reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.01 - Overall Objectives

Current through Register 1525, July 5, 2024
The purpose of 345 CMR 3.00 is to implement sections of the Massachusetts Low-Level Radioactive Waste Management Act, M.G.L. c. 111H, governing the criteria and procedures for selection of an operator for any facility at a superior site, so as to:
(1) 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
(2) establish criteria for certifying applicants to design, construct, and operate a low-level radioactive waste management facility
(3) ensure an open and fair process for certifying such applicants.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.11 - Criteria for Operator Certification

Current through Register 1525, July 5, 2024
In order to be eligible for certification, pursuant to M.G.L. c. 111H, § 22, an applicant shall propose a technology and demonstrate, to the Board's satisfaction, sufficient reliability and expertise to design, construct, operate, close, and conduct post-closure observation and maintenance of a facility utilizing such technology in a manner that will protect public health, safety, and the environment. For each technology proposed, such demonstration shall address the financial criteria, technical criteria and management criteria set forth in 345 CMR 3.11 through 3.14.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.12 - Financial Criteria for Operator Certification

Current through Register 1525, July 5, 2024
(1) In order to be eligible for certification, pursuant to M.G.L. c. 111H, § 22, the applicant:
(a) shall demonstrate, to the Board's satisfaction that it has sufficient financial resources or is capable of obtaining sufficient financing to:
1. construct a facility with the characteristics set forth in the applicant's proposal, in accordance with a development contract executed pursuant to M.G.L. c. 111H, § 28; and
2. operate and maintain such a facility in compliance with all applicable statutes and regulations, and the comprehensive operating contract; and
3. satisfy the requirements of 345 CMR 1.91; and
4. provide assurance of financial responsibility in the event of accidents or malfunctioning at the facility, and provide for closure and post-closure observation and maintenance of the facility; and
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.13 - Technical Criteria for Operator Certification

Current through Register 1525, July 5, 2024
(1) In order for the applicant to be eligible for certification, pursuant to M.G.L. c. 111H, § 22, it must be determined, to the Board's satisfaction, that:
(a) the applicant's proposed facility technology appears to be capable of satisfying the licensing and operation standards of 105 CMR 120.800; and
(b) the applicant's proposed technology permits any waste to be accepted at the facility to be monitored and retrieved at any time during the facility's operation, closure, post-closure observation and maintenance or institutional control; and
(c) the applicant's proposed technology ensures that any mixed waste to be accepted at the facility is managed so as to provide an equivalent level of environmental protection as that required by 310 CMR 30.000; and
(d) the applicant's proposed technology does not constitute shallow land burial; and
(e) the cost of the applicant's proposed technology is reasonable in light of the public benefit to be derived from its utilization; and
(f) the applicant's principals, key personnel and professional staff possess the requisite technical strength, professional training and relevant experience to satisfy the obligations contracted for pursuant to 345 CMR 3.00; and
(g) the applicant comprehends the applicable laws and regulations, the scope of the work as required by the Request for Proposal, and the resources required to perform the work as required by the Request for Proposals.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.14 - Management Criteria for Operator Certification

Current through Register 1525, July 5, 2024
(1) In order for the applicant to be eligible for certification, pursuant to M.G.L. c. 111H, § 22, it must be demonstrated to the Board's satisfaction that:
(a) the applicant, affiliated entities, principals, and key personnel do not have a pattern of major violations of the public health, safety or environmental requirements of federal, state or local law; and
(b) the applicant, affiliated entities, principals, and key personnel do not have a record of continuing violations of the public health, safety or environmental requirements of federal, state or local law; and
(c) the applicant, affiliated entities, principals, and key personnel have complied or are complying with all orders, consent decrees or similar administrative judgments of any federal, state or local agency; and
(d) the applicant, affiliated entities, principals, and key personnel have made or are making full payment of any civil or criminal penalties imposed as part of a final judgment under federal, state or local law; and
(e) the applicant, affiliated entities, principals, and key personnel have not been convicted of a criminal violation of federal, state or local public health, safety or environmental law, within ten years prior to the date of the application; and
(f) a review of the past practices of the applicant, affiliated entities, principals, and key personnel indicates that it can be reasonably expected that, in constructing, maintaining and operating the proposed facility, the applicant will maintain a satisfactory record of compliance with applicable statutes, regulations, permits, licenses, the development contract and the comprehensive operating contract; and
(g) the applicant has demonstrated the appropriate professional training, qualifications and relevant experience of any person identified as the full-time project or program manager, and the ability of that person to control performance of all responsible components of the proposed organization; and
(h) the applicant has demonstrated creativity and competence in organizing and scheduling the required work, including ample public participation, for timely completion; and
(i) the applicant, affiliated entities, principals, and key personnel have demonstrated a successful record of relevant, recent experience similar to that required for the development, operation and closure of the proposed facility; and
(j) the applicant has demonstrated the ability to commit the required resources immediately upon execution of the development contract; and
(k) the applicant, affiliated entities, principals, and key personnel have not previously provided services to the Board in connection with the selection of a superior site for the proposed facility; and
(l) the applicant and key personnel have demonstrated understanding of the needs of public participation complying with M.G.L. c. 111H as demonstrated in their technical and management approach.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.21 - Public Records Disclosure

