§ 19A — Board of registration of hazardous waste site cleanup professionals

Section 19A. There is hereby established within the executive office of environmental affairs the board of registration of hazardous waste site cleanup professionals. The board shall consist of eleven members. One member, who shall be the chairman of the board, shall be the commissioner of the department or his designee; provided, that said designee shall be a full-time employee of the department at all times while he is so designated. The governor shall appoint the other ten members of the board, who shall be the following: five shall be hazardous waste site cleanup professionals licensed by the board at all times while they are members of the board effective one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B; provided, however, one such licensed hazardous waste site cleanup professional shall be a full-time employee of a manufacturing firm engaged in the utilization of hazardous materials and one other such licensed hazardous waste site cleanup professional shall have significant experience in the assessment or redemption of sites contaminated with petroleum; three shall be members of statewide organizations that promote the protection of the environment at the time of appointments and who are knowledgeable with respect to issues involving responding to releases of oil and hazardous materials; one shall be a member of a labor organization who is knowledgeable with respect to issues involving responding to releases of oil and hazardous materials; and one shall be a hydrogeologist who is knowledgeable with respect to issues involving responding to releases of oil and hazardous materials and environmental protection. Until one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, five environmental professionals who have knowledge and experience, and are presently engaged, in responding to releases of oil and hazardous materials shall serve in place of the five licensed hazardous waste site cleanup professionals; provided, however, that one such environmental professional shall be a full-time employee of a manufacturing firm engaged in the utilization of hazardous materials, and one other such environmental professional shall be a full-time employee of a firm engaged in the manufacturing and processing of petroleum products. The terms of the ten members of the board initially appointed by the governor shall expire one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B. The governor shall thereupon appoint two licensed hazardous waste site cleanup professionals to a one-year term beginning one year after the date of publication in the Massachusetts Register of the first regulations promulgated pursuant to section nineteen B, one licensed hazardous waste site cleanup professional to a two-year term beginning on said date, one licensed hazardous waste site cleanup professional to a three-year term beginning on said date; and one licensed hazardous waste site cleanup professional to a four-year term beginning on said date; one member from a statewide organization that promotes the protection of the environment to a two-year term beginning on said date, a member from a statewide organization that promotes the protection of the environment to a three-year term beginning on said date, and a member from a statewide organization that promotes the protection of the environment to a four-year term beginning on said date, the representative from the labor organization to a three-year term beginning on said date and the hydrogeologist to a four-year term.Thereafter, the term of the ten members of the board appointed by the governor shall be four years. Each of the ten members of the board appointed by the governor whose term has expired shall continue to be members of the board until his successor is appointed and qualified, at which time the successor shall complete the unexpired portion of the term. The ten members of the board appointed by the governor shall serve without compensation.Subject to appropriation, the secretary of the executive office of environmental affairs shall employ such staff and other persons as are required to assist him or the board or both in the performance of their functions or duties pursuant to sections nineteen through nineteen J, inclusive, including, without limitation, administrative law judges who may conduct adjudicatory proceedings held pursuant to sections nineteen through nineteen J, inclusive; provided, that the board shall make all final decisions in such adjudicatory proceedings.