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HOUSE DOCKET, NO. 3367 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1045
The Commonwealth of Massachusetts
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PRESENTED BY:
Margaret R. Scarsdale
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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 liability for release of hazardous materials.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Margaret R. Scarsdale1st Middlesex1/17/2025 1 of 2
HOUSE DOCKET, NO. 3367 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1045
By Representative Scarsdale of Pepperell, a petition (accompanied by bill, House, No. 1045) of
Margaret R. Scarsdale relative to liability for release of hazardous materials. Environment and
Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to liability for release of hazardous materials.
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 5C of said chapter 21E, as so appearing, is hereby amended by
2adding the following subsection:-
3 (l) A department audit of response actions at the site or portion of the site owned
4or operated by an eligible person, as delineated in a waste site cleanup activity opinion, for which
5a permanent solution or remedy operations status exists and is maintained or has been achieved
6and maintained in accordance with such opinion, which (i) identifies no violations of this chapter
7and regulations promulgated thereto, or (ii) if such violations are identified, such violations are
8promptly corrected, shall be deemed conclusive evidence that the eligible person has no liability,
9and the department may take no action as to such eligible person, for any releases at any property
10not previously identified as part of the site or any other disposal site. Notwithstanding any
11general or special law to the contrary, the department shall not promulgate regulations relative to
12this subsection. 2 of 2
13 SECTION 2. (a) Notwithstanding any general or special law to the contrary, no
14person shall be liable for any substantial release migration at any property not previously
15identified as part of a disposal site or any other disposal site if the department of environmental
16protection:
17 (i) has, at any time before the effective date of this act, performed an audit of
18response actions at a site, or a part of a site; and
19 (ii)(1) has determined that a permanent solution or remedy operations status was
20achieved and maintained in accordance with a waste site cleanup activity opinion or any other
21notification to such person; or (2) has notified such person that a violation of chapter 21E of the
22General Laws or any regulation was identified and promptly corrected.
23 (b) The department of environmental protection shall have no defense in any
24action or claim, nor shall the department present evidence to contest liability of an eligible
25person, upon a showing that a permanent solution or remedy operations status was achieved and
26maintained.