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HD 4401

An Act providing notice to the public of hazardous waste sites

194th Legislature (2025-2026) Introduced by Colleen Garry

Requires hazardous waste cleanup professionals to notify municipal clerks within 7 days of contamination posting, creating a public address-based database.

Reported, referred to the committee on Joint Rules, reported, rules suspended and referred to the committee on Environment and Natural Resources
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Bill Summary · HD 4401

Summary: An Act providing notice to the public of hazardous waste sites (HD 4401)

Overview

This bill would require certain professionals involved in hazardous waste site cleanups to provide formal notice to municipal officials and would create a publicly accessible database of known contaminated sites. It also establishes penalties for noncompliance. The measure aims to improve public transparency about hazardous waste sites within Massachusetts.

Purpose and Intent

  • Increase public awareness of hazardous waste contamination by ensuring timely municipal notification and public access to location-specific information.
  • Create an official record at the municipal level to support local planning, safety, and environmental oversight.

Key Provisions

  • Amends Section 19 of Chapter 21A by inserting new subsection (c):
    • A licensed hazardous waste site cleanup professional must send written notification to the City or Town Clerk of the municipality where the site is located.
    • Notification must be sent by certified mail within 7 days of the agency (federal or state) requiring posting of the known contamination at the location.
    • The Town or City Clerk must maintain a database of all locations for which contamination notifications have been received, organized by property address, and must make this database available to the public.
  • Penalties for noncompliance:
    • First offense: $1,000.
    • Each subsequent offense: $2,500.
    • Optional confinement: up to 2.5 years in the house of correction, or both.

Affected Parties

  • Licensed hazardous waste site cleanup professionals: responsible for timely notice to municipalities.
  • Municipal clerks (cities and towns): responsible for maintaining and providing public access to the contamination notification database.
  • The general public: gains access to a centralized, publicly available database of known hazardous waste sites by address.
  • State and federal environmental agencies: notification trigger is tied to agency postings of known contamination.

Procedural and Timeline Aspects

  • Introduced: March 24, 2025.
  • Legislative history indicates referral to House Rules (3/24/2025) and later actions moving to Joint Rules and then to Environment and Natural Resources (5/19/2025), with the bill noted as “reported” and “rules suspended.”
  • Similar measure previously filed in 2023-2024 as House No. 809, indicating prior consideration of similar concepts.

Potential Impact and Considerations

  • Public transparency: Likely to enhance public awareness and community planning around hazardous waste sites.
  • Administrative burden: Municipal clerks must establish and maintain a searchable public database; considerations include data accuracy, privacy, and ongoing maintenance costs.
  • Compliance and enforcement: The specified fines and potential confinement create a penalty framework to incentivize timely reporting.
  • Scope: Applies when agencies require posting of contamination; effectiveness depends on consistent agency determinations and reporting practices.

Legislative History (highlights)

  • Similar matter filed previously (H. 809, 2023-2024).
  • Current status: referred to Joint Rules and then to Environment and Natural Resources; rules may be suspended as part of progression through the committee process.

Compiled from official sources — confirm details with the bill’s official record.

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