reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 5.00 - Council Determination Whether A Proposal Is Feasible And Deserving Of State Assistance › Section 5.04 - Additional Criteria Applicable to Notices of Intent Which Name Specific Sites

Current through Register 1525, July 5, 2024
In addition to meeting the criteria set forthin 990 CMR 5.03, any proposed project which names a specific site shall be determined to be feasible and deserving of state assistance with respect to that site only if the Council finds, onthe basis ofthe informationavailable to it within the time constraints of M.G.L. c. 21D, that it can be reasonably expected that:
(1) the developer is capable of acquiring whatever ownership or possessory interest in the property is necessary to proceed with the proposed project;
(2) no portion of the proposed site is located in bordering vegetated wetlands, as defined in 990 CMR 3.00;
(3) no portion of the proposed site is located on a salt marsh, a barrier beach, a coastalbeachor on coastal dunes, as defined in 310 CMR 9.00 and 10.00;
(4) no portion of the proposed site is located in an area designated by the Secretary as an "Area of Critical Environmental Concern"pursuant to 301 CMR 10.17 or 301 CMR 20.06(13) through (26);
(5) no portion of the proposed site is located within wetlands restricted pursuant to M.G.L. c.130, § 105 or M.G.L. c. 131, § 40A;
(6) no portion of the proposed site is located within lands designated as "scenic and recreational rivers and streams of the commonwealth" pursuant to M.G.L. c. 21 § 17B;
(7) no portion of the proposed site is located within a nationalpark or forest, or within any state or municipal land held for the purposes set forth in Article 97 of the Articles of Amendment to the Massachusetts Constitution;
(8) if any portion of the proposed site is to be used for surface impoundments or for the disposal of hazardous waste into or on the land, including landfills, seepage facilities, injection wells, land treatment facilities and road oiling with waste oil, then such portion of the site is not located:
(a) within the watershed of surface waters classified as Class A by the Division of Water Pollution Control; or
(b) over an aquifer designated as a sole-source aquifer pursuant to the U.S. Safe Drinking Water Act; or
(c) within the cone of influence, if known, or otherwise within 1000 feet of a well-head serving a community water system, as defined by 310 CMR 22.00, or within 250 feet of a private well; or
(d) within the 100-year floodplain or the boundary of the inland or coastal flood of record, whichever is greater. The boundary of the 100-year floodplain shall be determined by reference to the most recently available flood profile data prepared for the proposed host community pursuant to the National Flood Insurance Program, as administered by the Federal Emergency Management Administration;
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 5.00 - Council Determination Whether A Proposal Is Feasible And Deserving Of State Assistance › Section 5.05 - Notification

Current through Register 1525, July 5, 2024
(1) The Chairman or hisdesignee shall send written notification of the Council's determination pursuant to 990 CMR 5.01, 5.06 or 5.07 to the chief executive officer and local assessment committee ofany proposed host community or communities, the developer and the Department. Suchnotification shall include a written summary of the reasons for the determination.
(2) The Department shall send written notification of the Council's determination and a copy of the above-mentioned summary to the Notice of Intent Recipients. If the Council has determined that a proposal is feasible and deservingofstateassistance, the Department shall further send said notification and a schedule of briefing sessions to the chief executive officer of every city and town in the commonwealth and shall request that notice thereof be published in the Environmental Monitor.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 5.00 - Council Determination Whether A Proposal Is Feasible And Deserving Of State Assistance › Section 5.06 - Reconsideration

Current through Register 1525, July 5, 2024
(1)
Reconsideration of a Negative Determination
(a)
Application
. At any time after a determinationbythe Council that a proposed project is not feasible and deserving of state assistance, the developer may file with the Council a written request for reconsideration.
(b)
Notice
. The developer shall mail a copy of said request to all Notice of Intent Recipients and the local assessment committee, if any, of the proposed host community.
(c)
Content
. The developer shall submit all the information he desires the Council to consider in reviewing his request, and shall further submit a list of all those to whom copies of the request were sent and the certification specified in 990 CMR 4.02(13).
(d)
Decision
. The Council shall render a decision within 45 days of receipt of the request for reconsideration, and notification thereof shall be distributed in accordance with 990 CMR 5.05.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 5.00 - Council Determination Whether A Proposal Is Feasible And Deserving Of State Assistance › Section 5.07 - Revocation

