Massachusetts General Laws
Chapter 21e - Massachusetts Oil and Hazardous Material Release Prevention and Response Act
Section 19 - Office of Brownfields Revitalization

Section 19. (a) There is hereby created an office of brownfields revitalization, under the direct supervision and control of the governor. Said office of brownfields revitalization shall, in consultation with the departments of housing and community development, environmental protection, economic development, public health, the Massachusetts Development Finance Agency, and other entities as appropriate, coordinate development and implementation of a Massachusetts brownfields strategy for cleanup and redevelopment of contaminated sites in economically distressed areas of the commonwealth. Such strategy shall: (1) promote the redevelopment and reuse of sites that are located in economically distressed areas and are contaminated by oil or hazardous material, and (2) to the maximum extent feasible, reap the combined benefits of environmental protection and economic redevelopment for the commonwealth.
(b) In implementing such brownfields strategy, the office of brownfields revitalization shall:
(1) with respect to each brownfields covenant not to sue agreement implemented under section 3A consult with the attorney general;
(2) provide assistance to the advisory group established in section 29A of chapter 23G in the development of advisory recommendations for funding projects;
(3) in conjunction with the departments of economic development, housing and community development, and environmental protection, provide technical assistance to municipalities, redevelopment authorities, redevelopment agencies, community development corporations, economic development and industrial corporations and other persons interested in redeveloping brownfields;
(4) serve as liaison with local, state and federal agencies on development issues affecting response actions performed pursuant to this chapter and regulations promulgated hereunder; and
(5) ensure that the commonwealth realizes all possible benefits of federal and private assistance for brownfields redevelopment efforts.
(c) The governor is hereby authorized to appoint a director of the office of brownfields revitalization established by this section, who shall serve as brownfields ombudsman. The governor shall choose from among three candidates nominated by the brownfields advisory group established by section 29A of chapter 23G. Candidates for the position of ombudsman shall have extensive experience or expertise in two or more of the following:
(i) environmental discovery, containment and remediation;
(ii) economic development in urban areas of the commonwealth;
(iii) commercial or industrial property development;
(iv) property or environmental law.
(d) Such office is hereby authorized to employ three staff, one of whom shall be a waste site cleanup professional licensed by the commonwealth pursuant to sections 19 to 19J, inclusive, of chapter 21A, one of whom shall be a specialist in urban redevelopment with particular experience in bringing together community and development interests to implement specific projects, and one of whom shall provide administrative support to such office.

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