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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 21I MASSACHUSETTS TOXICS USE REDUCTION ACT
  • Section 3 Duties of the department

Section 3. In addition to any other requirements or authorities of this chapter, the department’s duties shall include the following:

(A) The department shall identify all department requirements for reporting on chemical use, release and disposal, and to the maximum extent possible, shall standardize, consolidate and coordinate these reporting requirements to minimize unnecessary duplication.

(B) By January 1, 1991 the department shall, to the extent practicable, coordinate information about the manufacture, distribution, process, sale, storage, disposal, release or other use of toxics, including the inventory reporting requirement of section ten, on a computer system in order to provide reliable and accessible information across the commonwealth to aid in standardizing the inspection, enforcement and other activities of the commonwealth. The department shall also cooperate with and make this information readily available through computer connections and other means to the Office, the Institute, the environmental protection division of the department of the attorney general, and other state agencies and POTW operators.

(C) In order to facilitate the coordination of reporting requirements, the department is hereby authorized to seek unified reporting and enforcement authority from the United States Environmental Protection Agency on federal toxics laws and regulations, including but not limited to the Clean Air Act, 42 U.S.C. S7401 et seq.; Federal Water Pollution Control Act, 33 U.S.C. S1251 et seq.; Toxic Substances Control Act, 15 U.S.C. S2601 et seq.; Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq.; CERCLA and any amendments thereto.

(D) The department shall develop and implement, by January 1, 1992, guidelines and regulations on inspections which (1) ensure that, where appropriate, inspections are multi-media in approach; (2) ensure that, where appropriate, the inspections are performed by teams of inspectors representing existing programs within the department; and (3) minimize duplication of inspection and enforcement efforts being conducted with other agencies.

(E) The department shall ensure that, to the maximum extent practicable, any toxics user found to be violating any law or standard for which the department has enforcement jurisdiction shall practice toxics use reduction in order to come into compliance with the violated law or standard.

(F) The department shall adopt, and may from time to time amend or repeal, rules and regulations which it deems necessary for the proper administration of this chapter and to protect the environment and public health, safety and welfare. As nearly as the department deems appropriate and practicable, regulations pertaining to reporting pursuant to section ten shall comport with and complement regulations adopted pursuant to section 313 of EPCRA.

(G) On or before January 1, 1990, the department shall issue guidelines concerning classification of production units in user segments according to similarities in products and processes. Such guidelines shall be based primarily on the logic and methodology of the product process codes developed for the Organic Chemicals, Plastics, and Synthetic Fibers (“OCPSF”) effluent guidelines and pretreatment standards under the Federal Water Pollution Control Act (“FWPCA”) as amended and, to the extent feasible and appropriate, on protocols and standards used by Massachusetts and others. Based on these guidelines, reports filed pursuant to section ten as of July 1, 1991, and further consideration of then existing classification systems and protocols, the Department shall on or before January 1, 1992 promulgate regulations establishing classifications for production units.

(H) The department annually shall compile, analyze and summarize the reports required by section 10, to the extent available, and shall submit a report to the council on the agency’s findings regarding progress in toxics use reduction and emissions reduction in the commonwealth. A copy of the report shall be filed with the clerk of the house of representatives and the clerk of the senate.

(I) Personnel or authorized agents of the department may at all reasonable times enter into any premises, public or private, for the purpose of investigating any records, substance, condition, equipment, practice, or property relating to activities subject to regulation under this chapter. For the purposes of such entries no warrant shall be required provided, however, that upon demand by the owner or individual in control of such premises, a warrant authorizing such entry and inspection shall be sought after such demand. A warrant may be sought by personnel or authorized agents of the department without such demand having been made. Any court, judge, justice or other officer authorized to issue warrants in criminal cases may issue such warrants.

(J) Unless indicated otherwise in this chapter, the department shall develop and make operational all programs and functions required of the department by January 1, 1992.