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Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.08 - Commercial Application of Pesticides to Indoor Settings

Current through Register 1525, July 5, 2024
(1)
General Requirements
.
(a) Applicators of pesticides to indoor settings shall take all practical steps necessary to avoid applications with people present in a room or area to be treated. Individuals occupying a room or area to be treated at the time of application shall be informed of the procedure.
(b) Applications of disinfectants, algaecides, antimicrobials, paints, stains, wood preservatives, insecticidal baits placed in tamper-resistant bait stations or in generally inaccessible locations, and applications to wall or floor voids are exempt from 333 CMR 13.08.
(c) Rodenticides placed in generally accessible areas of indoor settings must be placed in tamper-resistant bait stations and must be secured in place so as to prevent lifting and/or removal of these bait stations.
(d) The applicator or his/her employer must notify the Contracting Entity of all post application label requirements pertinent to the application.
(e) The applicator or his/her employer shall provide pre-notification to any person upon request between seven days and 48 hours prior to any application of pesticides to areas which the individuals occupy or have access. Pre-notification shall be made in writing and contain the following information:
1. Name and phone number of the company making the application;
2. Proposed date of application;
3. Locations to be treated; and
4. Names, EPA Registration Numbers, and active ingredients for the pesticide products that may be used.
(f) Rodenticide bait stations shall carry a label which indicates the following:
1. Name and phone number of the company making the application;
2. Date of the application;
3. Name and EPA Registration Number of the pesticide product; and
4. Active ingredients in product.
(g) Upon completion of each application, the applicator or his/her employer shall provide the Contracting Entity, and, upon request, the building residents and occupants, with the following information:
1. Name and phone number of the pest control company;
2. Name and license number of applicator;
3. Target pests;
4. Names and EPA Registration Numbers of the pesticide products applied; and
5. Date and approximate time of application.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.09 - Foliar Applications of Pesticides to Trees in Residential Settings

Current through Register 1525, July 5, 2024
Prior to entering into an agreement or renewing an existing agreement which entails foliar application to trees on or bordering residential properties, the applicator or his/her employer shall provide to the Contracting Entity a written statement approved by the Department. The statement shall include information on the applicable Department pesticide regulations, techniques that will be used to minimize human exposure, drift precautions that will be taken, and a recommendation that notification be provided to abutters who might be impacted by the application.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.10 - Suppression and Control of Public Nuisance Pests

Current through Register 1525, July 5, 2024
(1) With the exception of Agricultural Applications, all plans to apply pesticides for the control of Public Nuisance Pests shall be subject to the following provisions:
(a) No later than March 1st of each year, the Local Superintendent shall forward to the Forest Health Program Director descriptions of all planned aerial and ground Control Programs to be conducted within the municipality for the control and suppression of Public Nuisance Pests between the last day of March of that year and the first day of April of the following year. Such descriptions shall be provided by the Local Superintendent on a standard form provided by the Bureau of Forest Fire Control and Forestry.
(b) The Forest Health Program Director in consultation with the Local Superintendent shall review all ground Control Programs to determine if a program constitutes Wide Area Application and requires public notice under 333 CMR 13.10(2)(a).
(c) In the event that a ground Control Program is determined to constitute a Wide Area Application, the Forest Health Program Director shall notify the Local Superintendent, who shall notify the Contracting Entity that public notification is required in accordance with 333 CMR 13.10(2)(a). When the Contracting Entity is a county, state or federal agency, the Forest Health Program Director shall communicate the public notification requirement directly to the Contracting Entity.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.11 - Special Requirements for School, Day Care and Child Care Program Property

Current through Register 1525, July 5, 2024
As of November 1, 2000, all pesticide applications on the indoor and outdoor property of schools, day care centers and school age child care programs shall comply with the applicable requirements of St. 2000, c. 85:
An Act Protecting Children and Families from Harmful Pesticides
, to be inserted in M.G.L. c. 132B, §§ 2 and 6C through 6I.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 333 CMR 14.00 is to promote the implementation of Integrated Pest Management (IPM) Techniques and to establish those standards, requirements and procedures necessary to minimize the risk of unreasonable adverse effects on human health and the environment regarding the use of pesticides within a school, daycare center or school age child care program facility.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.03 - Exemptions

