reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 10 - Phase I of the Low&ndash;level Radioactive Waste Management Act; Planning

Section 10. Planning for low-level radioactive waste management shall be conducted, subject to appropriation, in accordance with sections eleven to seventeen, inclusive, which shall be known and cited as ''Phase I of the Low–Level Radioactive Waste Management Act''. The provisions of such sections shall be implemented so as to require appropriate source minimization, volume minimization and storage for decay; to require a comprehensive management plan, an appropriate determination of need, and adequate regulatory controls and site selection criteria prior to the initiation of site selection; and to prohibit shallow land burial.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 11 - Procedures for Adoption of Management Plan

Section 11. (a) The adoption of a management plan under section twelve, the adoption of regulations for source minimization, volume minimization and storage for decay under section thirteen, the adoption of regulations for the selection of any superior site under section fourteen the adoption of regulations for operator selection under section fifteen and the adoption of regulations for the licensing of any facility under section sixteen shall be in accordance with the procedures set forth in this section. The recommendations of the public participation coordinator, made pursuant to section six, shall be implemented to the extent feasible in order to ensure appropriate public participation during the development of such plans and regulations; to ensure that adequate information concerning such plans and regulations is available; to facilitate the conduct of public meetings and other opportunities for public review and comment; and to ensure that public concerns are identified and addressed throughout the development of such plans and regulations.
(b) No fewer than four months prior to the initial adoption of a management plan pursuant to section twelve and the initial adoption of regulations under sections thirteen to sixteen, inclusive, the responsible agencies shall issue drafts of such management plan and regulations, together with summaries thereof, for public review and comment. No fewer than thirty days and no more than ninety days after the issuance of such drafts, the responsible agencies and the public participation coordinator shall jointly conduct a minimum of six consolidated public meetings throughout the commonwealth on the drafts and shall accept written comments thereon. Such consolidated public meetings shall be conducted at times and locations to be agreed by the responsible agencies and the public participation coordinator.
(c) The management plan and any regulations adopted under any of sections thirteen to sixteen, inclusive, shall be adopted in accordance with the requirements of sections two to six, inclusive, of chapter thirty A; provided, however, that a public hearing satisfying the requirements of section two of said chapter thirty A shall be required prior to the adoption, amendment or repeal of the management plan or any such regulation.
(d) The initial management plan developed under section twelve and the initial regulations developed under sections thirteen to sixteen, inclusive, shall be adopted by January first, nineteen hundred and eighty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 13 - Low-Level Radioactive Waste Source Minimization, Volume Minimization and Storage for Decay by Generators Program; Establishment

Section 13. The department of public health, after consultation with the board, shall establish a program for low-level radioactive waste source minimization, volume minimization and storage for decay by generators. Said department shall adopt regulations necessary to implement such program consistent with the protection of public health, safety and the environment and with the promotion of responsible research and innovation. Such regulations shall require generators to avoid unnecessary contamination of items during the use of radioactive materials; to segregate radioactive waste from non-radioactive trash; and to prepare and implement plans for the utilization of all appropriate source minimization, volume minimization and storage for decay methods.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 15 - Selection of Operators; Adoption of Regulations

Section 15. The board shall adopt regulations governing the selection of operators. Such regulations shall include financial, technical and management criteria and shall establish procedures adequate to determine that the operator possesses sufficient reliability, expertise, and competence to operate a facility so as to protect public health and the environment. Such determination shall be based, in part, on information submitted by applicants, in response to any request for proposals issued pursuant to section twenty-two, including:
(a) organizational information for the applicant and any proposed subcontractors detailing their legal structure, ownership and control and operational experience, and the background and qualifications of all officers, directors, partners and principal owners of each such firm and of the key personnel to be utilized in the performance of any contract with the board, and a description of the locations and operating experiences of existing or former operations of such persons; the history of compliance with, and any violations of federal, state or local requirements by such persons in any jurisdiction in which they or any of them have done business, and any felony convictions of such persons;
(b) a financial disclosure statement describing the applicant's financial resources and proposed revenue plans and demonstrating that the applicant either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds to cover the estimated costs of development and operation of a facility and will have sufficient funds available to carry out facility closure and post-closure observation and maintenance; and
(c) a preliminary facility development, operation, closure, post-closure observation and maintenance and institutional control plan including a description of the proposed technology or technologies to be utilized, and of the applicant's staffing plans and personnel training program, safety and recordkeeping procedures, and emergency response plans.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 17 - Initiation of Site Selection Process; Board Vote; Conditions

