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General Laws

Section 19. The department may dispose of solid wastes, from whatever source, in any manner and at any site which is determined by the department to meet the siting criteria established under section 150A1/2 of chapter 111. The department may purchase, lease, acquire, receive by gift or take by eminent domain under chapter 79 any land, structures, facilities and easements necessary for solid waste disposal. As used in this section, the term “solid waste disposal” shall include storage or treatment of residual waste. To carry out this section, the department may contract with any person, firm, corporation, or body politic to plan, design, manage, construct, maintain or operate solid waste disposal facilities and to otherwise implement this section, and may accept any gifts or grants of money or property, whether real or personal, from any source, including but not limited to the United States or its agencies relative to the disposal of solid waste. The department may contract with users, public and private, including agencies of the commonwealth and its political subdivisions, to dispose of solid waste. The department may lease any land acquired under this section for solid waste disposal to any person, firm or corporation for the purpose of constructing, operating and maintaining a privately owned solid waste processing disposal facility or related facility, including facilities related to the processing, marketing or manufacture of materials recovered from solid waste. The department, on a continuing basis, shall review and make recommendations on the manner of operation and adequacy from an environmental quality standpoint of any solid waste disposal facility planned, established or operated under section 18 to 24, inclusive, by the secretary, and subject to appropriation such recommendations shall be implemented by the secretary. Any land acquired under this section may be disposed of by the commonwealth pursuant to chapter 7 upon termination of a solid waste disposal facility or completion of use of a site, with the concurrence of the department in the best interests of the commonwealth and for a use compatible with local zoning by-laws or ordinances; provided, however, that in no event shall such land be so disposed of unless a written offer is made to the city or town wherein such land lies for an amount of money not less than the principal amount remaining to be paid on bonds issued to meet the capital outlay expenditures relative to such land and such offer is not accepted within 2 months after being made or is refused by the mayor of the city or the board of selectmen of the town wherein such land lies.

The department shall not exercise its eminent domain authority as authorized herein with respect to sites for residual waste treatment, processing or disposal until all permits, licenses and approvals of the city or town wherein the site lies have been granted, a siting agreement has been established pursuant to sections 12 and 13 of chapter 21D, and the approval of said exercise of eminent domain authority has been obtained by a majority vote of the city council, board of aldermen, or board of selectmen of said city or town.

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