Current through Register 1525, July 5, 2024
(1) Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR Part 152.25 in the Federal Insecticide Fungicide Rodenticide Act are exempt from all of 333 CMR 14.00.
(2) Child care facilities licensed by the Massachusetts Office of Early Education and Child Care with the designation of Family Child Care Services, Family Child Care Plus Services, or Large Family Child Care Services shall be exempt from the provisions of 333 CMR 14.00.
(3) State-aided and approved vocational-technical or agricultural school claiming exemption from the Act as per M.G.L. c. 132B, § 6J shall be exempt only if the pesticide application is a documented function of a training program. Such State-aided and approved vocational-technical or agricultural school shall maintain records demonstrating the pesticide application is a function of a supervised training curriculum.
(4) Mosquito control larvicides that are classified as category IV pesticides by the United States Environmental Protection Agency, as applied by mosquito control projects and districts under M.G.L. c. 252 or other state law, are exempt from the Standard Written Notification requirements.
(5) Standard Written Notification is not required when classes or activities are not taking place at the school, property for five or more consecutive days after the application takes place, provided that the pest management professional or his/her employer obtain a written statement from the school operator stating so. This statement shall be included in the pesticide application record for that application and in the school Integrated Pest Management (IPM) Plan.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.04 - General Provisions

Current through Register 1525, July 5, 2024
(1) No person shall use a pesticide on the indoor or outdoor property of a School unless an Integrated Pest Management (IPM) Plan has been written and maintained in accord with 333 CMR 14.05 through 14.06 was submitted to the Department.
(2) No person shall use a pesticide unless licensed or certified by the Department.
(3) Pesticides shall not be applied to School property unless presence of a pest is documented or there is biological evidence of the presence of a pest.
(4) Pesticides permitted for use on the indoor property of a School are limited to the following:
(a) Anti-microbial pesticides.
(b) Rodenticides placed in tamper resistant bait stations or placed in areas inaccessible to children and the general public.
(c) Ready to use dust, powder or gel formulations of insecticide applied in areas inaccessible to children and the general public.
(d) Insecticidal baits placed in tamper resistant bait stations or in areas inaccessible to children and the general public.
(e) Termiticides used only in the presence of an active termite infestation and when non-chemical pesticide alternatives have been determined to be ineffective.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.05 - Written Components of the Integrated Pest Management (IPM) Plan

Current through Register 1525, July 5, 2024
Every IPM plan shall contain an indoor and outdoor component. These components shall be submitted to the Department and shall include the following information:
(a) Name, address, and telephone number of School.
(b) Name and contact information of the School IPM Coordinator.
(c) Name and contact information of the School IPM Committee.
(d) Description of the School IPM Policy.
(e) Identification of the School pest problem(s) and a description of the conditions contributing to or causing the problem.
(f) Description of the communication and training program for School staff regarding IPM.
(g) A list of pesticides to be used which shall include:
1. Product Name;
2. EPA Registration Number; and
3. Common Name of Active Ingredient(s).
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.06 - Maintenance of the Integrated Pest Management (IPM) Plan

Current through Register 1525, July 5, 2024
A hard copy of the IPM plan shall be maintained on site at the School. In addition to the requirements of 333 CMR 14.05, the following shall be maintained with a hard copy of the IPM plan:
(a) Labels of the pesticide products that may be used or are being used at the School. Product labels shall be reviewed by the School annually to ensure that such products are permitted for use as outlined in 333 CMR 14.04(4) through (5).
(b) Copies of all pesticide application records.
(c) A pest sighting log sheet or book shall be maintained indicating the presence of a pest problem or the expected presence of a pest problem.
(d) IPM Plans shall be updated and resubmitted when changes occur. Plans shall be reviewed on an annual basis and changes noted within the plan.
(e) Material Safety Data Sheets shall be made available to any person upon reasonable request and such Material Safety Data Sheet shall be provided in a format acceptable to the person making the request.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.07 - Required Components of Standard Written Notification

Current through Register 1525, July 5, 2024
Every standard written Notification shall include the following three Department approved forms and documents:
(a) The Department approved Pesticide Standard Written Notification Form;
(b) The Department approved Consumer Information Bulletin for Schools, Daycare Centers and School Age Child Care Programs; and
(c) The Department approved chemical specific fact sheet(s).
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.08 - Requirements of Schools, Daycare Centers or School Age Child Care Programs

