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. The definition of "Owner" in section 2 of chapter 21E of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out, in line 170, the word "and".

SECTION 2. Said definition of "Owner", in said section 2 of said chapter 21E, as so appearing, is hereby further amended by inserting after the word "vessel", in line 175, the following words:- and (10) when a city or town which is not the owner or operator pursuant to this definition, has ownership or possession of a site or vessel, any person who owned or operated such site or vessel immediately prior to such city or town obtaining ownership or possession of such site or vessel.

SECTION 3. Said definition of "Owner" in said section 2 of said chapter 21E, as so appearing, is hereby further amended by adding the following paragraph:-

(d) A city or town shall not be deemed an owner or operator if all of the following requirements are met:

(1) The city or town has purchased or taken the site for nonpayment of taxes under section forty-three or fifty-three or chapter sixty, respectively.

(2) No act of the city or town, or of its employees or agents, causes or contributes to the release or threat of release or causes the release or threat of release to become worse than it otherwise would have been.

(3) After acquiring title to or commencing control or management of the site or vessel, the city or town satisfies all of the following conditions:

(A) the city or town notifies the department immediately upon obtaining knowledge of a release or threat of release for which notification is required pursuant to, and in compliance with, section seven or regulations promulgated pursuant thereto;

(B) the city or town provides reasonable access to the site or vessel to employees, agents, and contractors of the department to conduct response actions, and to other persons intending to conduct necessary response actions;

(C) the city or town undertakes reasonable steps to (i) prevent the exposure of persons to oil or hazardous materials by fencing or otherwise preventing access to the site or vessel, and (ii) contain the further release or threat of release of oil or hazardous materials from a structure or container;

(D) if there is significant evidence of an imminent hazard to public health, safety, welfare, or the environment from oil or hazardous materials at or from the site or vessel, the city or town takes action to control the potential for health damage, human exposure, safety hazards, and environmental harm through appropriate short term measures;

(E) if the city or town elects to voluntarily undertake a response action or portion of a response action at a site or vessel, the city or town conducts such response action in compliance with the requirements of this chapter and the Massachusetts contingency plan; and

(F) the city or town acts diligently to sell or otherwise divest itself of ownership or possession of the site or vessel.

Whether the city or town is acting or has acted diligently to sell or otherwise divest itself of ownership or possession of the site or vessel shall be determined by considering the same criteria applicable to secured lenders set forth in subclause (E) of clause (3) of paragraph (c).

A city or town which takes any action referred to in clause (3) shall not be deemed an owner or operator solely because said city or town took such action.

A city or town which meets all of the requirements set forth in the provisions of this paragraph shall be excluded from the definition of owner or operator only with respect to releases and threats of release that first begin to occur before the city or town acquires ownership or possession. Notwithstanding any other provision of this definition, a city or town shall be deemed an owner or operator with respect to any release or threat of release that first begins to occur at or from the site or vessel during the time that the city or town has ownership or possession of it for any purpose.

SECTION 4. Said section 2 of said chapter 21E, as so appearing, is hereby further amended by striking out, in line 482, the words "or a" and inserting in place thereof the following words:- , city or town or.

SECTION 5. Said section 2 of said chapter 21E, as so appearing, is hereby further amended by striking out, in line 484, the words "or the" and inserting in place thereof the words:- , city or town or.

SECTION 6. Said section 2 of said chapter 21E, as so appearing, is hereby further amended by inserting after the word "fiduciary", in line 488, the following words:- , city or town.

SECTION 7. Section 4 of said chapter 21E, as so appearing, is hereby amended by inserting after the word "fiduciary", in lines 9 and 13, in each instance, the following words:- , city or town.

SECTION 8. Section 7 of said chapter 21E, as so appearing, is hereby amended by inserting after the word "fiduciary", in line 3, the following words:- , city or town.

SECTION 9. Section 8 of said chapter 21E, as so appearing, is hereby amended by inserting after the word "fiduciary", in lines 33, 45, 47, and in line 49, in each instance, the following words:- , city or town.