Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 2 of chapter 21E of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting after the definition of "Hazardous material" the following definition:-

"Household hazardous waste collection", the collection of hazardous materials from households under a program sponsored by a municipality.

SECTION 2. Paragraph (a) of section 5 of said chapter 21E, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Except as provided in paragraphs (b) and (k), such liability shall be joint and several.

SECTION 3. Said section 5 of said chapter 21E, as so appearing, is hereby further amended by adding the following paragraph:-

(k) In any action under this chapter, the liability of a municipality when sponsoring and conducting a household hazardous waste collection for injury or loss of property or personal injury or death shall be limited to acts or omissions of the municipality or its agents or employees, during the course of the household hazardous waste collection which are shown to have been the result of negligence or reckless, wanton or intentional conduct; provided, however, that persons conducting a household hazardous waste collection for a municipality on a volunteer basis shall not incur any personal liability except for acts or omissions which are shown to have been the result of reckless, wanton or intentional conduct.