hazardous
68	68	33material into the environment, as the term is defined in section 2 of chapter 21E and pursuant to
69	69	34310 CMR 40.000.
70	70	35 “Solid waste” or “waste”, means useless, unwanted or discarded solid, liquid or contained
71	71	36gaseous material resulting from industrial, commercial, mining, agricultural, municipal or
72	72	37household activities that is disposed or is stored, treated, processed or transferred pending such
73	73	38disposal, but does not include:
74	74	39 (i) hazardous wastes as defined and regulated pursuant to 310 CMR 30.000;
75	75	40 (ii) sludge or septage which is land applied in compliance with 310 CMR 32.00;
76	76	41 (iii) waste-water treatment facility residuals and sludge ash from either publicly or
77	77	42privately
78	78	43 owned waste-water treatment facilities that treat only sewage and which is treated or
79	79	44 disposed at a site regulated pursuant to sections 6 and 7 of chapter 83 or pursuant to
80	80	45sections 26 through 53 of chapter 21, unless the waste-water treatment residuals and/or sludge
81	81	46ash are co-disposed with solid waste;
82	82	47 (iv) septage and sewage as defined and regulated pursuant to sections 26 through 53 of
83	83	48chapter 21 4 of 6
84	84	49 (v) ash produced from the combustion of coal when reused as prescribed pursuant to
85	85	50 Section 150A of chapter 111;
86	86	51 (vi) solid or dissolved materials in irrigation return flows;
87	87	52 (vii) source, special nuclear or by-product material as defined by the Atomic Energy Act
88	88	53of
89	89	54 1954;
90	90	55 (viii) materials and by-products generated from and reused within an original
91	91	56manufacturing
92	92	57 process;
93	93	58 (ix) materials which are recycled, composted, or converted in compliance with 310 CMR
94	94	59 16.03, 16.04 or 16.05; and
95	95	60 (x) organic material when handled at a Publicly Owned Treatment Works as defined in
96	96	61 314 CMR 12.00 and as approved by the Department pursuant to 314 CMR 12.00.
97	97	62 (b) This act shall apply to any quarry, gravel pit, or sand pit reclamation project that
98	98	63receives, or plans to receive, greater than 100,000 cubic yards of soil for the reclamation or
99	99	64filling of said quarry, gravel pit, or sand pit.
100	100	65 (c) The department shall issue a site-specific approval, in the form of an administrative
101	101	66consent order, to any filling operation that is a covered project. 5 of 6
102	102	67 The administrative consent order shall include the following: (1) implementation of a
103	103	68detailed soil and fill management plan that specifies how material will be sampled, documented,
104	104	69tracked, transported and managed as well as what materials are permitted and not permitted; (2)
105	105	70detailed plans that specify how material will be managed at the reclamation project to prevent
106	106	71nuisance conditions, such as noise, odor, litter, and dust; (3) a detailed stormwater management
107	107	72plan to prevent impacts to sensitive receptors; (4) detailed wetlands impact provisions, including,
108	108	73as applicable, a requirement to obtain an order of conditions, determination of applicability or
109	109	74other approval or permit to proceed with the project as designed; (5) a plan for communicating
110	110	75with the public and involving interested parties at key points in the implementation of the
111	111	76reclamation project; (6) oversight by a qualified environmental professional and third party
112	112	77inspection program; (7) knowledge of and intention to comply with all applicable laws and
113	113	78regulations; and (8) stipulated penalties for noncompliance with the administrative consent order;
114	114	79(9) certification, signed by an agent of the covered project, that the reuse of large volumes of soil
115	115	80pose no significant risk of harm to health, safety, public welfare, or the environment and would
116	116	81not create new releases or threats of releases of oil or hazardous materials.
117	117	82 (d) To be eligible for department approval, soil accepted by a covered project for use in a
118	118	83filling operation shall not contain more than de minimus quantities of solid waste. The
119	119	84placement, dumping, disposing or reuse of soil containing oil or hazardous material into the
120	120	85environment shall constitute a release. Such dumping, disposing, or unapproved re-use of soil is
121	121	86a reportable release requiring assessment and remediation.
122	122	87 (e) Filling operations conducted without the approval of the department shall be subject
123	123	88to department enforcement for violations of rules governing solid waste management and oil or
124	124	89hazardous material release pursuant to department regulations. 6 of 6
125	125	90 (f) A covered project that is not managed in compliance with the requirements of this act
126	126	91shall be found to have caused, contributed to, or exacerbated a release of oil or hazardous
127	127	92material and shall be subject to enforcement pursuant to section 277 of chapter 165 of the acts of
128	128	932014 and chapter 21E of the general laws. Any fill project that accepts any amount of soil,
129	129	94whether pursuant to this act or otherwise, must ensure that the filling does not create new,
130	130	95reportable releases of oil or hazardous materials to the environment pursuant to chapter 21E or
131	131	96will not violate section 150A of chapter 111.
132	132	97 (d) Nothing in this act shall eliminate any local, state, or federal requirements that apply
133	133	98to the management of soil, including any local, state, or federal permits or approvals necessary
134	134	99before placing the soil at the receiving location, including, but not limited to, those related to
135	135	100placement of fill, noise, traffic, dust control, stormwater management, wetlands, groundwater or
136	136	101drinking source protection.