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SD 526

An Act relative to the re-use of soil for large reclamation projects

194th Legislature (2025-2026) Introduced by Mike Rush

MassDEP must issue site-specific approvals for large soil reuse (100,000+ yd³) with strict management plans, oversight, and penalties to protect health and the environment.

House concurred
0
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Bill Summary · SD 526

Summary: SD 526 — An Act relative to the re-use of soil for large reclamation projects

Overview

SD 526, introduced February 27, 2025 and sponsored by Michael F. Rush, proposes new Massachusetts Department of Environmental Protection (MassDEP) oversight for the large-scale re-use of soil in quarry, sand pit, and gravel pit reclamation. The bill designates an emergency framework to ensure that reusing soil in reclamation projects poses no significant risk to health, safety, public welfare, or the environment. The measure is framed as a statutory addition to Chapter 21E and has already progressed to a House concurrence.

Purpose and intent

  • Establish a formal, site-specific authorization pathway for re-using soil in reclamation projects that involve substantial volumes of soil (defined as 100,000+ cubic yards).
  • Provide concrete requirements to manage, monitor, and mitigate environmental and public-health risks associated with large soil fills.
  • Create enforceable standards and penalties to ensure compliance and to protect surrounding communities and ecosystems.

Key provisions

  • Definitions (Section 23): The bill creates terms essential to implementation, including:

    • Approved Re-use: soil use for reclamation under the policy
    • Covered project: reclamation project receiving >100,000 cubic yards of soil
    • Filling operation, Department, Oil, Hazardous material, Release, Reportable release, and related terms
    • Clarifies what constitutes solid waste for purposes of eligibility

  • Applicability

    • Applies to quarry, gravel pit, or sand pit reclamation projects receiving more than 100,000 cubic yards of soil.

  • Department responsibility

    • MassDEP must issue a site-specific approval in the form of an administrative consent order for any covered project.

  • Administrative consent order requirements (non-exhaustive outline):
    1) Detailed soil and fill management plan (sampling, documentation, tracking, permitted materials)
    2) Plans to manage nuisance conditions (noise, odor, litter, dust)
    3) Stormwater management plan to protect sensitive receptors
    4) Wetlands impact provisions and related permits or orders
    5) Public communication and stakeholder involvement plan
    6) Oversight by a qualified environmental professional and third-party inspections
    7) Compliance with applicable laws and regulations
    8) Stipulated penalties for noncompliance
    9) Certification that large-scale soil reuse poses no significant risk and would not create new releases of oil or hazardous materials

  • Eligibility of soil

    • Soil accepted for use must not contain more than de minimis quantities of solid waste.
    • The placement of soil containing oil or hazardous material constitutes a release.

Affected entities

  • Large reclamation projects (quarries, sand pits, gravel pits) that plan to receive 100,000+ cubic yards of soil.
  • Operators of these projects, who would need to prepare the required management, oversight, and compliance documentation.
  • MassDEP, which would issue the administrative consent orders and oversee adherence to the program.

Procedural and timeline notes

  • Filed: January 13, 2025; introduced as Senate Bill 526.
  • Legislative actions: Referred to the Committee on Environment and Natural Resources on February 27, 2025; the bill note indicates House concurrence on the same date.
  • Status: House concurred (as of the provided record). Similar matter existed in a prior session (Senate No. 571, 2023-2024).

Potential impact

  • Enhanced environmental and public-health protections for large-scale soil reuse projects.
  • Increased accountability and monitoring through site-specific approvals, third-party inspections, and explicit penalties for noncompliance.
  • Clear framework for determining eligibility of soil and for managing nuisance and stormwater impacts.
  • May influence project planning, cost, and timelines for reclamation efforts involving large volumes of soil.

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

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