Section 17. (a) The board shall initiate the site selection process established in sections eighteen to twenty-three, inclusive, if it determines, by a two-thirds vote of its members, that it is necessary and appropriate to proceed with site selection. Such vote may be taken only if:
(1) the board has adopted a low-level radioactive waste management plan under section twelve, incorporating a finding that there is a requirement for additional facility capacity to meet present needs or needs anticipated to arise within the next decade;
(2) the department of public health has adopted regulations under section thirteen necessary to implement a program for source minimization, volume minimization and storage for decay by generators;
(3) the department of environmental protection has adopted, under section fourteen, criteria for selection of any superior site for the development and operation of a low-level radioactive waste management facility, guidelines for their application, and procedures for implementing the site selection process;
(4) the board has adopted regulations, under section fifteen, for the selection of operators; and
(5) the department of public health has adopted regulations, under section sixteen, for the licensing development, operation, closure, post-closure observation and maintenance and institutional control of a facility.
(b) No fewer than twenty-one days prior to a vote to initiate site selection pursuant to this section, the board shall issue a notice, satisfying the requirements of section two of chapter thirty A, of its intent to conduct such vote.
(c) Upon voting to initiate site selection, the board shall notify the chief executive officer of each community of the commencement of the site selection process, explaining in detail the site selection criteria, guidelines for their application and procedures for implementation of site selection, and offering the resources of the board and the public participation coordinator to assist communities in participating in the site selection process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 18 - Phase Ii of the Low&ndash;level Radioactive Waste Management Act; Implementation for Site Selection Process

Section 18. The selection of any superior site shall be conducted in accordance with sections nineteen to twenty-four, inclusive, which shall be known and may be cited as ''Phase II of the Low–Level Radioactive Waste Management Act,'' and in accordance with the regulations adopted under section fourteen. The provisions of such sections and regulations shall be implemented so as to ensure an open and fair process for selecting a superior site for any facility determined to be needed pursuant to Phase I of the Low–Level Radioactive Waste Management Act and for certifying applicants who satisfy the regulatory criteria adopted pursuant to said Phase I.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 19 - Site Selection Process; Procedures

Section 19. (a) The site selection process conducted pursuant to sections twenty and twenty-three shall be in accordance with the procedures set forth in this section. The recommendations of the public participation coordinator, made pursuant to section six, shall be implemented to the extent feasible in order to ensure appropriate public participation in the site selection process; to ensure that adequate information concerning the site selection process is available; to facilitate the conduct of public meetings and other opportunities for public review and comment; and to ensure that public concerns are identified and addressed throughout the site selection process.
(b) In accordance with the regulations adopted under section four, the board shall retain such consultants as it determines are necessary to complete the site selection process.
(c) Each notice required by section twenty or twenty-three to be given to the chief executive officer of a community shall, at a minimum, explain in detail all actions taken pursuant to sections eleven to seventeen, inclusive, and those actions completed pursuant to section twenty or twenty-three, as well as the remaining actions to be undertaken pursuant to section twenty, twenty-three or twenty-four, and offer the resources of the board and the public participation coordinator to assist communities in participation in the site selection process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 24 - Petition by Aggrieved Person; Adjudicatory Proceeding

