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S 656

Public Utility Property

2025-2026 Regular Session Introduced by Michael Johnson

Massachusetts would require DEP approval via an administrative consent order for large soil reuse projects (>100,000 cu yd) at quarries, with strict plans, oversight, and penalties

Referred to Committee on Judiciary
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Bill Summary · S 656

Summary — S.656 (2025): An Act relative to the re‑use of soil for large reclamation projects

Note: The bill text filed in the Massachusetts Senate (No. 656) concerns reuse of soil for reclamation of quarries, sand pits, and gravel pits. Some metadata provided with the request (title about “visitability” and a list of federal sponsors) appears inconsistent with the bill text; this summary follows the bill language in the docket (filed 1/13/2025 / presented by Michael F. Rush).

Purpose / Intent

The bill establishes minimum regulatory requirements and an approval framework for the reuse of large volumes of soil in reclamation/filling operations at quarries, sand pits, and gravel pits. Its stated intent is to ensure that reuse of soil for large reclamation projects does not pose significant risk to public health, safety, welfare, or the environment. The bill includes an emergency clause to make the law effective immediately upon enactment.

Key definitions (selected)

  • Covered project: any quarry, gravel pit, or sand pit reclamation project that receives (or plans to receive) >100,000 cubic yards of soil.
  • Department: Massachusetts Department of Environmental Protection (DEP).
  • Hazardous material / Oil / Release / Solid waste: definitions largely track environmental law concepts, with “release” including placement or reuse of soil containing oil or hazardous material.
  • Notification Requirements: references DEP reporting requirements (310 CMR 40.000).

Main provisions

  • Applicability: applies to reclamation projects receiving more than 100,000 cubic yards of soil.
  • DEP approval: such covered projects must obtain a site‑specific approval in the form of an administrative consent order from DEP before proceeding.
  • Required elements of the administrative consent order (enumerated in the bill) include:
    1. A detailed soil and fill management plan (sampling, documentation, tracking, transport, permitted/prohibited materials).
    2. Nuisance prevention plans (noise, odor, litter, dust).
    3. Detailed stormwater management to protect sensitive receptors.
    4. Wetlands impact provisions and required local/state approvals (orders of conditions, etc.) as applicable.
    5. Public communication and stakeholder involvement plans.
    6. Oversight by a qualified environmental professional and a third‑party inspection program.
    7. A requirement to comply with all applicable laws and regulations.
    8. Stipulated penalties for noncompliance.
    9. A certification, signed by an agent of the covered project, that reuse of the large soil volume poses no significant risk and will not create new releases or threats of releases of oil or hazardous materials.
  • Eligibility limitation: soil accepted by a covered project must not contain more than “de minimis” quantities of solid waste. Placement or reuse of soil containing oil or hazardous material into the environment is treated as a “release” subject to applicable reporting and enforcement.
  • The bill incorporates DEP reporting/notification references (310 CMR 40.000) for releases and changes in activities.

Who is affected

  • Operators/owners of quarries, sand pits, and gravel pits proposing to accept >100,000 cubic yards of soil for reclamation.
  • Soil generators and transporters selling or moving fill materials to such projects.
  • DEP (responsible for issuing administrative consent orders and oversight).
  • Local conservation commissions and other permitting authorities (wetlands/stormwater interfaces).
  • Local communities and stakeholders who may be affected by noise, dust, transport, or potential contamination.

Procedural status (from provided actions)

  • Filed / docketed in the Massachusetts Senate: 1/13/2025 (Senate No. 656; presented by Michael F. Rush).
  • Introduced / read twice and referred to committees in Feb 2025; subsequent committee referrals and hearings are noted in the provided log (Environment and Natural Resources; Judiciary noted in some entries). (The provided legislative action history contains date duplications and inconsistencies; consult the official legislative website for up‑to‑date status.)

Potential impacts and considerations

  • Environmental protection: raises oversight and documentation standards to reduce the risk of contaminated soil reuse and protect water, wetlands, and public health.
  • Administrative and compliance costs: covered projects will face added permitting, sampling, third‑party inspection, and monitoring costs; projects may be delayed pending DEP consent orders.
  • Market effects: may reduce the volume of soils eligible for onsite reuse at large reclamation projects and increase reliance on permitted disposal or remediation pathways.
  • Public involvement: the bill mandates public communication and stakeholder involvement, increasing transparency.
  • Enforcement: adds explicit stipulated penalties for noncompliance and treats reuse of oil/hazardous material–containing soil as a reportable release.

Notes / caveats

  • The bill text supplied is truncated in later sections; additional specifics (e.g., enforcement mechanics, definitions of “de minimis,” or administrative timelines) may appear in the remainder of the text.
  • Some metadata provided with the request (title and sponsor lists) appears inconsistent with the Massachusetts Senate filing; the primary petitioner in the bill text is Senator Michael F. Rush. Verify sponsor and status on the official Massachusetts legislative website.

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

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