Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.45 - Specific Guidance for the Application of Particular Conditions

Current through Register 1525, July 5, 2024
(1)
General
. 310 CMR
			 43.45 provides guidance on the application of particular conditions as part of
			 the preparation of the Statewide Mapping and Screening Report.
(2)
Modeling Capability-
			 310 CMR 43.10
. Hydrogeologic units containing faults, deeply weathered bedrock,
			 buried river channels and sand lenses if capable of delineation at this stage
			 should be screened out.
(3)
Large Existing Community Water Systems-
			 310 CMR
			 43.20(1)(a)
.
			 In determining the Zone III of the supply, the drainage sub-basin of the area
			 in which the well is located shall be delineated and screened out.
(4)
Existing Community Water
			 Systems-
			 310 CMR
			 43.20(1)(b)  and
			 2(a)
. In the absence of approved delineated Zone IIs, sites within
			 the Interim Wellhead Protection Area [IWPA] of public water supplies shall be
			 delineated and screened out.
(5)
Potential Productive Aquifers-
			 310 CMR
			 43.20(1)(c)
.
			 The Board may choose to screen out sites located over potential productive
			 aquifers without considering the likelihood that they will be determined to be
			 qualified for development.
(6)
Class A Public Drinking Water Supplies-
			 310 CMR
			 43.21(1)(a)
.
			 In determining the watershed of an impounded surface water supply the drainage
			 sub-basin of the supply shall be delineated and screened out.
(7)
100 Year Flood Plains
			 310 CMR
			 43.21(1)(c)
.
			 The evaluation of flood plains should be determined by reference to the most
			 recently available flood profile data prepared under the National Flood
			 Insurance Program (NFIP), currently administered by the Federal Emergency
			 Management Agency. The boundary, as determined, shall be presumed accurate.
			 This presumption may be overcome only by reliable evidence from a registered
			 professional engineer or other professional competent in such
			 matters.
(8)
Coastal
			 High Hazard Zones
			 310 CMR
			 43.21(1)(g)
.
			 In determining the coastal high hazard zones the coastal areas within the 100
			 year flood plain as delineated in the most recently available profile data
			 prepared under the NFIP and all barrier beaches should be delineated and
			 screened out.
(9)
Dams-
			 310 CMR
			 43.21(1)(f)
.
			 Sites located in an area which would be affected by the failure of a dam with a
			 Hazard Classification Class I or Class II, as determined in accordance with
			 302
			 CMR 10.09(3), which are
			 capable of delineation at this stage should be screened out. The downstream
			 inundation flood zone may be determined on the basis of records maintained by
			 the Dam Safety Division of the Department of Environmental
			 Management.
(10)
Interference with Monitoring
			 310 CMR
			 43.29(1)(b)
.
			 Places where National Priority List sites, Resource Conservation and Recovery
			 Act facilities, any locations of releases or sites as defined pursuant to
			 M.G.L. c. 21E and the regulations promulgated thereunder, any solid waste
			 disposal sites as defined pursuant to M.G.L. c. 111,§ 150A and the
			 regulations promulgated thereunder or Leaking Underground Storage Tanks as
			 defined in M.G.L. c. 148,§ 38B are identified and that are capable of
			 delineation at this stage should be evaluated if there is reason to believe
			 radioactive materials or mixed waste were used or disposed of at those
			 locations. The Board may chose to defer elimination of an area described herein
			 on the basis of further data on the extent to which existing potential
			 contamination of the site will affect the performance of the site and its
			 ability to be adequately monitored.