The proposed law would require the state Department of Environmental Quality Engineering (DEQE) to search for sites in the Commonwealth where oil or hazardous materials have been disposed of and to take all steps necessary to clean up those sites within specified time limits, Provisions are made for informing the public about sites in their communities.

Beginning on January 15,1987, DEQE would be required to publish lists every three months of all sites where it has confirmed that uncontrolled oil or hazardous materials have been disposed of and locations to be investigated as possible disposal sites, The lists would describe what actions have been taken at each site or location, DEQE would be required to list, to the extent is a disposal site, and whether it poses an imminent or substantial hazard to health, safety, public welfare or the environment.

For sites found to pose a substantial hazard, DEQE would be required, within the next two years, to ensure that those hazards are eliminated and to develop a plan to eliminate permanently future risks from those sites, Imminent hazards would have to be eliminated immediately, For sites found not to pose any substantial hazards DEQE must, within seven years after the listing, ensure that the full extent of contamination is evaluated and that a plan to eliminate permanently future risks is developed.

The proposed law would require DEQE to provide public notice and encourage public participation, Within 30 days after completing a site investigation, DEQE would have to inform the public through local newspapers of the results of that investigation and of the rights of local citizens under the state law, If ten citizens of a town potentially affected by a site submit a request, DEQE would be required to develop a plan for involving the public in its cleanup decisions and present that plan at a public meeting, The chief municipal officer of a city or town in which a disposal site is located could appoint that it has identified, at least 400 possible disposal sites by January 15,1987, 600 additional locations by January 15,1988, and 1,000 additional locations in each subsequent year.

Within one year after a location is listed as a possible disposal site DEQE would be required to determine if further investigation is warranted If so, within two years after the listing, DEQE must confirm whether the location individual(s) to inspect the site on behalf of the community.

Massachusetts residents could bring lawsuits to enforce the provisions of the proposed law or to lessen a hazard related to oil or hazardous materials If such a lawsuit is brought, a court could award costs, including reasonable fees for attorneys and expert witnesses.