Mass. Gen. Laws ch. 21D, sec. 7 — MA Code / Part I / Title II / Chapter 21D / Section 7
Notice of intent to construct, maintain and operate facility
Status: in_force

Section 7. Every developer proposing to construct, maintain and operate a hazardous waste facility shall submit a notice of intent to the council, the department, the department of environmental protection, the chief executive officer of the host community, if any, any regional planning agency of which the host community, if any, is a member or in which it otherwise participates, the chief executive officer of all abutting communities, if any, and those persons owning or otherwise exercising control over the real property of any site on which the developer proposes to construct, maintain and operate a hazardous waste facility. A separate notice of intent shall be submitted by the developer for each site proposed by the developer for a facility. The notice of intent shall include: (1) a description of the type of hazardous wastes the developer proposes to accept for treatment, processing and disposal at the facility; (2) a description of the technology and procedures the developer proposes to use to treat, process, and dispose of hazardous waste at the facility; (3) the site, if any, proposed by the developer as a possible location for the construction and operation of the facility; (4) a description of the present suitability of the site, and of what additional measures, if any, will be required to make the site suitable for the purpose of constructing, maintaining and operating a facility; or in the event such developer is not proposing a site, the requirements and characteristics of a site that would be appropriate for said facility; (5) preliminary specifications and architectural drawings of the proposed facility; (6) a copy of the most recently published statewide environmental impact report issued by the department pursuant to section three; and (7) any other information required to be submitted in accordance with the rules, regulations, procedures and standards of the department or the council. In submitting a notice of intent, the developer shall attach thereto such documents prepared or approved by the department which describe and explain the hazardous waste facility siting process as established by the provisions of this chapter, which describe and explain the types of planning and other technical assistance available to the host community and to abutting communities from any source, including, but not limited to, state agencies and the developer, and which describe and explain the types of special benefits that may be included in a negotiated facility siting agreement between a local assessment committee in a host community and a developer including, but not limited to, direct compensation payments to the host community, safety operation and monitoring programs, and future monetary incentives to the host community. The council shall, within fifteen days of the receipt of a completed notice of intent, review the proposed project to determine if the proposed project is feasible and deserving of state assistance. The department shall publish and disseminate any determination by the council that a proposed project is feasible and deserving of state assistance by notifying all those who previously received the notice of intent pursuant to this section and the chief executive officer of every city and town in the commonwealth. The department shall include its schedule of briefing sessions pursuant to section eight of this chapter in such notification.

Section 7. Every developer proposing to construct, maintain and operate a hazardous waste facility shall submit a notice of intent to the council, the department, the department of environmental protection, the chief executive officer of the host community, if any, any regional planning agency of which the host community, if any, is a member or in which it otherwise participates, the chief executive officer of all abutting communities, if any, and those persons owning or otherwise exercising control over the real property of any site on which the developer proposes to construct, maintain and operate a hazardous waste facility. A separate notice of intent shall be submitted by the developer for each site proposed by the developer for a facility.

The notice of intent shall include:

(1) a description of the type of hazardous wastes the developer proposes to accept for treatment, processing and disposal at the facility;

(2) a description of the technology and procedures the developer proposes to use to treat, process, and dispose of hazardous waste at the facility;

(3) the site, if any, proposed by the developer as a possible location for the construction and operation of the facility;

(4) a description of the present suitability of the site, and of what additional measures, if any, will be required to make the site suitable for the purpose of constructing, maintaining and operating a facility; or in the event such developer is not proposing a site, the requirements and characteristics of a site that would be appropriate for said facility;

(5) preliminary specifications and architectural drawings of the proposed facility;

(6) a copy of the most recently published statewide environmental impact report issued by the department pursuant to section three; and

(7) any other information required to be submitted in accordance with the rules, regulations, procedures and standards of the department or the council.

In submitting a notice of intent, the developer shall attach thereto such documents prepared or approved by the department which describe and explain the hazardous waste facility siting process as established by the provisions of this chapter, which describe and explain the types of planning and other technical assistance available to the host community and to abutting communities from any source, including, but not limited to, state agencies and the developer, and which describe and explain the types of special benefits that may be included in a negotiated facility siting agreement between a local assessment committee in a host community and a developer including, but not limited to, direct compensation payments to the host community, safety operation and monitoring programs, and future monetary incentives to the host community.

The council shall, within fifteen days of the receipt of a completed notice of intent, review the proposed project to determine if the proposed project is feasible and deserving of state assistance. The department shall publish and disseminate any determination by the council that a proposed project is feasible and deserving of state assistance by notifying all those who previously received the notice of intent pursuant to this section and the chief executive officer of every city and town in the commonwealth. The department shall include its schedule of briefing sessions pursuant to section eight of this chapter in such notification.