Current through Register 1525, July 5, 2024
At any time prior to a dec laration by the Council, pursuant to 990 CMR 14.03, that a siting agreement is operative, the Council may revoke a determination that a proposal is feasible and deserving of state assistance.
(1)
Criteria
. The Council shall revoke a determination that a proposal is feasible and deserving of state assistance only if one or more of the following is clearly established:
(a) the developer knowingly and intentionally submitted false information in the Notice of Intent or knowingly and intentionally misrepresented or omitted information contained or required in the Notice of Intent or required by 990 CMR 5.00;
(b) the developer submitted false information in the Notice of Intent or misrepresented or omitted information contained or required in the Notice of Intent or required by 990 CMR 5.00, and the Council, had it possessed the correct or complete information during its initial review, would not have deemed the proposal feasible and deserving of state assistance;
(c) information is received concerning events or occurrences which would have been relevant to the initial review and determination by the Council but which occurred subsequent to that determination, and the Council, had the events or occurrences happened prior to its determination, would not have deemed the proposed project feasible and deserving of state assistance.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 6.00 - Public Briefing Sessions › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
The Department shall conduct briefing sessions for the purpose of insuring the participation of interested persons in the siting process and informing the public about every proposal which the Council has determined to be feasible and deserving of state assistance.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 6.00 - Public Briefing Sessions › Section 6.02 - Content

Current through Register 1525, July 5, 2024
After consultation with the developer and the chief executive officer of the proposed host community, the Department shall plan the format, agenda and other aspects of the briefing sessions. At least one session shall include:
(1) an outline, by the Department, of the siting process and a detailed description of the community's negotiating role; and
(2) a description, by the developer, of the proposed project.
Each session shall provide a reasonable opportunity for persons attending to comment on the proposal and ask questions of the Department and the developer.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 6.00 - Public Briefing Sessions › Section 6.03 - Schedule and Location

Current through Register 1525, July 5, 2024
(1)
First Briefing Session
. The Department shall conduct at least one briefing session within 30 days of publication of the Council's determination that a proposal is feasible and deserving of state assistance. If a site is specified in the Notice of Intent this session shall be held in the host community. If more than one site is specified within the host community, the Department may consolidate the briefing sessions if such consolidation will enhance public awareness and participation. If no site is designated in the Notice of Intent, the Department, after consultation with the developer, shall determine the location of the initial briefing session.
(2) Subsequent Briefing Sessions. Following the initial briefing session, the Department shall establish a schedule with locations for briefing sessions which it deems appropriate and best calculated to insure public awareness and participation in the siting process. If a developer has chosen to utilize the site suggestion process pursuant to 990 CMR 7.00, within 30 days of the publication of the final suggested site list the Department shall conduct at least one briefing session in each community on said final list.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 6.00 - Public Briefing Sessions › Section 6.04 - Notice

Current through Register 1525, July 5, 2024
(1) Whenever a public briefing session is to be conducted, the Department shall send a press release to the local press of the date, time and place of the briefing session, and shall similarly notify the Notice of Intent recipients.
(2) Whenever a developer has elected to utilize the site suggestion process pursuant to 990 CMR 7.00, the Department shall sent written notice to the chief executive officer of every city or town in the commonwealth of the expected date of the last briefing session and shall further inform them that such date shall commence the site suggestion period described in 990 CMR 7.02.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 7.00 - Site Suggestion › Section 7.01 - Application

Current through Register 1525, July 5, 2024
990 CMR 7.00 shall apply whenever a developer indicates in the Notice of Intent a willingness to accept site suggestions pursuant to 990 CMR 4.03(1)(a) or (c).
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 7.00 - Site Suggestion › Section 7.02 - Suggestion Process