Current through Register 1525, July 5, 2024
All material submitted by the applicant to the Board or the Community Supervisory Committee pursuant to 345 CMR 3.00 shall be deemed a public record, and available for scrutiny by any member of the public.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.23 - Attorney General's Investigative Reports

Current through Register 1525, July 5, 2024
Within 60 days of the final date for submission of responses to the request for proposals, pursuant to 345 CMR 3.22, the Attorney General shall prepare and submit to the Board and Community Supervisory Committees a report on each applicant and its officers, directors, partners, principal owners, key personnel and proposed subcontractors, describing their record of compliance with environmental and related laws, regulations, permits and licenses.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.24 - Applicant Expenditure Reports

Current through Register 1525, July 5, 2024
(1) Each applicant shall annually, by March first, submit to the Board, the State Ethics Commission and the Inspector General, a report listing each expenditure made during the previous calendar year by an official, employee or representative of the firm, including consultants, to or for the benefit of the Board, DPH, DEP, the Division of Capital Planning and Operations or any Community Supervisory Committee, or any member or employee thereof. An officer of the firm shall certify the report as complete and accurate under pains and penalties of perjury.
(2) For the purposes of 345 CMR 3.24, an expenditure shall include, but not be limited to, any payment, entertainment, subscription, advance, discount, service or anything of value unless consideration of equal or greater fair market value is given in exchange for it. An expenditure shall not include an unsolicited gift of advertising or promotional material, such as pens, pencils, note pads, calendars, or other items of nominal value, not to exceed $25.00. An expenditure shall not include a meal or a token if:
(a) the meal or token is given in connection with a person's performance of official duties at a business meeting of an organization, or an educational, informational or professional function, or similar kind of event; and
(b) the value of the meal or token is less than $50.00. However, as used in 345 CMR 3.24, a token shall not include cash, or a free pass, a discount or ticket to a sporting event or entertainment.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.25 - Applicant Certification by the Board

Current through Register 1525, July 5, 2024
(1) Upon the issuance of the draft candidate site identification report pursuant to M.G.L. c. 111H, § 20 and after consultation with the deputy commissioner of the Division of Capital Planning and Operations, the Board shall certify those applicants who satisfy the financial, technical and management criteria set forth in 345 CMR 3.11 through 3.14. If an applicant has proposed more than one technology for the facility, the Board shall separately determine for each technology proposed, whether the applicant is to be certified. Such certification shall be accompanied by a report including a statement of reasons for the certifications made. Such report shall be distributed to each Community Supervisory Committee, the applicants and all others making a timely request.
(2)
Reconsideration of a Negative Determination
(a) Within ten days after a determination by the Board that an applicant is not certified pursuant to 345 CMR 3.25 with respect to one or more technologies proposed by the applicant, the applicant may file with the Board a written request for reconsideration setting forth, with particularity, the basis of the requested reconsideration and requesting an adjudicatory proceeding thereon, as allowed by 345 CMR 3.25(4).
(b) The applicant shall mail, on the same day that the request for reconsideration is filed, a copy of said request, via certified mail, to each Community Supervisory Committee.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.26 - Applicant Advisory Board

Current through Register 1525, July 5, 2024
(1) Within 90 days of the issuance of the draft candidate site identification report, the Board shall execute a contract with each certified applicant under which the applicant shall participate in an Advisory Board.
(2) The Advisory Board will assist in the planning and implementation of detailed site characterization of the candidate sites identified pursuant to M.G.L. c. 111H, § 20, in accordance with 310 CMR, regulations adopted by DEP.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.27 - Certified Applicant Interviews and Discussions

