Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S583 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. 420 FILED ON: 1/14/2023
3	3	SENATE . . . . . . . . . . . . . . No. 583
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 liability for release of hazardous materials.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 5
16	16	SENATE DOCKET, NO. 420 FILED ON: 1/14/2023
17	17	SENATE . . . . . . . . . . . . . . No. 583
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 583) of Bruce E. Tarr for legislation
19	19	relative to liability for release of hazardous materials. Environment and Natural Resources.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 4898 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to liability for release of hazardous materials.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 2 of chapter 21E of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by striking out the definition of “Condition of substantial
32	32	3release migration” and inserting in place thereof the following definition:-
33	33	4 “Condition of substantial release migration”, (a) a release of oil or hazardous material
34	34	5that is likely to be transported through environmental media where the mechanism, rate or extent
35	35	6of transport has resulted in or, if not promptly addressed, has the potential to result in: (1) health
36	36	7damage, safety hazards or environmental harm; or (2) a substantial increase in the extent or
37	37	8magnitude of the release, the degree or complexity of future response actions, or the amount of
38	38	9response costs.
39	39	10 (b) Conditions of substantial release migration shall include, but not be limited to: 2 of 5
40	40	11 (1) releases that have resulted in the discharge of separate-phase oil or separate-phase
41	41	12hazardous material to surface waters, buildings or underground utilities or conduits;
42	42	13 (2) releases to the ground surface or to the vadose zone that, if not promptly removed or
43	43	14contained, are likely to significantly impact the underlying groundwater or significantly
44	44	15exacerbate an existing condition of groundwater pollution;
45	45	16 (3) releases to the groundwater that have migrated or are expected to migrate more than
46	46	17200 feet per year;
47	47	18 (4) releases to the groundwater that have been or are within 1 year likely to be detected in
48	48	19a public or private water supply well;
49	49	20 (5) releases to the groundwater that have been or are within 1 year likely to be detected in
50	50	21a surface water body, wetland or public water supply reservoir;
51	51	22 (6) releases to the groundwater or to the vadose zone that have resulted in or have the
52	52	23potential to result in the discharge of vapors into a school, daycare or child care center or
53	53	24occupied residential dwelling at concentrations greater than indoor air threshold values for the
54	54	25evaluation of a vapor intrusion pathway as established by the department; provided, that
55	55	26conditions that indicate a potential discharge of vapors into a school, daycare or child care center
56	56	27or occupied residential dwelling shall include, but shall not be limited to:
57	57	28 (i) soil or soil gas impacted with 1 or more volatile organic compounds within 6 feet,
58	58	29measured horizontally from the wall of the structure, and within 10 feet measured vertically from
59	59	30the basement floor or foundation at concentrations that are likely to discharge vapors into the
60	60	31structure; 3 of 5
61	61	32 (ii) 1 or more volatile organic compound in the groundwater exceed the applicable
62	62	33Groundwater Category GW-2 Standard within 30 feet of the structure, and the average annual
63	63	34depth to groundwater in that area is 15 feet or less;
64	64	35 (iii) volatile light non-aqueous phase liquid is present in a groundwater monitoring well,
65	65	36excavation, or subsurface depression within 30 feet of the structure at a measured thickness equal
66	66	37to or greater than 1/8 inch or .01 feet; or
67	67	38 (iv) evidence of vapor migration along preferential pathways at a location that is likely to
68	68	39result in the discharge of vapors into the structure; or
69	69	40 (7) any release for which a notification has been required by the department.
70	70	41 (c) Any person required to notify the department pursuant to section 7 shall notify the
71	71	42department of such condition upon obtaining knowledge thereof and shall take any appropriate
72	72	43and feasible response actions as may be required by the department. Notwithstanding any general
73	73	44or special law to the contrary, the department shall not use any other definition of condition of
74	74	45substantial release migration.
75	75	46 SECTION 2. Said section 2 of said chapter 21E, as so appearing, is hereby further
76	76	47amended by inserting, after the definition of “Contain”, the following definition:-
77	77	48 “Critical exposure pathways”, those routes by which oil or hazardous material released at
78	78	49a disposal site are transported, or are likely to be transported, to human receptors via: (i) vapor-
79	79	50phase emissions of oil or hazardous materials into the living or working space of a pre-school,
80	80	51daycare, school or occupied residential dwelling at concentrations greater than indoor air
81	81	52threshold values for the evaluation of a vapor intrusion pathway as established by the 4 of 5
82	82	53department; or (ii) ingestion, dermal absorption or inhalation of measurable concentrations of oil
83	83	54or hazardous materials from drinking water supply wells located at and servicing a pre-school,
84	84	55daycare, school or occupied residential dwelling.
85	85	56 SECTION 3. Section 5C of said chapter 21E, as so appearing, is hereby amended by
86	86	57adding the following subsection:-
87	87	58 (l) A department audit of response actions at the site or portion of the site owned or
88	88	59operated by an eligible person, as delineated in a waste site cleanup activity opinion, for which a
89	89	60permanent solution or remedy operations status exists and is maintained or has been achieved
90	90	61and maintained in accordance with such opinion, which (i) identifies no violations of this chapter
91	91	62and regulations promulgated thereto, or (ii) if such violations are identified, such violations are
92	92	63promptly corrected, shall be deemed conclusive evidence that the eligible person has no liability,
93	93	64and the department may take no action as to such eligible person, for any releases at any property
94	94	65not previously identified as part of the site or any other disposal site. Notwithstanding any
95	95	66general or special law to the contrary, the department shall not promulgate regulations relative to
96	96	67this subsection.
97	97	68 SECTION 4. (a) Notwithstanding any general or special law to the contrary, no person
98	98	69shall be liable for any substantial release migration at any property not previously identified as
99	99	70part of a disposal site or any other disposal site if the department of environmental protection:
100	100	71 (i) has, at any time before the effective date of this act, performed an audit of response
101	101	72actions at a site, or a part of a site; and
102	102	73 (ii)(1) has determined that a permanent solution or remedy operations status was achieved
103	103	74and maintained in accordance with a waste site cleanup activity opinion or any other notification 5 of 5
104	104	75to such person; or (2) has notified such person that a violation of chapter 21E of the General
105	105	76Laws or any regulation was identified and promptly corrected.
106	106	77 (b) The department of environmental protection shall have no defense in any action or
107	107	78claim, nor shall the department present evidence to contest liability of an eligible person, upon a
108	108	79showing that a permanent solution or remedy operations status was achieved and maintained.