Section 24. (a) Upon petition by any person aggrieved by an action taken pursuant to sections nineteen, twenty, or twenty-three, made within thirty days after selection of a superior site pursuant to section twenty-three, the commissioner of the department of environmental protection shall commence an adjudicatory proceeding concerning the selection of the site. Such adjudicatory proceeding shall commence within sixty days of the filing of said petition and shall be conducted in compliance with the requirements of section eleven of chapter thirty A.
(b) In addition to the petitioner, the board and the site and neighboring communities shall be parties to the adjudicatory proceeding. Other aggrieved persons may intervene in accordance with the provisions of chapter thirty A.
(c) Within thirty days after the close of the adjudicatory proceeding, the commissioner of said department shall issue a final decision approving or disapproving the selection of the superior site. The site selection shall be approved if said commissioner finds, based on substantial evidence presented during the adjudicatory proceeding, that the site satisfies the site selection criteria adopted under section fourteen.
(d) The reasonable expenses of participation in the adjudicatory proceeding by site and neighboring communities, including attorney's fees, shall be reimbursed by the board in accordance with an order, specifying the amount and time for reimbursement, issued by the commissioner of the department of environmental protection at the time of the final decision.
(e) Any person aggrieved by a decision of said commissioner pursuant to this section may seek judicial review thereof in the supreme judicial court in accordance with the standards provided for judicial review in section fourteen of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 25 - Phase Iii of the Low&ndash;level Waste Management Act; Selection of Operator and Technology

Section 25. The selection of an operator and technology or technologies to be utilized at a facility to be developed at any superior site shall be, conducted in accordance with sections twenty-six to twenty-eight, inclusive, which shall be known and be cited as ''Phase III of the Low–Level Waste Management Act'', and in accordance with the regulations adopted under section fifteen. The provision of said sections twenty-six to twenty-eight, inclusive, and regulations shall be implemented so as to permit any site community to select the operator and technology or technologies that best ensure proper facility operation in order to protect public health, safety and the environment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 26 - Community Supervisory Committee Representatives, Appointment; Site Community Field Offices, Establishment

Section 26. (a) Upon the expiration of thirty days after the selection of any superior site or, if a petition for an adjudicatory proceeding has been filed pursuant to section twenty-four, upon a final decision of the commissioner of the department of environmental protection approving the site selection, the board shall request the chief executive officer of each neighboring community to appoint a representative to the community supervisory committee of each site community. If the chief executive officer of a neighboring community fails to take such action within twenty-one days of receiving such request, the board shall make the appointment.
(b) Within sixty days of the selection of any superior site or, if a petition for an adjudicatory proceeding has been filed pursuant to section twenty-four, within thirty days of a final decision of the commissioner of the department of environmental protection approving the site selection, the board shall establish a field office within a site community outside the boundaries of the superior site.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 28 - Execution of Development Contract

Section 28. (a) Within sixty days of the selection of the operator pursuant to section twenty-seven, the board shall execute a development contract under which such operator shall be obligated to fulfill all of the requirements of the facility approval process established in sections twenty-nine to thirty-four, inclusive, in accordance with the plans submitted by the operator pursuant to section twenty-seven or any revision thereof approved by the board, and specifying a bond to be posted in an amount to be determined by the board, payable to the board and conditioned on the faithful performance of the obligations, agreements and covenants specified in the development contract. The bond shall provide that, if the operator defaults on the development contract, it shall pay to the board all damages sustained as a result of the default. The commissioner of capital asset management and maintenance shall assist the board in overseeing the operator's activities under the development contract and shall advise the board on the adequacy of such development activities. If no development contract is executed within sixty days of the designation of the operator or the required bond is not posted, the operator selection shall be set aside, and the procedures established in section twenty-seven shall be repeated in order to select a replacement operator; provided, however, that the community supervisory committee shall select such replacement operator within thirty days of the expiration of the time for the operator originally selected to execute the development contract or post the performance bond.
(b) Within thirty days of the execution of the development contract, the operator shall establish a field office within a site community outside the boundaries of the superior site.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 29 - Phase Iv of the Low&ndash;level Radioactive Waste Management Act; Facility Approval and Licensing

Section 29. Facility approval and licensing shall be conducted in accordance with sections thirty to thirty-four, inclusive, which shall be known and be cited as ''Phase IV of the Low–Level Radioactive Waste Management Act'', and in accordance with the regulations adopted under section sixteen. The provisions of such sections and regulations shall be implemented so as to ensure an open and fair process for carrying out the environmental review and licensing of any facility for which a site, operator and technology have been selected pursuant to Phase III of the Low–Level Radioactive Waste Management Act and to require a comprehensive operating contract setting forth the rights and responsibilities of the board and the operator with respect to such facility.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 34 - Community Compensation