Current through Register 1525, July 5, 2024
(1) No more than 11 months after the acceptance of the candidate site identification report (during which site characterization will occur), each certified applicant must file a statement with the Board and each Community Supervisory Committee indicating that it is willing to develop and operate a facility at every candidate site, or identifying any candidate site at which it is unwilling to develop and operate a facility.
(2) Between 11 and 14 months after the acceptance of the candidate site identification report, each Community Supervisory Committee shall interview those certified applicants who indicate their willingness to develop and operate a facility at a candidate site located within such community; meet with the Board or the Deputy Commissioner of the Division of Capital Planning and Operations at the request of any of them to discuss any aspects of the certified applicants' qualifications or responses to the request for proposals; and undertake negotiations with each certified applicant that is willing to develop and operate a facility at the candidate site located within such community, pursuant to which the Community Supervisory Committee shall select the operator of any facility to be developed at such site.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.28 - Written Responses to Questions and Requests

Current through Register 1525, July 5, 2024
(1) Each certified applicant interviewed by the site community Community Supervisory Committee shall be given an opportunity to file, within 60 days of the selection of a superior site, a written response to any questions or requests directed to such Certified Applicant.
(2) Such written response may include:
(a) a description of any necessary changes in the originally proposed development, operation, closure, post-closure observation and maintenance or institutional control plans to be implemented at the superior site.
(b) any covenants proposed, as the result of negotiations with representatives of communities or the Commonwealth, to be made by the applicant concerning:
1. transportation routing.
2. access road construction.
3. limitations on the hours or number of daily deliveries of low-level radioactive waste to the facility.
4. the number of facility employees to be hired from among site, neighboring and affected community residents.
5. the amount of business to be contracted for with site, neighboring and affected community firms.
6. mitigation of facility impacts on site, neighboring or affected communities.
(c) such other information that will allow the Community Supervisory Committee to determine whether the applicant will be able to ensure proper facility operation in order to protect public health, safety and the environment, and the site and neighboring communities' interests.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.29 - Operator Selection by the Community Supervisory Committee

Current through Register 1525, July 5, 2024
(1) Between 60 and 90 days after the selection of the superior site, the Community Supervisory Committee of the site community shall select, from among the certified applicants interviewed, the operator of the facility to be developed at such site. If the candidate site is situated in more than one community, the selection of the operator shall be made by majority vote of the members of the combined Community Supervisory Committees of the site communities.
(2) Except as provided in 345 CMR 3.29(3), if the Community Supervisory Committee or Community Supervisory Committees fail to select an operator from among the certified applicants within 90 days after the selection of the superior site, the Board shall select such operator by a vote of its members.
(3) Upon a showing by the Community Supervisory Committee that, despite its best efforts to select a facility operator within such 90 days, such selection could not be timely accomplished, the Board may agree to defer operator selection to allow the Community Supervisory Committee to complete its selection and to exercise the Board's power to select the operator chosen by the Community Supervisory Committee.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.31 - Execution of Development Contract

Current through Register 1525, July 5, 2024
(1) Within 60 days of the selection of the operator, the Board shall execute a development contract under which the operator shall be obligated to fulfill all of the requirements of the facility approval process established in M.G.L. c. 111H, §§ 29 to 34 in accordance with the plan submitted by the operator to the Community Supervisory Committee as part of the written response to questions and requests (or the original plan submitted in response to the Requests for Proposals), or any revision of such plan approved by the Board. The terms of the development contract and, in particular, any payments for services to be provided pursuant to such contract, shall be established through negotiations between the applicant and the Board.
(2) The operator shall be required to post a bond, in an amount to be determined by the Board, payable to the Board. The amount of such bond shall be reviewable from time to time by the Board to ensure its adequacy. Such bond shall be conditioned on the faithful performance of the obligations, agreements and covenants specified in the development contract, and 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.
(3) The Board shall seek the assistance and advice of the Deputy Commissioner of Division of Capital Planning and Operations in overseeing the operator's activities under the development contract and evaluating the adequacy of such development activities.
(4) If no development contract is executed within 60 days of the designation of the operator or the required bond is not posted, the operator selection shall be set aside, and a replacement operator shall be selected in accordance with the procedures set forth in 345 CMR 3.29. The Community Supervisory Committee or Community Supervisory Committees shall have 30 days to select the replacement operator, from the expiration of the time for the operator originally selected to execute the development contract or post the performance bond.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 3.00 - The Selection Of Operators › Section 3.91 - Exemptions