Current through Register 1525, July 5, 2024
(1) Every school shall develop an IPM Plan in accord with 333 CMR 14.05 and 14.06. The plan shall be submitted to the Department and maintained on site.
(2) Every school shall maintain the plan and retain the plan at each site for five years. Schools shall make the plan available to any person upon a reasonable request.
(3) If a school administrator determines that a human health emergency warrants the use of a pesticide not otherwise allowed under this chapter, or warrants its use sooner than two days after providing the required Standard Written Notification, such official may apply for a single-use Emergency Waiver as per 333 CMR 14.10.
(4) No pesticides shall be applied for purely aesthetic purposes on the outdoor grounds of any school unless a determination is made in writing on an annual basis from an authorized official within the municipality, city, town or the Department approved equivalent. The approval shall include at least the following information:
(a) Date of approval;
(b) Reason for application; and
(c) Name of official and title.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.09 - Requirements of Pesticide Applicators

Current through Register 1525, July 5, 2024
(1) Prior to making any pesticide applications to the property of a school, the pesticide applicator shall check the IPM plan of the School to ensure that any pesticide application made, shall be consistent with the provisions of the plan.
(2) The pesticide applicator shall not apply a pesticide to the outdoor property of a school while students are present unless students are at least 150 feet away from the application area;
(3) The pesticide applicator shall determine if a school is located in a building or on a property to which he or she intends to apply pesticides.
(4) Prior to making a pesticide application for purely aesthetic purposes on the outdoor grounds of a school, the pesticide applicator or his/her employer shall obtain a copy of the written consent form from the School as indicated in 333 CMR 14.08(4).
(5) Prior to making an outdoor pesticide application the pesticide applicator or his/her employer shall furnish the Standard Written Notification to the School administration in a timely manner, so as to allow the School administration time to issue the Standard Written Notification in accordance with 333 CMR 14.08(5).
(6) Prior to making a pesticide application the pesticide applicator or his/her employer shall obtain a copy of the complete signed and dated Standard Written Notification that was sent by the School administration.
(7) Prior to commencing each outdoor application, the pesticide applicator shall post signs approved by the Department. Said signs must be posted at conspicuous points of access to the treated property.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.10 - Emergency Waiver

Current through Register 1525, July 5, 2024
(1) The Department, municipal board of health, or the Director of Public Health shall determine if an Emergency Waiver is warranted based on the following criteria:
(a) That the pest situation poses an immediate threat to human health; and
(b) That there is no viable alternative to the use of a pesticide.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides › Section 14.11 - Enforcement

Current through Register 1525, July 5, 2024
(1) Upon any violation of 333 CMR 14.00 the Department may assess a civil administrative penalty of up to $1,000 against any person or school administration who violates these requirements. Prior to assessment of the penalty, the Department shall provide written notice and an opportunity to correct the violation within 90 days of the issuance of the notice of violation. This penalty shall be assessed in addition to any other civil penalty otherwise provided for by law. Notice of assessment of a penalty pursuant to 333 CMR 14.11 shall be made by service in hand, or by certified mail, return receipt requested, and shall include the following information:
(a) The amount of the administrative penalty;
(b) The date the penalty shall be due;
(c) A statement of the violators right to an adjudicatory hearing pursuant to M.G.L. c. 30A regarding the assessment;
(d) A statement of actions the person may take in order to avoid the assessment of the penalty or to avoid waiving the right to a hearing relative to the penalty; and
(e) A statement of the manner of the acceptable form of payment if an election to waive a hearing is made.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.01 - Purpose and Statutory Authority

Current through Register 1525, July 5, 2024
(1)
Purpose
. 345 CMR 1.00 sets forth the regulatory components of or pertaining to the Low-Level Radioactive Waste Management Plan. 345 CMR shall be interpreted so as to ensure open and fair procedures and comprehensive planning, and to protect public health, safety, and the environment.
(2)
Statutory Authority
. 345 CMR 1.00 is promulgated pursuant to M.G.L. c. 111H, §§ 4, 11, and 12.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.03 - Board Representing the Public Interest