Section 34. Any community compensation to be provided for site communities pursuant to the comprehensive operating contract shall be divided among such communities in the proportion that each community's population residing within three miles of the facility bears to the total population of site communities within such area. The community compensation to be provided for neighboring communities pursuant to the comprehensive operating contract shall be divided among such communities in the proportion that each community's population residing within three miles of the facility bears to the total population of such communities within such area; provided, however, that if the facility has no neighboring communities, such community compensation shall be divided among the site communities in accordance with the formula established in this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 35 - Phase v of the Low&ndash;level Radioactive Waste Management Act; Facility Development, Operation, and Closure

Section 35. Facility development, operation, closure, and post-closure observation and maintenance shall be conducted in accordance with sections thirty-six to forty-four, inclusive, shall be known and be cited as ''Phase V of the Low–Level Radioactive Waste Management Act'', and in accordance with the regulations adopted by the department of public health under section sixteen. The provisions of such sections and regulations shall be implemented so as to provide for the safe and orderly development, operation, closure and post-closure observation and maintenance of any facility licensed pursuant to ''Phase IV of the Low–Level Radioactive Waste Management Act''.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 36 - Comprehensive Environmental Monitoring Program; Establishment

Section 36. (a) Within thirty days of the issuance of a facility license pursuant to section thirty-one; the department of public health shall, after consultation with the department of environmental protection and the board of health of each site community, establish a comprehensive environmental monitoring program at the facility site. Such program shall employ the best available monitoring technology and shall provide, to the maximum extent feasible, for the participation of officials and citizens of each site community and the training of such persons to facilitate their participation. The program shall be designed to establish baseline environmental data on the site; to determine compliance with applicable regulations, with conditions of the facility license and with terms of the comprehensive operating contract; to provide early warning of the magnitude and extent of any radionuclide migration; and to provide reliable environmental data throughout development, operation, closure, post-closure operation and maintenance and institution control of the facility. The program shall collect and analyze data concerning standing and running surface water and drainage; groundwater samples from offsite, site boundary and waste management area wells; soil and vegetation samples; atmospheric samples; and radiation measurements offsite, at the site boundary and in the waste management area. The board of health of each site community shall be entitled to obtain portions of the samples collected pursuant to the program for independent analysis by a laboratory certified to conduct such analyses by the United States Environmental Protection Agency.
(b) The operator shall, according to applicable regulations and conditions of the facility license, cooperate with the environmental monitoring program and annually reimburse the department of public health and each site community for the costs thereof until the facility license is transferred to the board pursuant to section forty-six. A copy of all environmental monitoring records and analyses shall be kept at the board field office in the site community for public review.
(c) The department of public health shall annually issue a report describing and evaluating the findings of the monitoring program. Within sixty days of issuance of such report, said department shall hold a public meeting in each site community and, upon request by the chief executive officer of such community, in each affected and neighboring community for public review and comment upon the findings contained therein. Said department shall consider and evaluate all comments made at such public meetings or submitted in writing within sixty days of the issuance of the report.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 37 - Commencement of Facility Construction

Section 37. Upon the determination of the department of public health that the environmental monitoring program or detailed site characterization of the superior site has yielded representative baseline data, the operator may commence construction of the facility. The operator shall construct, install and, from time to time, in accordance with the regulations adopted under section sixteen and the conditions of its facility license, make additions or improvements to such structures and equipment as are necessary to operate the facility. Said department shall, in cooperation with officials of each site community and according to the regulations adopted pursuant to said section sixteen, periodically inspect such construction to ensure that such regulations and the conditions of the license are satisfied. The board shall appoint a resident engineer having the experience and expertise specified in section forty-two J of chapter seven, who shall represent the board daily at the superior site during the construction of the facility and who shall, in cooperation with officials of each site community, check, inspect and report to the board as to events at the construction site, in order to ensure that the terms of the comprehensive operating contract are satisfied. The commissioner of capital asset management and maintenance shall assist said department and the board in fulfilling their obligations under this section, and shall advise them on the adequacy of construction activities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 39 - Determination of Operator's Compliance With Comprehensive Operating Contract; Notice to Generators