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 111H, §§ 30 and 48, the selection of an operator is not subject to the requirements of M.G.L. c. 149, §§ 44A through 44J.
(2) Pursuant to M.G.L. c. 111H, § 48, the selection of an operator is not subject to the requirements of M.G.L. c. 7, §§ 38A½ through 38N.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 4.00 - Low-level Radioactive Waste Management Fund › Section 4.01 - Purpose, Authority and Applicability

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 345 CMR 4.00 is to provide funds for the Low-Level Radioactive Waste Management Fund and otherwise to implement the provisions of M.G.L. c. 111H, §§ 4A and 4B. The Fund will be used to defray the costs of implementing the management plan and carrying out the powers and duties conferred on the Board. Except to the extent specifically provided herein, nothing in 345 CMR 4.00 shall be construed to affect any rights, duties, or obligations established by any statute or by any regulation promulgated by the Board.
(2)
Authority
. 345 CMR 4.00 is adopted pursuant to M.G.L. c. 111H, §§ 4A and 4B.
(3)
Sunset
. Pursuant to M.G.L. c. 111H, § 4A(e), no assessments pursuant to 345 CMR 4.00 shall be due and payable after June 30, 1993 unless the Board has submitted the schedule of assessments it has adopted to the House and Senate Committees on Ways and Means at least 90 days prior to sending any notice of such assessment.
(4)
Computation of Time
. Unless otherwise specifically provided by statute or 345 CMR 4.00, any time period prescribed or referred to in 345 CMR 4.00 or in any action taken pursuant to 345 CMR 4.00 shall begin with the first day following the act which initiates the running of the time period, and shall include every calendar day, including the last day of the time period so computed. If the last day is a Saturday, Sunday, legal holiday, or any other day on which the Board's offices are closed, the deadline shall run until the end of the next business day.
Code of Massachusetts Regulations › 345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD › Title 345 CMR 4.00 - Low-level Radioactive Waste Management Fund › Section 4.04 - Enforcement

Current through Register 1525, July 5, 2024
(1)
Failure to make timely payment
. Failure without just cause to pay any assessment when due pursuant to 345 CMR 4.03 shall constitute a violation of 345 CMR 4.00. Interest on the assessment shall accrue at 12% per annum on and after the due date of the assessment. The Board may cooperate with other agencies or take any steps authorized by law to achieve compliance with 345 CMR 4.00 including, but not limited to, the enforcement measures set forth in 345 CMR 4.04.
(2)
Notice of violation.
(a) The Board shall give written notice to any licensee or registrant who violates the provisions of 345 CMR 4.03. The notice may be provided by mail or personal delivery to the correspondence address listed in the license or registration, to the address of the licensed or registered facility, or to any other correspondence address used by the licensee or registrant; or by any means provided for service of process; or by other means reasonably calculated to assure receipt by the licensee or registrant.
(b) The written notice, at a minimum, shall:
1. describe the violation;
2. set a reasonable deadline by which the violator shall pay the assessment, plus interest as provided in 345 CMR 4.04(1);
3. notify the violator that if the deadline for compliance is not met, the Board will assess civil penalties pursuant to 345 CMR 4.04(4); and
4. notify the violator of the right to a hearing before being assessed civil penalties pursuant to 345 CMR 4.04(3).
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.01 - Authority

Current through Register 1525, July 5, 2024
360 CMR
							1.00 are the rules and regulations of the Massachusetts
							Water Resources Authority, promulgated pursuant to St. 1984, c. 372, to govern
							the conduct of administrative adjudicatory proceedings held by the
							Authority.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.02 - Purpose and Applicability

Current through Register 1525, July 5, 2024
(1)
									360 CMR
						1.00 is intended to:
(a) Govern the conduct of all Adjudicatory
						Proceedings, as defined in
						360 CMR
						1.00, held by the Massachusetts Water Resources
						Authority; and
(b) Provide for a just
						and speedy determination of the legal rights, duties, and privileges of the
						parties to Adjudicatory Proceedings before the Massachusetts Water Resources
						Authority.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.03 - Severability