Current through Register 1525, July 5, 2024
(1) The Board shall be responsible for planning and effecting the management of low-level radioactive waste in the Commonwealth in accordance with M.G.L. c. 111H.
(2) The Board shall consist of members who, by reason of their office, experience, background and professional training, can act in the public interest.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.04 - Management Plan Adoption, Review and Revision

Current through Register 1525, July 5, 2024
(1) The Low-Level Radioactive Waste Management Plan, as approved by vote of the Low- Level Radioactive Waste Management Board on December 22, 1993, is hereby adopted by regulation.
(2) The Management Plan shall be reviewed annually by the Board and revised as necessary.
(3) A public hearing satisfying the requirements of M.G.L. c. 30A, § 2 shall be required prior to the amendment or repeal of the Management Plan.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.05 - Public Participation

Current through Register 1525, July 5, 2024
(1) The Board shall develop and implement a Public Participation Plan which identifies citizen involvement policies and procedures. Such plan shall include, but not be limited to:
(a) a statement of goals; and
(b) procedures to accomplish the goals.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.06 - Management Plan Consistency Review

Current through Register 1525, July 5, 2024
Any person lawfully holding a license to accept waste for treatment, storage or disposal as of December 8, 1987, may apply to DPH for an amendment of the terms and conditions of such license if the application for such amendment has been determined by the Board to be consistent with the Management Plan.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.07 - Waivers and Severability

Current through Register 1525, July 5, 2024
(1)
Waiver
(a) The Board shall not waive the application of the site selection criteria adopted by DEP pursuant to M.G.L. c. 111H, § 14(d).
(b) The Board may waive the application of any section of 345 CMR 1.00 if it finds that:
1. public health, safety, and the environment will be protected;
2. strict application of the section to be waived would undermine the public interest;
3. specific substitute requirements can be adopted which will result in the substantial protection of the process established in M.G.L. c. 111H and the rights of persons affected by the action; and
4. the action made possible by the waiver will not violate the provisions of M.G.L. c. 111H or any other state or federal law.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.11 - Classification System Requirements

Current through Register 1525, July 5, 2024
The Board's classification system for all LLRW generated, treated or disposed of in the Commonwealth shall be compatible with federal requirements, set forth in 345 CMR 1.12, but shall provide further for total hazard classification, as set forth in 345 CMR 1.13.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.12 - Federal Classification of Radioactive Waste for Near-Surface Disposal

Current through Register 1525, July 5, 2024
All waste shall be classified in accordance with the federal classification system set forth in 105 CMR 120.299.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.13 - Massachusetts Total Hazard Classification System

Current through Register 1525, July 5, 2024
(1) The data to be derived from a total hazard classification system for Massachusetts shall be used in tracking waste generation and in the siting, design, performance assessment, licensing, closure, monitoring, and possible remediation of future facilities. They may also be used to make assessments and decisions on other waste management needs, such as the need for additional waste minimization and other waste treatment steps and for negotiation of agreements, contracts, or interstate compacts with other states.
(2) The classification system shall consist of:
(a) A survey, or data acquisition tool, to allow detailed characterization of each waste stream;
(b) An inventory, or data compilation tool;
(c) A codification system to allow categorization, classification, and data sorting;
(d) A codification system to allow identification, management, and disposal consistent with other federal and state regulations (e.g., NRC, EPA, DEP);
(e) A data manipulation and analytic tool to process and compile data by any characteristics of interest and for any need; and
(f) A classification and tracking (manifest) system to allow operation, monitoring, and remediation, if necessary, at potential storage, treatment, or disposal facilities.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.31 - Waste Transportation

Current through Register 1525, July 5, 2024
(1) All waste shipments shall be packaged and transported in a manner that ensures, to the extent reasonably achievable, that waste will arrive at its destination safely, in a manner acceptable to the destination entity, without health, safety, or environmental damage and without exposing the Commonwealth to contingent liabilities.
(2) Waste shall be deemed to be available for shipment only when:
(a) Prior agreement has been reached with a destination entity licensed to receive the waste;
(b) All terms of the agreement, including any waste acceptance criteria or requirements for payment of a fee, have been complied with;
(c) All regulatory requirements governing the packaging, shipment or transportation of the waste have been complied with; and
(d) All measures appropriate to the LLRW shipment have been taken to ensure that the waste can be received safely at its destination.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.32 - Re-Entry of Waste into the Commonwealth after Shipment Out of State for Treatment

