Budget Amendment ID: FY2015-S4-248-R1

Redraft ENV 248

Soil Reuse Management and Approval

Mr. Rush moved that the proposed new text be amended moved that the bill be amended by inserting, after section 125, the following section:-

“SECTION 125A.  (a) Notwithstanding any general or special law to the contrary, local approval shall be required for the delivery to a single location of a cumulative volume of more than 100,000 cubic yards of soil that is removed from any source other than permitted sand and gravel pit or quarry.  In a city, the approval shall be by a majority vote of the city council with approval from the mayor.  In a town, the approval shall be a majority vote of the board of selectmen. Approval shall not be required for soil delivered to a site assigned landfill facility which has otherwise received approval for use of the soil from the department of environmental protection.

(b) Said vote shall commence after of an extensive review of a soil management plan prepared by a licensed professional engineer and filed for comment and approval with the local governmental unit that shall include, but shall not be not limited to, a detailed plan which addresses: (i) on site third party inspection working under the direction of a qualified environmental professional during importation and placement of all soils; (ii) third party review and approval of all soil analytical for suitability and reuse at the site; (iii) truck route, hours of operation and maximum number of trucks per day; (iv) erosion, noise, dust and odor control plans; and (v) host community mitigation fee of .50 cents per ton or an agreeable alternative amount.

(c) Not later than June 30, 2015, the department of environmental protection shall establish regulations, standards or procedures for determining the suitability of soil used as fill material including, but not limited to, the reclamation of quarries and sand and gravel pits. The regulations, standards or procedures shall ensure the importation and reuse of soil pose no significant risk of harm to health, safety, public welfare or the environment considering the transport, filling operations and the foreseeable future use of the filled land. The regulations, standards or procedures shall also include a detailed summary of the different grades of soil used for fill and the appropriate zoning subdistrict use where the placement of soil shall be acceptable. The department may adopt and amend or repeal regulations establishing: (1) classes or categories of fill or reclamation activities requiring prior issuance of a permit issued by the department; and (2) classes or categories of fill or reclamation activities that may be carried out without prior issuance of a permit issued by the department.

(d) The department of environmental protection may establish permit application fees for all persons filing applications pursuant to this section and procedures for adjudicatory hearings on department approvals or denials of such permit applications pursuant to chapter 30A of the General Laws. The department may also enforce this section and any regulations promulgated pursuant thereto through the issuance of administrative orders or issuance of administrative penalties pursuant to section 16 of chapter 21A of the General Laws. The superior court shall have jurisdiction in equity to enforce this section upon position of the department or the attorney general."