Current through Register 1525, July 5, 2024
The provisions of
							360 CMR
							1.00 are severable. If any provision of
							360 CMR
							1.00, or the application to any Person or circumstance,
							is held invalid, the invalidity shall not affect other provisions or applications
							which can be given effect without the invalid provision or
							application.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.05 - Representation

Current through Register 1525, July 5, 2024
(1)
Appearance
. An
						individual may appear on his or her own behalf. A duly authorized officer or
						employee may represent a corporation, an authorized member may represent a
						partnership or joint venture, and an authorized trustee may represent a trust.
						Any Party to an Adjudicatory Proceeding shall have the right to be represented by
						an Authorized Representative.
(2)
Notice of Appearance
. The filing of any pleading,
						motion, or other Paper shall constitute an appearance by the attorney who signs
						it, unless the Paper states otherwise. Where a Party is not represented by an
						attorney, the Party shall file a written notice with the Authority, identifying
						the name, address, affiliation, if any, and telephone number of the Party's
						Authorized Representative. Where the Party represents himself or herself, he or
						she shall notify the Authority in writing.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.06 - Filing, Receipt of Papers and Notices, and Computation of Time

Current through Register 1525, July 5, 2024
(1)
Timely Filing
.
						Papers required or permitted to be filed under
						360 CMR
						1.00 or any provision of applicable law, must be filed
						within the time limits set by law or regulation and shall be filed at the
						Authority office or wherever designated by the Authority. Papers filed in the
						following manners shall be deemed filed as stated:
(a)
Hand-delivery During Business
						Hours
. Papers so filed shall be deemed filed on the day
						delivered.
(b)
Hand-delivery During Nonbusiness Hours
. Papers so filed
						shall be deemed filed on the next regular business day.
(c)
Mailing
. Papers
						filed by placing in the U.S. Mail shall be deemed filed on the date placed in the
						mail.
(d)
Electronic
						Medium
. Where Papers may be filed by Electronic Medium and are
						received during regular business hours, they shall be deemed filed on the date
						received by the Authority during usual business hours but not later than 5:00
						P.M. Papers received after regular business hours shall be deemed filed on the
						following business day. Papers served by Electronic Medium shall indicate the
						date transmitted and the telephone number or electronic address used for
						transmittal.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.07 - Filings Generally

Current through Register 1525, July 5, 2024
(1)
Title
. Papers filed with the Authority shall state the
						docket number, if any, the title of the Adjudicatory Proceeding, and the names of
						the Parties. Papers not containing all this information shall be accepted for
						filing if they contain sufficient identifying information.
(2)
Signatures
. Papers
						filed with the Authority shall be signed and dated by the Party making the filing
						or by the Party's Authorized Representative, and shall state the address and
						telephone number of the Party or Authorized Representative. The signature of the
						Party or Authorized Representative constitutes a certification by the signer that
						he or she has read the document, knows the content thereof, that to the best of
						his or her knowledge, information, and belief there is a good ground to support
						it, and that it is not interposed for delay and, if the document is signed by an
						Authorized Representative, that he or she has full power and authority to do
						so.
(3)
Agency as a
						Party
. An Agency named a Party to an Adjudicatory Proceeding shall
						be designated by its name and not by the name(s) of particular individual(s)
						holding office. If a change occurs in an individual(s) holding office while the
						Adjudicatory Proceeding is pending, the Adjudicatory Proceeding shall not abate,
						and no substitution of Parties shall be necessary.
(4)
Form
.
(a) All Papers, except submittals and documents
						which are kept in a larger format during the ordinary course of business, shall
						be handwritten or typewritten on paper 8 to 8 ½ inches wide by 10 to 11
						inches long, with left hand margins not less than one inch. The impression shall
						be on only one side of the page, unless there are more than four pages, and shall
						be double-spaced except that quotations in excess of three lines shall be
						single-spaced and indented. Photocopied Papers will be accepted as handwritten or
						typewritten. All Papers shall be clear and legible.
(b) Notwithstanding 360 CMR 1.07(4)(a), all
						interrogatories, requests for admission of fact, and requests for production of
						documents may be single spaced.
(c)
						The Authority may provide forms to be used by the Parties.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.08 - Ex Parte Communications