Current through Register 1525, July 5, 2024
(1) The Board shall provide assurances that waste shall be permitted to re-enter the Commonwealth to be returned to its generator for storage, upon the request of out-of-state processors, with respect to all shipments of waste for treatment that satisfy the following conditions:
(a) The Board has been given prior notification of the waste shipment to be returned, indicating the chemical composition, activity and volume of the waste, the shipping destination and carrier:
(b) The generator is authorized to, and has agreed to accept the waste back within the terms of its license;
(c) The generator has executed a contract for the treatment or processing of the waste; and
(d) The waste satisfies any and all waste acceptance criteria imposed pursuant to such contract.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.41 - Development of Interim and Emergency Storage Plans

Current through Register 1525, July 5, 2024
(1) Interim and emergency storage plans shall be developed and implemented by the Board whenever it appears that no facility is or will be available to accept waste produced in Massachusetts.
(2) The Board shall determine whether an interim or emergency storage plan will fully utilize on-site storage by generators, or instead require an interim or emergency centralized storage facility. In the event that a centralized interim or emergency storage facility is determined to be needed, the Board shall identify a location for interim storage, after notice and an opportunity for hearing, and may apply for a facility license in accordance with the provisions of M.G.L. c. 111H, § 31, as permitted by M.G.L. c. 111H, § 12(b)(10), without satisfying the requirements of 345 CMR 1.82 through 1.88.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.42 - Loss-of-Access Contingency Plan

Current through Register 1525, July 5, 2024
The Board shall develop, circulate for public and agency comment, and update as appropriate a contingency plan to ensure a coordinated state agency response to handle generators' loss of access to disposal sites.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.43 - Financial Responsibility for Repackaging

Current through Register 1525, July 5, 2024
The repackaging for disposal of any waste in a storage facility developed pursuant to M.G.L. c. 111H shall be the financial responsibility of the generator.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.44 - Monitoring the Storage, Treatment and Disposal Needs of Massachusetts Generators

Current through Register 1525, July 5, 2024
The Board shall monitor the storage, treatment and disposal needs of Massachusetts generators pursuant to M.G.L. c. 111H, § 7, to ensure the accuracy and completeness of the Management Plan or to determine compliance with M.G.L. c. 111H.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.61 - Retrievable Disposal Technologies

Current through Register 1525, July 5, 2024
(1) Any disposal method utilized at a facility shall permit retrieval and monitoring of the waste. Except as provided in 345 CMR 1.61(3), any disposal method that satisfies this criterion may be utilized at a facility if permitted by its license, whether or not such method is listed in 345 CMR 1.61(2).
(2) Disposal methods that shall be presumed capable of satisfying the requirements of 345 CMR 1.61, under appropriate conditions, shall include:
(a) below-ground modular concrete canister disposal;
(b) below-ground vaults;
(c) mined cavity;
(d) borehole or augured holes;
(e) above-ground vaults;
(f) above-ground vaults with earthen cover;
(g) above-ground modular canisters;
(h) above-ground modular canisters with earthen cover;
(i) above ground vaults with modular canisters;
(j) a combination of these technologies.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.63 - Disposal Fees, Waste Acceptance Criteria and Surcharges

Current through Register 1525, July 5, 2024
(1) Upon the issuance of a facility license pursuant to M.G.L. c. 111H, § 31, and annually thereafter, until the facility license is transferred to the Board pursuant to M.G.L. c. 111H, § 46, the facility operator shall pay to the Commonwealth, prior to the commencement of the fiscal year, an amount determined by DPH pursuant to M.G.L. c. 111H, § 38(a).
(2) The operator shall annually submit to the Board, for approval in accordance with 345 CMR 1.63, a proposed schedule of fees and criteria for acceptance of LLRW. The operator's proposed schedule of fees shall be accompanied by:
(a) a certified audit of gross operating receipts from fees and surcharges imposed for acceptance of LLRW at the facility during the current and prior fiscal years; and
(b) a verification under oath that:
1. all compensation required to be paid by the operator to each site, neighboring and affected community by the comprehensive operating contract has been paid; and
2. all surcharges collected for the Low-Level Radioactive Waste Trust Fund have been remitted to the state treasurer in accordance with the requirements of the comprehensive operating contract executed pursuant to M.G.L. c. 111H, § 33.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.71 - Implementation of Finding of Requirement for Additional Facility Capacity

