Massachusetts Property Transfer: What you need to know

Governing Law and Regulations

Hazardous waste treatment, storage, and disposal facility (TSDF): 310 Code of Massachusetts Regulations (CMR) 30.580 to 30.587 and 310 CMR 30.594 to 310 CMR 30.595

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Activity and use limitations (AULs): 310 CMR 40.1000 to 40.1099

TSDF sites: Massachusetts General Laws (MGL), Chapter 21C, Section 7

Wetlands permits: 314 CMR 9.09

Drinking water: 310 CMR 22.24

Title 5: 310 CMR 15.301

Inspection criteria: 310 CMR 15.302

Regulatory Agency

Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. The Massachusetts 21E, or state Superfund law, requires that any site that has contamination requires a property evaluation by a Licensed Site Professional (LSP). While this regulation is not specific to property transfer, it is considered a standard of care in most real estate transactions. In addition, the state implements activity and land use restrictions for sites where contamination is left in place or being monitored, and these restrictions must be disclosed during real property transfer.

Massachusetts requires TSDF owners and operators to record their license and to disclose certain information about the facility when it is closed. The state hazardous waste closure regulations are identical to the federal regulations and require notification of site conditions on local land records.

The state has also established regulatory requirements for property transfers related to wetlands, on-site sewage disposal facilities, and water supply lands. Any site that has a water or air discharge permit will typically ...

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State Requirements

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Massachusetts Property Transfer Resources

Forms Well Disclosure Certificate

Property Transfer Products

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