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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 21D MASSACHUSETTS HAZARDOUS WASTE FACILITY SITING ACT
  • Section 18 Application of chapter

Section 18. This chapter shall not apply to any hazardous waste facility exempt from the licensing requirements of chapter twenty-one C which was lawfully organized and in existence on May first, nineteen hundred and eighty, or to any hazardous waste facility which was licensed as such by any division of the department of environmental protection as of May first, nineteen hundred and eighty. If any facility has its license revoked and reapplies for a license after May first, nineteen hundred and eighty, the provisions of this chapter shall apply to said reapplication; provided, however, that the provisions of this chapter shall not apply to any facility, or the operation of any facility under receivership by a federal or state agency or by a judicially appointed and supervised receiver of any court of competent jurisdiction where the license of the facility has been suspended or revoked and said receivership has been imposed.

Chapter twenty-one D shall not apply to any generator who stores, treats, processes or disposes of hazardous waste produced exclusively on-site; provided, however, that chapter twenty-one D shall apply to any such generator who disposes of hazardous waste into or on the land. For purposes of this section, “on-site” shall be defined to mean the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along the right-of-way; as well as non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access.