Current through Register 1525, July 5, 2024
(1) Any finding that there is a requirement for additional facility capacity to meet present needs or needs anticipated to arise within the next decade shall be included in the Management Plan adopted by the Board.
(2) Any finding that there is a requirement for additional facility capacity to meet present needs or needs anticipated to arise within the next decade shall be made only after review of both out-of-state and in-state options for short-term and long-range waste management. Such options may include, but need not be limited to:
(a) the out-of-state disposal of LLRW;
(b) the on-site storage of LLRW on the premises where it is generated for five years or longer, if permitted by DPH or the NRC;
(c) a centralized storage facility sited within the Commonwealth; and
(d) a disposal facility sited within the Commonwealth.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.72 - Storage Facility

Current through Register 1525, July 5, 2024
(1) The Board hereby finds that there is no requirement for additional storage facility capacity to meet present needs, but that there is a requirement for additional storage facility capacity to meet needs anticipated to arise within the next decade.
(2) No determination to proceed with centralized storage facility site selection pursuant to M.G.L. c. 111H, § 17 shall be made unless the Board finds that reliance on future on-site storage of LLRW is not a satisfactory management option due to anticipated expiration of licensee authorization for such storage. In any such determination to proceed with centralized storage facility site selection, the Board shall consider, at a minimum, the following storage facility siting options and choose among those considered:
(a) Site a centralized short-term storage facility;
(b) Site a centralized long-term storage facility;
(c) Site a centralized interim or emergency storage facility.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.74 - Disposal Facility

Current through Register 1525, July 5, 2024
(1) The Board hereby finds that there is a requirement for additional disposal facility capacity to meet present needs or needs anticipated to arise within the next decade.
(2) In any determination to proceed with disposal facility site selection pursuant to M.G.L. c. 111H, § 17, the Board shall consider, at a minimum, the following disposal facility siting options and choose among those considered:
(a) Site a disposal facility for Massachusetts-only waste;
(b) Site a small regional disposal facility that would handle waste from Massachusetts and one or more neighboring states;
(c) Site a large regional disposal facility to accommodate waste from the New England states as well as other states searching for disposal options.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.81 - Requirements for Board Initiation of Siting

Current through Register 1525, July 5, 2024
(1) The Board shall initiate the site selection process established in M.G.L. c. 111H, §§ 18 through 23, if it determines, by a _ vote of its members, that it is necessary and appropriate to proceed with site selection. Such vote may be taken only if:
(a) the Board has adopted a Low-Level Radioactive Waste Management Plan 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;
(b) DPH has adopted regulations, under M.G.L. c. 111H, § 13, necessary to implement a program for source minimization, volume minimization, and storage for decay by generators;
(c) DEP has adopted regulations, under M.G.L. c. 111H, § 14, establishing criteria for the selection of any superior site for the development and operation of a facility, guidelines for their application, and procedures for implementing the site selection process;
(d) the Board has adopted regulations, under M.G.L. c. 111H, § 15, for the selection of operators; and
(e) DPH has adopted regulations, under M.G.L. c. 111H, § 16, for the licensing, development, operation, closure, post-closure observation and maintenance and institutional control of a facility.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.82 - Voluntary Siting Activities

Current through Register 1525, July 5, 2024
(1) As part of the notification made pursuant to 345 CMR 1.81(3), the Board shall inform Chief Executive Officers and Chief Elected Officials of the opportunity to participate in voluntary siting activities.
(2) The Board shall give notice that grant funds will be available to communities that may be interested in volunteering a site or sites, after the issuance of the Report Identifying Possible Locations pursuant to 345 CMR 1.84(1). The Board shall provide such grants to enable communities to evaluate the potential economic impacts of an LLRW facility.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.83 - Statewide Mapping and Screening

