HOUSE DOCKET, NO. 1804        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3652

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Carole A. Fiola

_________________

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 certain recycling and waste disposal facilities.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1804        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3652

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act relative to certain recycling and 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 142A of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following paragraph:-

The department shall suspend or revoke any permit or plan issued hereunder for any corporation, person or other entity that is required, in order to legally operate, to obtain a license, permit or other approval from the municipality in which it operates, and for which such municipal license, permit or approval has been suspended or revoked. The municipality in which the corporation, person or other entity operates shall send the department written notice of such suspension or revocation, and the department shall notify said corporation, person or other entity that the department permit or plan has been suspended or revoked until the municipal approval is reinstated or otherwise resolved. This paragraph shall not apply to any permit or plan required by federal law.

SECTION 2. The definition of “Facility” in section 150A of said chapter 111, as so appearing, is hereby amended by inserting after the word “refuse”, in line 9, the following words:- , a scrap recycling facility as defined in section 2 of chapter 21H, or any facility for shredding automobiles, feedstock or metals, or disposing of refuse, scrap metal or byproducts of scrap metal recycling, shredding, or dismantling.

SECTION 3. A municipality that has suspended or revoked a license, permit or approval required for any corporation, person or other entity to operate, where said corporation, person or other entity has also been issued a permit or plan by the department of environmental protection pursuant to section 142A of chapter 111 of the General Laws, shall notify the department of such suspension or revocation as required in said section 142A within 30 days of the effective date of this act.  The department shall, upon receiving notice from the municipality of such suspension or revocation pursuant to this section, suspend or revoke any permit or plan issued pursuant to said section 142A for any such corporation, person or other entity whose required municipal license, permit or other approval has been suspended or revoked.

SECTION 4. A scrap recycling facility or any facility disposing of refuse, scrap metal or byproducts of scrap metal recycling, shredding or dismantling that is currently operating in the commonwealth shall comply with the site assignment requirements of section 150A of chapter 111 of the General Laws, as amended by section 2, within 180 days of the effective date of this act.