Section 7A. (a) For the purposes of this section, ''person'' shall include surveyors of highways, road commissioners, superintendents of streets in towns, commissioners of public works in cities and towns, the chief engineer of the highway division of the Massachusetts Department of Transportation, the chief administrative officers of state agencies and private persons, including corporations.
(b) No person shall store sodium chloride, calcium chloride or chemically treated abrasives or other chemicals used for the removal of snow or ice on roadways in such a manner or place as to subject a water supply or groundwater supply to the risk of contamination.
(c) Any sodium chloride, calcium chloride or chemically treated abrasives or other chemicals used for the removal of snow or ice on roadways and stored within 200 hundred yards of an established river or estuary shall be stored in a solid frame storage shed to insure against ground leaching and airborne pollution of surrounding property. This subsection shall not apply to: (1) a water-dependent marine cargo facility that, on or before May 10, 1991, stored or distributed any such snow removal chemicals, is currently located at the site from which such chemicals were stored or distributed on or before May 10, 1991, such chemicals are stored or distributed with 200 yards of an established river or estuary and such river or estuary has a depth-averaged annual salinity greater than 10 parts per 1,000; or (2) a water-dependent marine cargo facility that stores or distributes any such snow removal chemicals, is located on an established river or estuary that has a depth-averaged annual salinity greater than 10 parts per 1,000 and has an agreement with the municipality in which it is located providing for the best management practices.
(d) The department of environmental protection, in consultation with the highway division, may issue regulations as to the place and manner of storage of such chemicals and may regulate, by specific order in a particular case, the place where such chemicals may be used for such purpose. All water-dependent marine cargo facilities storing chemicals used for the removal of snow and ice on roads shall have the best management practices described in writing for inspection at the facility by the department.
(e) A violation of this section or a regulation or order issued hereunder shall be punished by a fine not to exceed $50 dollars per day.
(f) A person who uses more than 1 ton of the chemicals described in this section in a calendar year shall report annually to the department of environmental protection on November 1 and at such other times as prescribed the amount of such chemicals used in the previous 12 months specified by road section or other location and the amount of chemicals on hand. Copies of such reports shall be made available upon the request of a concerned state or municipal agency or commission. The department may require studies by competent professional personnel of the probable impact of proposed new or improved highways and the maintenance thereof by use of such chemicals upon reservoirs, ponds, streams, lakes, wetlands and the groundwater aquifers associated with both public and private water sources. Estimates of such chemicals to be applied on proposed roadways and other paved areas shall be based upon the most recent records of chemicals actually applied as reported under this section.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Chapter 85 - Regulations and By-Laws Relative to Ways and Bridges
Section 1 - Direction Signs; Erection and Maintenance by Cities and Towns
Section 2 - Traffic Signs or Devices; Erection and Maintenance; Rules and Regulations
Section 2a - Removal of Vehicles Interfering With Snow and Ice Removal
Section 2b - Limited Access and Express State Highways; Regulation of Use
Section 2c - Towing of Vehicles From State Highways
Section 2d - Signs on State Highways Indicating Availability of Certain Services
Section 3 - Change of Name of Ways or Parks; Appeal
Section 3a - Approval of Name for Way Other Than Public Way in City or Town
Section 3b - Changing of Name of Way
Section 4 - Construction of Sidewalks by Adjoining Landowners
Section 5 - Removal of Snow and Ice From Sidewalks by Abutting Landowners; Penalties
Section 6 - Assessment of Cost of Removal of Snow and Ice From Sidewalks
Section 7 - Exemption From Assessment by Agreement of Owner to Remove Snow and Ice
Section 7a - Storage and Use of Snow Removal Chemicals; Regulations; Reports; Penalty
Section 7b - Depositing Snow on State Highways
Section 8 - Permits for Signs and Other Structures Projecting Into or Over Ways
Section 9 - Permits; Exemption of Certain Structures
Section 9a - Flashing Lights on Billboards, etc.; Discontinuance Orders; Penalties; Exceptions
Section 10 - Regulation of Use of Ways; Penalties
Section 10a - Coasting on Ways in Cities
Section 11 - Arrest Without Warrant for Driving at Excessive Speed
Section 11b.5 - Mandatory Helmet Use for Persons 16 Years of Age or Younger
Section 11d - Bicycle Helmets; Display of Sign Requiring Use
Section 11e - Traffic Law Violations by Bicyclist
Section 14a - Funeral Processions
Section 14b - Flares; Use by Certain Commercial Vehicles
Section 15 - Lights on Vehicles
Section 16 - Duty of Driver at Night to Give Name to Officer on Request
Section 17 - Penalty for Violation of Sec. 15 or 16
Section 17a - Soliciting From Vehicles on Public Ways
Section 17b - Riding on Rear or Side of Street Railway Car, Motor Bus or Trackless Trolley
Section 18 - Moving of Buildings in Public Way
Section 19 - Leading, Driving, or Conveying Dangerous Wild Animals on Public Ways
Section 20 - Regulation of Speed on County Bridges
Section 21 - Regulation of Speed on Town Bridges
Section 21a - Warning Signs on State Highways for Protection of School Children
Section 22 - Regulation of Speed on Incorporated Bridges
Section 23 - Regulation of Travel on State Ways; Penalties
Section 24 - Posting of Regulations on Bridges
Section 25 - Jurisdiction of District Court Over Bridges
Section 27 - Duties of Draw Tender
Section 28 - Liability of Owners of Vessel for Injury to Bridge
Section 29 - Removal of Vessel Obstructing Draw
Section 31 - Speed of Heavy Vehicles With Metallic Tires
Section 32 - Penalties for Violations of Secs. 30, 30a, and 31
Section 33 - Scope of Secs. 30 to 32
Section 34 - Protection of Bridges From Heavy Loads
Section 36 - Construction and Loading of Vehicles to Prevent Dropping of Load on Way; Penalty
Section 37 - Indemnity Provision in Motor Carrier Transportation Contracts Void and Unenforceable