HOUSE DOCKET, NO. 165        FILED ON: 1/7/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 782

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to solid waste disposal facilities..

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 150A of chapter 111 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the 18th paragraph the following paragraph:-

Nothing in this section shall be deemed to prevent or restrict a city or town from enacting or enforcing zoning ordinance or by laws pursuant to chapter 40A or any other authorizing statutes which ordinances or by-laws are applicable to landfills, transfer stations, recycling centers and sanitary waste disposal sites provided that such ordinances or by-laws do not prevent closure activities, maintenance activities or assessment activities which are necessary to protect the public health, public safety or the environment as determined by the department based on substantial evidence.