HOUSE DOCKET, NO. 2030        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 875

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael J. Soter

_________________

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 regarding soil reclamation safety oversight.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Michael J. Soter

8th Worcester

1/17/2019

Ryan C. Fattman

Worcester and Norfolk

1/31/2019

Shawn Dooley

9th Norfolk

1/27/2019

Joseph D. McKenna

18th Worcester

1/31/2019

Alyson M. Sullivan

7th Plymouth

1/29/2019


HOUSE DOCKET, NO. 2030        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 875

By Mr. Soter of Bellingham, a petition (accompanied by bill, House, No. 875) of Michael J. Soter and others relative to testing for soil used as fill material for certain reclamation projects.  Environment, Natural Resources and Agriculture.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act regarding soil reclamation safety oversight.

 

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. Chapter 21E of the of the General Law, as appearing in the 2016 Official Edition, is hereby amended by adding at the following new section:-

Section 6A. As used in this section, the term “reclamation project” shall mean the filling of quarries, sand pits, gravel pits or similar areas.

The department may require that soil which is used as fill material for reclamation projects, pursuant to section 277 of chapter 165 of the Acts of 2014, be tested prior to delivery, in-transit and upon delivery to the site of said reclamation project and may not contain oil or waste at concentrations qualifying as a contaminated soil, as defined in 310 CMR 40.0006. Prior to the commencement the dumping, disposing or reuse of soil at a reclamation site, the department shall conduct groundwater testing within a two-mile radius of said reclamation site and establish standards for which groundwater may not exceed under an Administrative Consent Order. Any inspections agreed upon in an Administrative Consent Order shall be paid for by the approved reclamation site owner or operator.

If the soil or groundwater samples tested fail to meet the standards of this section, the owner or operator of the reclamation site must notify the department, who will assume all responsibilities for the site. The department may promulgate rules and regulations in order to comply with this section.