Section 39. (a) Upon written notification by the operator that the facility is ready to accept low-level radioactive waste, and upon written notification by the department of public health that the facility is in compliance with all regulations and conditions of the facility license, the board shall determine whether the operator is in compliance with the comprehensive operating contract. If it is so determined, then the facility shall commence operation.
(b) Within seven days of the board's determination, the operator shall notify all generators of the date on which the operator will accept low-level radioactive waste from such generators. Included in such notice shall be a statement of the terms, conditions and criteria for low-level radioactive waste acceptance at the facility.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 40 - Operation of Facility; Temporary or Permanent Closure; Inspection Report

Section 40. (a) The facility shall be operated in accordance with this section and with regulations adopted under section sixteen. All shipments of low-level radioactive waste shall, upon arrival at the facility, enter the facility, but shall not proceed into the waste management area for unloading until inspected by the department of public health and found to be in compliance with applicable regulations and conditions of the facility license. Shipments found not to be in compliance shall proceed to a controlled area within the facility to await action to remedy the situation, and the board of health of each site community shall be so notified by the operator. Shipments found to be in compliance shall proceed into the waste management area for unloading. After a transport vehicle is unloaded and leaves the waste management area, it shall not leave the facility until it is again inspected by the department of public health and decontaminated, if necessary.
(b) The department of public health, in consultation with the board, may issue an order temporarily or permanently closing a facility prior to its scheduled closing date if it finds that there is a potential hazard to public health, safety or the environment which justifies such temporary or permanent closure. A facility that is temporarily closed shall remain closed as long as necessary for remedial action and, in any event, throughout any period of facility clean-up and stabilization. Prior to authorizing the reopening of a temporarily closed facility, said department shall conduct at least one public meeting on the reopening in each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community, and shall issue a summary response to all comments made at such public meetings or made in writing during the time the facility is temporarily closed and an explanation of the reasons for authorizing the reopening.
(c) The department of public health shall annually prepare a report summarizing its inspection and enforcement activities with respect to the facility and shall transmit a copy of such report to the board and the board of health of each site community.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 41 - Contingent Liability Account; Institutional Control Account

Section 41. (a) There is hereby established within the Low–Level Radioactive Waste Trust Fund, a contingent liability account and the institutional control account. The board shall determine annually the amount of revenues, raised from the surcharges imposed pursuant to section thirty-eight, that shall be deposited within each account; provided, however, that after such deposits, no amounts so deposited may be transferred between such accounts.
(b) The contingent liability account shall be used to pay compensation for injuries to persons, land or property resulting from the management of low-level radioactive waste pursuant to section nine.
(c) The institutional control account shall be used to pay institutional control costs pursuant to sections nine and forty-seven. The account shall be used by the board to purchase insurance coverage or otherwise to ensure the availability of funds to meet liability claims during the institutional control period; provided, however, that no portion of the monies held in the institutional control account may be used to satisfy judgments or settlements pursuant to section nine or for any other purpose other than institutional control of a facility.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 42 - Administration of the Low&ndash;level Radioactive Waste Trust Fund

Section 42. The Low–Level Radioactive Waste Trust Fund, established by section thirty-five H of chapter ten, shall be administered by the board, without liability on the part of the commonwealth beyond the amounts credited to and earned by the fund.
The treasurer shall make payments from accounts of said fund upon receipt of a warrant listing all payments to be made and the accounts to be debited, which has been approved in writing by the board.
The state treasurer shall on or before July first of each year, submit to the board, the governor, the clerk of the senate and the clerk of the house of representatives, an annual report for the previous fiscal year. Said report shall include a statement of the revenues and disbursements of said Fund for the fiscal year, the balance at the beginning and the end of the fiscal year for each account within the trust fund, and any other information the treasurer deems appropriate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 43 - Facility Closure Plan

