Section 21B:16 - License to operate quarry(a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: "Aggregate", granular materials such as gravel, sand and crushed rock that are combined for a particular purpose.
"Certified geologist", a professional geologist certified by the American Institute of Professional Geologists.
"Concrete aggregate", natural sand, natural gravel or crushed aggregate products produced from ledge rock.
"State geologist", the state geologist appointed pursuant to section 7B of chapter 21A.
(b) Any person seeking to mine, expand, excavate or otherwise operate a quarry for the purpose of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure such as roadways and bridges shall submit to the commissioner and the state geologist an application for a license to conduct such quarry activity. Each license application shall consist of:
(i) a description of the geographic location of the quarry; (ii) a quarry operations plan including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee in an amount to be determined by the commissioner. Fees received by the department under this section shall be used to implement this section; provided, however, that any surplus fee receipts shall be deposited into the General Fund.(c) The geological source report required in subsection (b) shall be prepared by a certified geologist in a form and manner prescribed by the commissioner, in consultation with the state geologist and a representative nominated by the Massachusetts Concrete and Aggregate Producers Association Inc., and shall include, but not be limited to: (i) a description of the characteristics of the aggregate to be excavated at the subject quarry; (ii) a description of the products to be produced by such quarry; (iii) a copy of the results of an inspection of face material and geologic log analysis conducted not more than 60 days from the date of the report; and (iv) petrographic analyses of grab or core samples representative of the material being mined.(d) Aggregate testing to identify the presence of pyrite or pyrrhotite required in subsection (b) shall include, but not be limited to, a total sulfur test to measure total sulfur content in a representative sample. Aggregate testing shall be performed by an accredited laboratory in accordance with applicable standards established by American Society of Testing and Materials international standards or alternate standards to be determined by the commissioner in consultation with the state geologist.(e) The commissioner or a designee, in consultation with the state geologist, shall review each license application submitted pursuant to this section and notify each applicant whether the license has been approved and any applicable conditions of operation. If the application is denied, the notification shall include the reason for denial. A license granted under this section shall be valid for 1 year from the date of approval; provided, however, that a geological source report prepared under subsection (c) shall be valid for a period of 4 years from the date of preparation; and provided further, that aggregate test results demonstrating a total sulfur content of less than 0.1 per cent by mass shall be valid for a period of 4 years from the date of testing. A license shall not be approved if the total sulfur content is not less than 1 per cent by mass. If the total sulfur content is equal to or greater than 0.1 per cent by mass but not more than 1 per cent by mass, the license shall be denied unless the state geologist, in the state geologist's sole discretion, recommends approval to the commissioner consistent with applicable American Society of Testing and Materials international standards. The state geologist may require additional testing or information to justify an approval recommendation.(f) A person owning or operating a quarry subject to licensure pursuant to this section shall maintain all records relevant to such licensure and quarry operation including, but not limited to, a record of the aggregate source in concrete batches, for not less than 30 years.(g) The commissioner, in consultation with the state geologist, shall catalogue and maintain the quarry data collected under this section.(h) Nothing in this section shall prohibit a municipality from requiring permits for quarry operation or excavation or from establishing pyrite and pyrrhotite presence restrictions that are more stringent than those set forth in this section.(i) Nothing in this section shall affect the operations of quarries producing aggregate for purposes other than those described in subsection (b).(j) The department, in consultation with the state geologist, shall promulgate regulations to implement this section.Mass. Gen. Laws ch. 21B, § 16
Added by Acts 2022, c. 126,§ 13, eff. 7/1/2022.