Current through Register 1525, July 5, 2024
No Party or other person directly or indirectly involved in an
							Adjudicatory Proceeding shall submit to the Presiding Officer, or any Authority
							employee involved in the decision making process, any evidence, arguments,
							analysis, or advice, whether written or oral, regarding any matter at issue in an
							Adjudicatory Proceeding, unless such submission is part of the record or made in
							the presence of all Parties. 360 CMR 1.08 does not apply to consultation among
							the Authority's members concerning the Authority's internal administrative
							functions or procedures.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.09 - Withdrawal and Disqualification of Presiding Officer

Current through Register 1525, July 5, 2024
A Presiding Officer may at any time withdraw from an
							Adjudicatory Proceeding, in which case another Presiding Officer shall be
							appointed. If a Party files a timely and sufficient motion and supporting
							affidavit alleging bias or other ground for disqualification of a Presiding
							Officer, and the Presiding Officer does not disqualify himself or herself
							pursuant to such motion, such motion and all material submitted in support of and
							opposition to such motion shall be made part of the record, and the Presiding
							Officer may rule on the motion as part of the Decision in the Adjudicatory
							Proceeding or at such earlier time as justice may require.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.10 - Docket/Decision Index

Current through Register 1525, July 5, 2024
(1)
Docket
. Unless otherwise prescribed by law, the
						Authority shall maintain on a current basis a docket of all proceedings, which
						shall list separately in chronological order all Papers filed and actions taken
						in each Adjudicatory Proceeding.
(2)
Decision Index
. Unless otherwise prescribed by law, the
						Authority shall maintain on a current basis a Decision Index and compilation of
						Decisions. Said index shall contain an alphabetical listing by name and subject
						matter of all Adjudicatory Decisions rendered by the Authority and shall contain
						a further cross reference as to the page number in the compilation where the
						subject Decision may be found. All names and addresses of Parties shall, when
						appropriate, be deleted from the Decisions in the compilation in order to protect
						confidentiality.
(3)
Public Inspection
. Unless prescribed by law, the docket,
						decision index, and compilation of Decisions shall be available for inspection
						and copying by the public during the office hours of the Authority. The rate for
						copying shall be the rates as set by the Executive Office for Administration and
						Finance.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.11 - Availability of Rules

Current through Register 1525, July 5, 2024
Copies of all rules shall be available upon request to any
							Person from the offices of the Authority. Fees for copies shall be the cost of
							public records as determined by the Executive Office for Administration and
							Finance.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › GENERAL RULES › Section 1.12 - Amendments to 360 CMR 1.00

Current through Register 1525, July 5, 2024
All amendments to
							360 CMR
							1.00 shall be effective as of the date of publication
							thereof unless otherwise specifically provided.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › HEARING RULES › Section 1.23 - Intervention and Participation

Current through Register 1525, July 5, 2024
(1)
Intervention
. Any Person not initially a Party to the
						Proceeding may file a timely motion to intervene as a Party in the whole or a
						portion of the Proceeding. The Presiding Officer shall allow the motion if the
						moving Party establishes:
(a) that he is
						substantially and specifically affected by the Proceeding;
(b) he is so situated that the disposition of
						the Proceeding may as a practical matter impair or impede his ability to protect
						the interest affected by the Proceeding and his interest is not adequately
						represented by existing Parties; or
(c) that he has a constitutional or statutory
						right to intervene.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › HEARING RULES › Section 1.24 - Hearings and Conferences

Current through Register 1525, July 5, 2024
(1)
Pre-hearing Conference
. The Presiding Officer may upon
						his own initiative or upon the application of any Party, call upon the Parties to
						appear for a conference to consider:
(a)
						simplifying or clarifying the issues;
(b) the possibility of obtaining stipulations,
						admissions, agreements on documents, understandings on matters already of record
						or similar agreements which will avoid unnecessary proof;
(c) limiting the number of expert witnesses or
						avoiding similar cumulative evidence, if the case is to be heard;
(d) the possibility of settlement or other
						agreement disposing of all or any of the issues in dispute; and
(e) such other matters as may aid in the
						disposition of the Adjudicatory Proceeding. Those matters agreed upon by the
						Parties shall be electronically recorded in the presence of the Parties and/or
						reduced to writing and shall be signed by the Parties, and constitute part of the
						record. The scheduling of a pre-hearing conference shall be solely within the
						discretion of the Presiding Officer.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › HEARING RULES › Section 1.26 - Decisions