Section 43. (a) At least one year prior to the date scheduled for facility closure in the facility closure plan required to be prepared and maintained by regulations issued pursuant to section sixteen, the operator shall submit such plan to the department of public health and the management board. Said department shall conduct a public meeting on the plan at times to be determined after consultation with the board in each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community. The board shall participate in each such public meeting. Said department shall accept written comments on the plan submitted by any interested person within forty-five days of the public notice of the availability of the plan. Prior to its acceptance of the plan said departments shall consider and evaluate all comments made at a public meeting or submitted in writing.
(b) Upon acceptance of such plan by said department and the board, the operator shall implement such plan according to the closure schedule contained therein. Said department shall, in cooperation with appropriate officials of each site community and according to regulations adopted pursuant to section sixteen, periodically inspect the operator's implementation of the facility closure plan to ensure that such regulations and the conditions of the facility license are satisfied. The board shall, in cooperation with appropriate officials of each site community, periodically, inspect the operator's implementation of the facility closure plan to ensure that the terms of the comprehensive operating contract are satisfied and that steps necessary to allow the board to accept transfer of the facility license pursuant to section forty-six are taken.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 44 - Active Observation and Maintenance of Facility

Section 44. Upon completion of site closure activities, the operator shall, for no less than five years thereafter, engage in active observation and maintenance of the facility in accordance with regulations adopted pursuant to section sixteen and the conditions of the facility license. By the end of such time, the operator shall transfer all records of its development, operation, closure and post-closure observation and maintenance of the facility to the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 45 - Phase Vi of the Low&ndash;level Radioactive Waste Management Act; Institutional Control of Facility

Section 45. Institutional control of a facility shall be conducted, subject to appropriation, in accordance with sections forty-six and forty-seven, which shall be known and may be cited as ''Phase VI of the Low–Level Radioactive Waste Management Act'', and in accordance with the regulations adopted pursuant to section sixteen. The provisions of these sections and regulations shall be implemented so as to provide for the safe and orderly institutional control of a facility following transfer of the facility license from the operator to the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 46 - Transfer of Facility License From Operator

Section 46. (a) No sooner than five years after the implementation of the site closure plan pursuant to section forty-four, the board shall accept transfer of the facility license from the operator, if it determines that the operator has fulfilled all of its obligations under the comprehensive operating contract executed pursuant to section thirty-three. No fewer than ninety days prior to such vote, the board shall issue a draft plan for institutional control of the facility in accordance with the regulations adopted under section sixteen for public review and comment. The board shall conduct a public meeting on the plan of each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community. The board shall accept written comments on the plan submitted by any interested person within forty-five days of the public notice of the availability of the plan. Prior to its vote to accept transfer of the license and adopt the plan, the board shall consider and evaluate all comments made at a public meeting or submitted in writing.
(b) Upon the board's decision to accept transfer of the facility license the department of public health shall, after notice and opportunity for hearing, determine whether to allow such transfer. The decision of said department to approve facility license transfer shall be based on a determination that the operator's obligations under section forty-four have been fulfilled and that the board's program for institutional control of the facility is adequate to protect the public health, safety and the environment. Such decision shall specify, based on the characterization of the facility and of the low-level radioactive waste present at the site, a period of time during which institutional control shall continue, or a procedure for approving termination by the board of institutional control following a specified period of time. The institutional control period shall not be less than the minimum time required for any low-level radioactive waste present at the site to decay to the maximum concentrations above natural background levels permitted to be released into air or water in unrestricted areas under federal and state law.
(c) The operator shall not be required to submit a report to the state ethics commission and the inspector general, in accordance with section twenty-two, for any year after the year during which the facility license is transferred pursuant to this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 47 - Institutional Control of Facility; Annual Report; Public Meetings

Section 47. The board shall be responsible for institutional control of the facility in accordance with the program approved by the department of public health and regulations adopted pursuant to section sixteen. The board shall annually issue a report of its institutional control of the facility for public review and comment. Within sixty days of issuance of such report, the board shall hold a public meeting in each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community. The board shall consider and evaluate all comments made at such public meetings or submitted in writing within sixty days of the issuance of the report. Said department shall issue an annual report of the supervision of such institutional control activities for public review and comment. Within sixty days of issuance of such report, said department shall hold a public meeting in each site community and other public meetings in neighboring communities, upon request by the chief executive officer of such community. Said department shall consider and evaluate all comments made at such public meetings or submitted in writing within sixty days of the issuance of the report.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act › Section 48 - Statutes Not Applicable

Section 48. The selection of an operator and the development of a facility pursuant to this chapter shall, for the purposes of section forty-two B of chapter seven, be construed as an alternative method of design and construction services approved by the legislature, and shall not be subject to sections thirty-eight A1/2 to thirty-eight N, inclusive, of said chapter seven or of sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111i - Women's, Infants and Children Program › Section 1 - Wic Program; Administration and Funding