Current through Register 1525, July 5, 2024
(1)
Initial Period for Suggestion of Sites
. For a period of 50 days following the conclusion of the briefing sessions held pursuant to 990 CMR 6.00, the Department shall accept and forward to the developer written suggestions for sites submitted by any of the following persons, subject to the limitations set forth in M.G.L. c. 21D, § 9:
(a) private individuals who own, or have substantial financial interest in, the suggested site;
(b) the chief executive officer of any city or town in the Commonwealth or the local assessment committee of a host community, who may suggest a site within said city or town or host community:
(c) the developer;
(d) any agency of the Commonwealth.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 7.00 - Site Suggestion › Section 7.03 - Submission of a Notice of Intent

Current through Register 1525, July 5, 2024
At any time during or after the site suggestion process the developer may submit to the Council a Notice of Intent for any site which has been suggested or otherwise brought to his attention and which he believes may be appropriate for the proposed project. Such Notice of Intent shall be comprised of the Notice of Intent as originally filed and all additional information required on the Notice of Intent form when a specific site is named. Such Notice of Intent shall be distributed to all Notice of Intent Recipients as specified in 990 CMR 4.04.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 7.00 - Site Suggestion › Section 7.04 - Site Selection

Current through Register 1525, July 5, 2024
(1)
Public Comment Period
. No decision shall be rendered by the Council on any suggested site until the expiration of a 45 day public comment period. At the close of the period for suggestion of sites or any extension thereof, the developer shall publish notice of each site that has been suggested and of the public comment period in a newspaper of general circulation serving the community in which said site is located. At the developer's option, he need not publish notice of any site that he will not consider and intends to so notify the Council pursuantto 990 CMR 7.04(2)(c). The Council shall request that notice of all sites suggested and the public comment period be published in the Environmental Monitor, and the public comment period shall commence upon the date that said notice is published in the Environmental Monitor. All comments received shall be promptly transmitted to the developer.
(2)
Developer's Preference
. Within seven days ofthe close of the public comment period specified above, the developer may notify the Council in writing of:
(a) any site the developer desires to be included on the final list of sites;
(b) any recommended ranking of sites;
(c) any site the developer would not consider if included on the final list of sites.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 7.00 - Site Suggestion › Section 7.05 - Notification of Final Suggested Site List

Current through Register 1525, July 5, 2024
Within ten days of the Council's promulgation of a final suggested site list the Department shall send a copy thereof to:
(1) the chief executive officer and board of health of each potential host and abutting community;
(2) the local assessment committee of each potential host community, if such has been appointed;
(3) the owner or owners of record of the suggested sites;
(4) the developer;
(5) the regionalplanningagencyofanyregionin which there is a potential host or abutting community; and
(6) newspapers, radio stations and television stations serving the potential host communities.
The Department shall also request that the list be published in the Environmental Monitor.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 8.00 - Local Assessment Committee › Section 8.01 - Time of Formation

Current through Register 1525, July 5, 2024
Not more than 30 days after receipt of a Notice of Intent to construct, expand, maintain and operate a hazardous waste facility on a site in a named city or town, or receipt of notification from the Department that a site in the city or town is on the final suggested site list established by the Council, whichever is later, the chief executive officer of such city or town shall take appropriate action to establish a local assessment committee.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 8.00 - Local Assessment Committee › Section 8.02 - Membership

Current through Register 1525, July 5, 2024
(1) The local assessment committee shall be comprised of:
(a) the chief executive officer, or his designee, who shall serve as its chairman;
(b) the chairman of the local board of health or his designee;
(c) the chairman of the local conservation commission or his designee;
(d) the chairman of the local planning board or his designee;
(e) the chief of the fire department or his designee;
(f) four residents of the city or town, appointed by majority vote of the individuals specified in 990 CMR 8.02(1)(a) through (e), at least three of whom shall be residents of the area of the city or town most immediately affected by the proposed facility; and
(g) not more than four members nominated by the chief executive officer and approved by a majority vote of the city council, board of aldermen, or board of selectmen of said city or town, who may include representatives of abutting communities provided that each representative of an abutting community has been approved by a majority vote of the city council, board of aldermen or board of selectmen of said abutting community.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 8.00 - Local Assessment Committee › Section 8.03 - Council Action in the Absence of Formation of a Local Assessment Committee