Current through Register 1525, July 5, 2024
(1) The Board shall issue a Statewide Mapping and Screening Report prepared in accordance with any requirements of 310 CMR 41.44 through 41.45. Such Report shall identify, and exclude from further consideration in the site selection process, those areas of the Commonwealth that are obviously unable to satisfy the site selection criteria set forth in 310 CMR 41.00.
(2) The Board shall conduct at least one public meeting on the Statewide Mapping and Screening Report at a time and location to be determined after consultation with the Public Participation Coordinator, and shall accept written comments thereon. The Board shall consider and evaluate all comments and statements made at a public meeting or submitted in writing.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.84 - Possible Locations

Current through Register 1525, July 5, 2024
(1) After the issuance of the Statewide Mapping and Screening Report, the Board shall issue a Report Identifying Possible Locations, which are likely to contain one or more Candidate Sites that will satisfy the criteria set forth in 310 CMR 41.41(1)(a) and (b). The Report shall describe the procedures used to identify such Possible Locations and establish that such procedures conform to any requirements of 310 CMR 41.50 through 41.51.
(2) The Board shall provide a notice, satisfying the requirements of M.G.L. c. 111H, § 19 to the Chief Executive Officer and Chief Elected Official of each community in which is located a Possible Location identified in the Report. All communities in which a Possible Location is located shall also receive a second notice of the opportunity to participate in voluntary siting activities, together with information about grant funds available pursuant to 345 CMR 1.82.
(3) The Board shall conduct at least one public meeting on the Report in the vicinity of each Possible Location identified in the Report at times and locations to be determined after consultation with the Public Participation Coordinator, and shall accept written comments thereon. The Board shall consider and evaluate all comments and statements made at a public meeting or submitted in writing.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.85 - Candidate Sites

Current through Register 1525, July 5, 2024
(1) The Board shall issue a draft Candidate Site Identification Report. Such Report shall identify at least two, but not more than five candidate sites that appear to satisfy the requirements of 310 CMR 41.41(1), and that the Board considers to be potentially licensable, capable of being developed, and otherwise appropriate for detailed site characterization pursuant to M.G.L. c. 111H, § 23. Such Report shall also include:
(a) a report of the results of a preliminary characterization of the meteorology, surface and groundwater, geology, tectonics, geomechanics, air quality, ecology, land use, cultural resources and social and economic characteristics of each location considered as a possible candidate site;
(b) a description of the procedures used to identify the candidate sites based on such preliminary characterization; and
(c) draft plans for detailed site characterization of each candidate site.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.87 - Selection of Superior Site

Current through Register 1525, July 5, 2024
(1) Upon voting to accept or modify a Detailed Site Characterization Report, the Board may select any Superior Site by a _ vote of its members. Upon such vote, the Commissioner of the Division of Capital Planning and Operations shall, on behalf of the Board, take appropriate action to acquire, by purchase or taking, pursuant to M.G.L. c. 79, a fee simple interest in the Superior Site, together with such other land, easements, rights-of-way or other property interests necessary to construct and operate a facility thereon and to conduct an environmental monitoring program pursuant to M.G.L. c. 111H, § 36 or, in the case of real property of the Commonwealth, to transfer the control and use of such property to the Board. Such acquisition or transfer shall be subject to the requirements of M.G.L. c. 7, §§ 40E through 40M; provided, however, that the Superior Site shall be deemed to possess unique qualities for the purposes of M.G.L. c. 7, § 40H. Upon the acquisition of such interest, each site community, during the period prior to the issuance of a facility license, shall be entitled to receive an amount in lieu of local property taxes in accordance with M.G.L. c. 50, § 17. No facility developed at a Superior Site selected pursuant to 345 CMR 1.87 shall be subject to site assignment pursuant to M.G.L. c. 111, § 150B.
(2) Upon the selection of a Superior Site, additional members shall be appointed to the Board as follows:
(a) The Chief Executive Officer of each site community in which is located a facility that is in development, operation, closure, post-closure observation and maintenance or institutional control pursuant to M.G.L. c. 111H, shall appoint a community resident to serve as a member of the Board.
(b) If there is only one site community in the Commonwealth, the Chief Executive Officer of the neighboring community having the greatest population residing within three miles of the Superior Site, shall also appoint a community resident to serve as a member of the Board, but, if no community is eligible for such appointment, the Chief Executive Officer of the site community shall appoint a second site community resident to serve as a member of the Board.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.88 - Community Supervisory Committee Requirements

