Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup. May 24, 2007 Advisory Committee meeting. Rich Packard provides the history that resulted in passage of the Act. In 2003, a barge carrying 4 million gallons of #6 oil struck a ledge in Buzzards Bay as it was being towed. The resulting spill closed 178 acres of shellfishing area and killed 480 birds. A commission established by Governor Romney developed comprehensive legislation to control/restrict barges and tugboats, which was enacted as the Oil Spill Act of 2004. The statute: · Created a trust fund (now containing ~$3M) to improve and enhance spill response and established an Advisory Committee · Directed MassDEP to designate areas of special interest · Enhanced penalties · Mandated review of the Buzzards Bay Transit System
A federal court recently struck down several provisions it considered to be pre-empted by federal jurisdiction. The Commonwealth is appealing the decision.