SENATE DOCKET, NO. 92        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2242

The Commonwealth of Massachusetts

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PRESENTED BY:

Anne M. Gobi

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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 to establish standards for quarry licensing and the testing for pyrite minerals.

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PETITION OF:

SENATE DOCKET, NO. 92        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2242

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to establish standards for quarry licensing and the testing for pyrite minerals.

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 6C of the General Laws is hereby amended by adding the following section:- 

Section 78. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: 

“Aggregate”, granular materials such as gravel, sand and crushed rock that are combined for a particular purpose. 

“Certified geologist”, a professional geologist certified by the American Institute of Professional Geologists. 

“Concrete aggregate”, natural sand, natural gravel or crushed aggregate products produced from ledge rock. 

(b) Any person seeking to mine, expand, excavate or otherwise operate a quarry, sand and gravel operation, or any other aggregate source for the purpose of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure, such as roadways and bridges, shall submit to the department and the state geologist an application for a license to conduct such activity. 

Each license application shall consist of: (i) a description of the geographic location of the aggregate source; (ii) an operations plan, including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee in an amount to be determined by the department. Fees received by the department under this section shall be used to implement this section; provided, however, that any surplus fee receipts shall be deposited into the General Fund. 

(c) The geological source report required in subsection (b) shall be prepared by a certified geologist in a form and manner prescribed by the department, in consultation with the state geologist, a representative nominated by the Massachusetts Aggregate and Asphalt Pavement Association, and a representative nominated by the Massachusetts Concrete and Aggregate Producers Association, Inc., and shall include, but not be limited to: (i) a description of the characteristics of the aggregate to be excavated at the subject location; (ii) a description of the products to be produced at such location; (iii) a copy of the results of an inspection of face material and geologic log analysis conducted not more than 60 days prior to the date of the report; and (iv) petrographic analyses of grab or core samples representative of the material being actively mined. A geological source report prepared under this subsection shall be valid for a period of 1 year from the date of preparation. 

(d) Aggregate testing to identify the presence of pyrite or pyrrhotite required in subsection (b) shall include, but not be limited to, a total sulfur test to measure total sulfur content in a representative sample. Aggregate testing shall be performed by an accredited laboratory in accordance with applicable standards established by American Society of Testing and Materials International standards or alternate standards to be determined by the department in consultation with the state geologist. 

(e) The Secretary of Transportation or a designee, in consultation with the state geologist, shall review each license application submitted pursuant to this section and notify each applicant whether the license has been approved and any applicable conditions of operation. If the application is denied, the notification shall include the reason for denial. A license granted under this section shall be valid for 1 year from the date of approval.  A license shall be approved if the total sulfur content is less than 0.1 per cent by mass. A license shall not be approved if the total sulfur content is not less than 1 per cent by mass. If the total sulfur content is equal to or greater than 0.1 per cent by mass but less than 1 per cent by mass, the license applicant shall be required to perform x-ray diffraction, magnetic susceptibility, or petrographic analyses to determine the presence and relative abundance of pyrrhotite in the sample. A license shall be approved if the results of said additional tests indicate that no pyrrhotite is present in the sample. A license shall not be approved if the results of said tests indicate that pyrrhotite is present in the sample. Aggregate test results demonstrating a total sulfur content of less than 0.1 percent by mass for five consecutive years shall be valid for a period of five years from the date of the most recent testing, provided, however, that annual geological source reports are submitted to the department. The state geologist may require additional testing or information to justify an approval recommendation. 

(f) A person owning or operating an aggregate source subject to licensure pursuant to this section shall maintain all records relevant to such licensure and operation, including, but not limited to, a record of sale for all aggregate, for not less than 10 years. 

(g) A person owning or operating a concrete production facility for the purpose of sale or use in foundations, structural elements, or infrastructure, such as roadways and bridges, in receipt of aggregate material from a source licensed pursuant to this section shall maintain a record of the aggregate sources used in individual concrete batches for not less than 10 years.  

(h) The department, in consultation with the state geologist, shall catalogue and maintain the data collected under this section. 

(i) Nothing in this section shall prohibit a municipality from requiring permits for quarry operation or excavation or from establishing pyrite and pyrrhotite presence restrictions that are more stringent than those set forth in this section. 

(j) Nothing in this section shall affect the operations of quarries producing aggregate for purposes other than those described in subsection (b). 

(k) The department, in consultation with the state geologist, shall promulgate regulations to implement this section. 

SECTION 2. Section 78 of chapter 6C  of the General Laws shall be effective on December 31, 2023; provided, however, that entities licensed to operate a quarry or sand and gravel operation in the commonwealth before the effective date of this act that are affected by said section 88 of said chapter 6C shall meet the requirements of said section 78 of said chapter 6C not later than December 31, 2023; provided further, that any work conducted by such an entity prior to December 31, 2023 shall comply with existing regulations.