Current through Register 1525, July 5, 2024
(1) The Board shall designate a committee to assume the responsibilities of the Community Supervisory Committee for each Candidate Site Community if the Chief Executive Officer of such community fails to take appropriate action to establish the Community Supervisory Committee within 45 days of the issuance of the draft Candidate Site Identification Report. The committee so designated shall assume such responsibilities until the Community Supervisory Committee is established.
(2) The Board shall provide technical assistance to each Community Supervisory Committee and sufficient funds to enable it to acquire administrative and clerical personnel and to retain consultants necessary to exercise its powers and duties. The Board shall inform Community Supervisory Committees about policies relating to compensation and benefits available to their communities, and about the availability of state resources for local economic assistance.
(3) Each Community Supervisory Committee shall assist the Board in developing a Detailed Site Characterization plan for a Candidate Site located within the community and participate throughout the implementation of such Detailed Site Characterization plan. Appropriate Board officials and consultants shall meet monthly with each Community Supervisory Committee.
(4) The Board shall keep each Community Supervisory Committee informed of the progress of the Detailed Site Characterization; furnish the Community Supervisory Committee with copies of all data, reports, and memoranda pertaining to the Detailed Site Characterization including raw data, draft reports and memoranda; and give the Community Supervisory Committee reasonable opportunity to review and comment upon all work performed.
(5) Upon the expiration of 30 days after the selection of any Superior Site or, if a petition for an adjudicatory proceeding has been filed pursuant to M.G.L. c.111H, s.24, upon a final decision of the Commissioner of the DEP 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 21 days of receiving such request, the Board shall make the appointment.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.89 - Property Value Guarantee

Current through Register 1525, July 5, 2024
(1) Any person owning real property, any portion of which is located within the property value protection district identified by the Board, after consultation with the community supervisory committee, shall be entitled to a guarantee of the value of such property in accordance with the provisions of 345 CMR 1.89. Such guarantee shall be effective upon the Board's selection of a Superior Site for a facility pursuant to M.G.L. c. 111H, § 23(g).
(2) A seller seeking compensation for lost value of real property pursuant to 345 CMR 1.89 shall submit a request for compensation to the Board, together with:
(a) a copy of a purchase and sale agreement for such property executed after the date of the Board's adoption of a Candidate Sites Identification Report, in which the site is identified as a Candidate Site, and containing a provision making the agreement subject to a right of first refusal satisfying the requirements of 345 CMR 1.89(2)(b), if applicable;
(b) in the case of a purchase and sale agreement executed after the selection of a Superior Site pursuant to M.G.L. c. 111H, § 23(g), an agreement, executed by the parties to the agreement granting the Commonwealth a right of first refusal to purchase the property in accordance with the terms and conditions of the agreement;
(c) an appraisal, made by a person qualified to make such an appraisal, of the actual value of the property as of the date of execution of the purchase and sale agreement;
(d) an appraisal, made by a person qualified to make such an appraisal, of the value the property would have, as of the date of execution of the purchase and sale agreement, but for the facility or the possibility of the facility.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan › Section 1.91 - Insurance Plans Required

Current through Register 1525, July 5, 2024
(1) A disposal facility operator shall purchase and maintain the following insurance plans at all times during facility operation, closure and post-closure observation and maintenance:
(a) All-Risk Property Insurance, to insure the facility itself (including costs of replacement of the buildings and equipment) in an amount equal to the facility's replacement cost, or the maximum amount available, whichever is less.
(b) Comprehensive General Liability Insurance, with minimum limits of $25 million per occurrence and $25 million in the aggregate.
(c) Environmental Impairment Liability Insurance, with minimum limits of $10 million, or such greater amounts, up to the maximum loss potential determined by a financial risk assessment acceptable to the Board, as may from time to time be commercially available.
(d) Nuclear Energy Liability Insurance, with minimum limits equal to $25 million or the maximum loss potential determined by a risk assessment acceptable to the Board. The facility operator shall use its reasonable best efforts to obtain such insurance at the required amount. Since such insurance is not currently available in amounts sufficient to satisfy the requirements of 345 CMR 1.91(1)(d), the facility operator shall, through a letter of credit or other acceptable means, establish an escrow arrangement equal to the difference between the available nuclear energy liability insurance policy limits and the required insurance amount.