Current through Register 1525, July 5, 2024
(1)
Tentative Decisions.
(a)
Mandatory Tentative
						Decision
. A Tentative Decision shall be required only if the
						decision following the Adjudicatory Proceeding will be rendered by a majority of
						officials of the Authority who have neither heard nor read the evidence, and if a
						Party requests a Tentative Decision.
(b)
Optional Tentative
						Decision
. Prior to the close of the hearing on the merits, any Party
						may make a written or oral request for a Tentative Decision. If the request is
						granted, or if the Presiding Officer determines that a Tentative Decision should
						be issued in the interest of justice, a written Tentative Decision shall be
						issued.
(c)
Issuance of
						Tentative Decision
. Every Tentative Decision shall be in writing and
						shall contain a statement of the reasons therefor, including a determination of
						every issue of fact or law necessary to the Decision. Whenever a Tentative
						Decision is rendered, each Party shall have the opportunity to file a written
						objection to the Decision stating the grounds of the objection. The objection
						shall be made within seven days from the Party's receipt of the Tentative
						Decision.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 1.00 - Adjudicatory Proceedings › HEARING RULES › Section 1.27 - Stipulations and Agreements

Current through Register 1525, July 5, 2024
(1)
Stipulations
. The Parties may make written stipulations
						of fact or law, or may make oral stipulations at a hearing. In making findings of
						fact or conclusions of law, the Presiding Officer need not be bound by any
						stipulation to which the Authority is not a party.
(2)
Voluntary Dismissal by
						Stipulation or by Motion
. An Adjudicatory Proceeding may be
						dismissed by the Party that commenced the proceeding at any time before the
						holding of the initial pre-hearing conference by filing a notice of dismissal
						signed by its duly authorized representative. After the date upon which the
						initial pre-hearing conference has been held, an Adjudicatory Proceeding may be
						dismissed by the filing of a stipulation of dismissal signed by all Parties that
						have appeared in the Adjudicatory Proceeding. Any voluntary dismissal by
						stipulation filed hereunder shall be with prejudice and shall bar any later
						resumption or re-commencement of that proceeding and shall constitute a waiver of
						the rights to:
(a) administrative review of the
						matter(s) and issue(s) which were the subject of the Adjudicatory
						Proceeding;
(b) rehearing,
						re-argument, and reconsideration of the matters and issues raised in the
						Adjudicatory Proceeding;
(c) a
						Tentative or Final Decision; and
(d)
						the Party's rights of appeal from a Final Decision. Any Party seeking to
						voluntarily dismiss an Adjudicatory Proceeding, in whole or in part, without
						prejudice, shall do so by motion filed and served in accordance with the
						provisions of
						360 CMR 1.21(2)(a) and
						(b) which motion shall be heard and decided by
						the Presiding Officer.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › GENERAL PROVISIONS › Section 2.01 - Authority

Current through Register 1525, July 5, 2024
360 CMR 2.00 is promulgated
							pursuant to St. 1984, c. 372, §§ 6 and 8, governing enforcement by the
							Authority of St. 1984, c. 372, §§ 6 and 8 and of the Authority's rules,
							regulations, orders, permits, and other requirements.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › GENERAL PROVISIONS › Section 2.02 - Purpose

Current through Register 1525, July 5, 2024
360 CMR 2.00 is intended
							to:
(1) Promote the efficient and
						economical repair, replacement, rehabilitation, modernization, extension,
						regulation, and operation of systems for water service and wastewater collection,
						disposal, and treatment in the service area of the Authority;
(2) Enhance the Authority's ability and
						effectiveness in administering its present and future programs and in enforcing
						St. 1984, c. 372, §§ 6 and 8 and the Authority's rules, regulations,
						orders, permits, and other requirements;
(3) Assure that the Authority assesses civil
						administrative penalties, and otherwise implements St. 1984, c. 372, §§
						6 and 8 lawfully, fairly, and consistently;
(4) Provide for the imposition of reasonable
						penalties for violations of the Authority's regulations that are commensurate
						with the seriousness of the violation; and
(5) Implement the requirements of the National
						Pretreatment Regulations promulgated pursuant to the Federal Water Pollution
						Control Act, including
						40
						CFR §
										403.8(f).
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › GENERAL PROVISIONS › Section 2.03 - Severability

Current through Register 1525, July 5, 2024
The provisions of
							360 CMR 2.00 are severable. If
							any provision of
							360 CMR 2.00, or the application
							to any Person or circumstance, is held invalid, the invalidity shall not affect
							other provisions or applications, which can be given effect without the invalid
							provision or application.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › GENERAL PROVISIONS › Section 2.04 - Definitions

