By Mr. Sullivan of Fall River, petition (accompanied by bill, House, No. 881) of David B. Sullivan and others for legislation to provide for the inspection for toxic and hazardous materials by the Department of Environmental Protection prior to the closing of businesses.  Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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PETITION OF:

David B. Sullivan

Anthony J. Verga

Barbara A. L'Italien

Gloria L. Fox

Cory Atkins

Christine E. Canavan

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In the Year Two Thousand and Seven.

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An Act further regulating hazardous and toxic material.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: Chapter 111F of the General Laws as appearing in the 2004 Official Edition is hereby amended by inserting after section 21 the following section :-

Section 22. Any employer who is closing his business shall, at least 60 days prior to such closing, notify the DEP. DEP will schedule a formal walk through of the business prior to closure to inventory existing hazardous/toxic waste and formally document the outcome of the on site survey. DEP will mandate a closure plan with a schedule to have the company remove hazardous/toxic materials within compliance of the law prior to the company vacating the premises.

DEP will monitor the company to ensure total compliance and completion of said plan and impose appropriate penalties for non-compliance with said plan, up to and including criminal prosecution if applicable.

DEP shall be responsible to ensure compliance by the facility and will be responsible to facilitate the seizing of remaining assets to pay for the legal removal of hazardous/toxic chemical by-products due to the non-compliance by the facility.