Section 1. The department of public health, in this chapter called the department, shall administer a program to be called the WIC program, funded by the commonwealth and the United States department of agriculture or other successor federal agency authorized to fund this program, to provide supplemental foods and nutrition education to pregnant, postpartum, and breastfeeding women, infants and young children. The WIC program shall be administered in a manner consistent with applicable federal law (forty-two United States Code section one thousand seven hundred and eighty-six, as amended) and the provisions of this chapter. To the extent that the provisions of this chapter conflict with the applicable federal law and regulations, the program shall be administered in a manner consistent with federal law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111i - Women's, Infants and Children Program › Section 2 - Intent of Program; All Those Eligible Defined; Allocation of Funds

Section 2. The WIC program shall serve all those eligible under the Federal WIC program eligibility standards. It is the intent of this program that by July first, nineteen hundred and ninety-four all of those eligible for the program shall be served. The words all those eligible shall mean serving eighty-five percent of all federally eligible women, infants and children.
Federal and state funds appropriated to implement this section shall be allocated to expand program operations in areas most in need of supplemental foods as determined by a methodology which shall be included in the state plan, and to fund related administrative services necessary for expansion.
It is the intent of this section that state funds provided under this act will supplement federal funds to enable all those eligible as defined above to be served through the WIC program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111i - Women's, Infants and Children Program › Section 3 - Director; Duties; Public Hearing; Notice

Section 3. The director of the WIC program, in this chapter called the director, shall ensure that a state plan is developed annually as required by federal law. In so doing, the director shall ensure that a public hearing is held not less than twenty-one days after a draft state plan is made available for review to members of the public and not less than thirty days before a final state plan must be submitted to the federal government. Notice of the time and place of said public hearing, and of the availability for review of the draft state plan, shall be provided to each person who has previously requested the receipt of such notices, as well as to individuals and organizations known to the department to have an interest in issues regarding maternal and child health care and child hunger. Notice to the above-described individuals and organizations shall be in addition to publication of such notices in newspapers of general circulation throughout the state.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111i - Women's, Infants and Children Program › Section 4 - Advisory Board; Membership; Compensation

Section 4. An advisory board shall be established by the director, the purpose of which shall be to advise the director on all policies relating to the WIC program. The advisory board shall be composed of at least sixteen individuals each of whom shall serve a term of two years. Members of the advisory board shall be selected by the director, subject to the following requirements: four members of the advisory board shall be current or former WIC program participants chosen from geographically diverse parts of the state; six members of the advisory board shall be individuals who provide services or goods to WIC program participants, such as medical professionals, nurse practitioners, and food vendors; six members of the advisory board shall be representatives of the general court, the Massachusetts nutrition board or family health services advisory council, the department of early education and care, the department of public welfare, the WIC directors association, the nutritionists association and a non-profit hunger relief organization.
Members of the advisory board shall not be compensated. Necessary expenses incurred by members of the advisory board to carry out their duties as such shall be reimbursed by the WIC program, and adequate staff shall be provided to the advisory board so that it can perform its functions effectively.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111i - Women's, Infants and Children Program › Section 5 - Determination of Financial Eligibility; Food Packages; Delivery; Statement of Rights and Obligations

Section 5. In determining the financial eligibility of an applicant for WIC benefits, only such income as is available for the support and maintenance of the applicant shall be counted.
A monthly food package shall be provided to each participant and shall be prescribed by a competent professional authority at the local WIC program based solely on the participant's dietary needs. Such competent professional authorities shall be allowed to choose from the full range of types and amounts of food authorized by federal rules in developing food packages for program participants.
Each local WIC agency shall, in accordance with guidelines set forth in the state plan, mail or otherwise deliver food instruments to an individual on the basis of difficulties of the participant and his or her proxy in obtaining the food instruments, for reasons such as illness, imminent childbirth, or difficulty of access to the local agency.
All participants shall receive a written statement of their rights and obligations as participants, including all of the rights and obligations set forth in this chapter, at the time they are certified, and such statement shall be written in language calculated to be understood by the average participant.