Massachusetts General Laws
Chapter 21e - Massachusetts Oil and Hazardous Material Release Prevention and Response Act
Section 14 - Response Actions at Sites; Meetings; Public Notice and Participation

Section 14. (a) Upon written petition of ten or more residents of a municipality in which a site is located, or of a municipality potentially affected by a site, the department shall hold a public meeting at a time and location convenient to the affected public, and at such meeting shall present a proposed plan for involving the public in decisions regarding response actions at the site. The department shall inform residents of potentially affected communities of the meeting by causing notice thereof to be published in newspapers that circulate in said communities and by concurrently submitting to said newspapers a press release with the same information. The department shall design the proposed plan to ensure the following: that interested members of the public will have sufficient notice, access to documents and opportunity to comment to enable them to affect decisions regarding response actions at the site; that all public meetings or hearings will be held at locations and times convenient to the affected public; and that public documents regarding the site will be available at locations and at times convenient to the affected public. Following the meeting on the proposed plan, the department shall revise the plan to reflect comments it receives and make it available to the public. The department may, by regulation or order or both, require persons who carry out response actions to carry out the requirements of this section. Nothing in this section shall preclude the department from developing a public participation plan or conducting public meetings or hearings in the absence of a petition, or from requiring persons who carry out response actions to do so.
(b) Subject to appropriation, the department may provide for limited grants to be given to any group of individuals who may be affected by oil or hazardous materials from any site, or to any city or town or agency thereof that might be affected by oil or hazardous materials from any site, or to any district or other body politic that owns or operates a public water supply system that might be affected by oil or hazardous materials from any site. Any recipient of such a grant shall use it to obtain advice and technical assistance on matters relating to handling of sites pursuant to this chapter. The department shall have in effect at all times regulations, which the department may amend or revise from time to time, specifying terms and conditions of eligibility for and use of such grant.
(c) The chief municipal officer of a city or town in which a site is located may appoint from members of the potentially affected public an individual or individuals, to inspect the site on behalf of the community. Such individual or individuals shall be given reasonable opportunities by the department and the site owner or operator, or a fiduciary or secured lender, who has ownership or possession of the site, to inspect such site prior to, during and after the implementation of major response actions, and may bring with them on such inspections experts on oil or hazardous materials releases or responses.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title II - Executive and Administrative Officers of the Commonwealth

Chapter 21e - Massachusetts Oil and Hazardous Material Release Prevention and Response Act

Section 1 - Short Title

Section 2 - Definitions

Section 3 - Implementation; Regulations; Response Actions

Section 3a - Timetables and Specifications for Action at Disposal Sites

Section 3b - Permit Application Fees; Annual Compliance Assurance Fees

Section 4 - Response Actions; Assessment, Containment and Removal; Liability of Persons Providing Care, Assistance or Advice

Section 4a - Notification of Response Action; Procedure; Civil Action

Section 5 - Persons Liable

Section 5a - Administrative Record; Selection and Review of Response Actions; Regulations

Section 5b - Judicial Review of Response Actions

Section 5c - Exemption From Liability for Release of Oil or Hazardous Material at a Site for Which a Permanent Solution or Remedy Operation Status Exists

Section 5d - Exemption From Liability for Release of Oil or Hazardous Material for Persons Who Did Not Cause or Contribute to the Release

Section 6 - Department Requirements for Prevention and Control of Releases; Restrictions on Property; Notice; Liability

Section 7 - Notice of Release or Threat of Release

Section 8 - Entry On, and Investigation and Inspection of Sites and Vessels

Section 9 - Orders to Conduct Assessment, Containment or Removal

Section 10 - Orders; Review

Section 11 - Violations; Penalties; Actions to Recover Costs

Section 11a - Civil Actions

Section 12 - Confidentiality of Information, Records or Reports

Section 13 - Liens on Property of Persons Liable; Priority; Releases

Section 14 - Response Actions at Sites; Meetings; Public Notice and Participation

Section 15 - Citizen Enforcement

Section 16 - Response Action Contractor Liability

Section 17 - Indemnification Agreements to Hold Harmless Response Action Contractor

Section 18 - Regulations

Section 19 - Office of Brownfields Revitalization

Section 20 - Distance of Lng Import Terminal From Certain Establishments

Section 21 - Distance of Lng Tankers Traveling by Waterway From Certain Establishments

Section 22 - Liability for Presence, Release or Threat of Release of Oil or Any Hazardous Material Related to a Dam