LegalFix

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

MA Gen L ch 21e § 14 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 14 - Response Actions at Sites; Meetings; Public Notice and Participation