Current through Register 1525, July 5, 2024
Unless the context specifically indicates otherwise, the
							meaning of the terms used in
							360 CMR 2.00 shall be those
							defined in
							360 CMR 10.004 and as
							follows:
Civil Administrative Penalty, and
							Penalty
shall mean a Civil Administrative Penalty that the Authority
							seeks to assess pursuant to St. 1984, c. 372, §§ 6 and 8, and
							360 CMR 2.00.
Electronic Medium
. Any device used to
							transmit information electronically including, but not limited to, facsimile and
							e-mail.
Executive Director
shall mean the
							Executive Director of the Authority.
Notice of Noncompliance
shall mean the
							written notice given to a Person by the Authority pursuant to
							360 CMR
							2.12 stating that the Person has failed to
							comply on a specified occasion with a described Requirement.
Penalty Assessment Notice or PAN
shall
							mean a written notice from the Authority imposing a civil administrative penalty
							pursuant to St. 1984, c. 372, as amended, and Authority regulations.
Permit
shall mean any license, permit,
							certificate, registration, charter, authority, approval, or other form of
							permission required by law or by rule, regulation, or order of the
							Authority.
Permit Action
shall mean an action by
							the Authority taken pursuant to
							360 CMR 2.15 to
							revoke, suspend, modify, deny, or refuse to renew a Permit.
Requirement
shall mean any rule,
							regulation, order, or Permit issued or adopted by the Authority, or any law or
							regulation which the Authority has the authority or responsibility to
							enforce.
Violation
shall mean any act or
							failure to act or omission which constitutes or results in one or more of the
							following:
(a) Engaging in any business or other activity without a
							currently valid Permit whenever engaging in such business or activity requires
							such a Permit;
(b) Engaging in any activity prohibited by, or not in
							compliance with, any Requirement; or
(c) Not doing fully, or not doing in timely fashion, anything
							required by any Requirement.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › GENERAL PROVISIONS › Section 2.05 - Applicability

Current through Register 1525, July 5, 2024
360 CMR 2.00 applies to every
							law the Authority has the authority or the responsibility to enforce, and to
							every rule, regulation, order, permit, and other requirement issued or adopted by
							the Authority. This includes laws, rules, regulations, orders, permits, and other
							requirements now in effect or enacted, issued, or adopted in the
							future.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › GENERAL PROVISIONS › Section 2.06 - Computation of Time

Current through Register 1525, July 5, 2024
Unless otherwise specifically provided by statute or by
							regulation or order issued by the Authority, any time period prescribed or
							referred to in
							360 CMR 2.00 shall begin with
							the first day following the last day of the act which initiates the running of
							the time period, and shall include every calendar day, including the last day of
							the time period so computed. If the last day is a Saturday, Sunday, legal
							holiday, or other day in which the Authority offices are closed, the deadline
							shall run until the end of the next business day.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › GENERAL PROVISIONS › Section 2.07 - Issuance and Service of Notices, Orders, and Rulings

Current through Register 1525, July 5, 2024
(1) Each
						notice, order, and/or ruling issued under
						360 CMR 2.00 shall be served by
						one or more of the following methods:
(a)
						Service in hand at the last known address in the Commonwealth of the Person or at
						the last known address of any officer, employee, or agent of the Person
						authorized by appointment of the Person or by law to accept service;
(b) Service in hand to the Person, or to any
						officer, employee, or agent of the Person authorized by appointment of the Person
						or by law to accept service;
(c) By
						certified mail, return receipt requested, addressed to the Person's last known
						address in the Commonwealth, or to the last known address of any officer,
						employee or agent authorized by appointment of the Person or by law to accept
						service; or
(d)
By
						Electronic Medium
. Papers served by Electronic Medium shall indicate
						the date transmitted and the telephone number or electronic address used for
						transmittal.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › GENERAL PROVISIONS › Section 2.08 - Effective Date

Current through Register 1525, July 5, 2024
360 CMR 2.00 shall govern all
							enforcement actions taken on or after the effective date of
							360 CMR 2.00, regardless of
							whether a Violation occurred before, on, or after the effective date. Any
							enforcement action taken prior to the effective date of
							360 CMR 2.00 shall be governed
							by the regulations in effect when that enforcement action was
							taken.