Current through Register 1525, July 5, 2024
If a chief executive officer fails to take the actions required by 990 CMR 8.01, the Council shall itself promptly establish and appoint the membership of the local assessment committee. In selecting the members, the Council may consider suggestions from any citizen or official of the host community.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 8.00 - Local Assessment Committee › Section 8.05 - Majority Vote

Current through Register 1525, July 5, 2024
All actions and decisions of the local assessment committee pursuant to M.G.L c. 21D shall be by majority vote of a quorum, except that authorizing the signing of a siting agreement or submission of a negotiation status report shall be by a majority vote of the membership.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 8.00 - Local Assessment Committee › Section 8.06 - Powers and Duties

Current through Register 1525, July 5, 2024
The local assessment committee shall have the following powers and duties:
(1) to represent generally the best interests of the host community in all negotiations with the developer of a proposed facility in said community;
(2) to negotiate with the developer the detailed terms, provisions and conditions of a siting agreement to protect the public health, the public safety and the environment of the host community, as well as to promote the fiscal welfare of said community through special benefits and compensation;
(3) to receive and expend such technical assistance and planning grants as may be made available pursuant to M.G.L. c. 21D, § 11 and 990 CMR 9.00, and such other funds as may become available from any other source, public or private;
(4) to enter into a nonassignable contract binding upon the host community and enforceable against said host community in any court of competent jurisdiction, by the decision to sign a siting agreement pursuant to M.G.L. c. 21D, § 13 and 990 CMR 11.00 and 14.00;
(5) to cooperate wherever posssible with abutting communities in negotiations with the developer over compensation for said abutting communities;
(6) to adopt such rules, regulations, procedures and standards as may be necessary to carry out its functions and perform its duties under M.G.L. c. 21D and 990 CMR; and
(7) to appoint two residents of the host community who shall serve without compensation and who may participate in and vote with the Council upon matters concerning site selection in said community; provided, however, that in the event the developer names more than one site for the proposed project by submitting more than one Notice of Intent, said residents shall vote only on matters pertaining to that individual Notice of Intent that names a site in the community they represent And further provided that in the event the developer utilizes the site suggestion process pursuant to 990 CMR 7.00 and the Council establishes a final list of suggested sites, any residents appointed to the Council to represent a community which contains a site on said list shall vote only on matters pertaining to that site.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 8.00 - Local Assessment Committee › Section 8.07 - Compliance with the Open Meeting Law

Current through Register 1525, July 5, 2024
(1)
Applicability of the Open Meeting Law
. Meetings of a local assessment committee are subject to the Massachusetts Open Meeting Law, M.G.L. c. 39, §§ 23A-238.
(2)
Executive Sessions
. In addition to the purposes for which executive sessions may be held pursuant to M.G.L. c. 39, § 238, an executive session of a local assessment committee may also be held to discuss strategy with respect to the negotiation of a siting agreement or to consider the terms, conditions and provisions of said siting agreement if such discussion or consideration in an open meeting would have a detrimental effect upon the negotiating position of a local assessment committee in the establishment of the terms, conditions and provisions of said siting agreement.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 9.00 - Technical Assistance Grants › Section 9.01 - Availability

Current through Register 1525, July 5, 2024
(1)
General
. Technical Assistance Grants shall be available to any community which is a proposed host for a hazardous waste facility pursuant to the process established by M.G.L. c. 21D and 990 CMR, and to all Massachusetts communities directly bordering on such host communities.
(2)
Eligibility
. Technical Assistance Grants shallbe available only under the following circumstances:
(a) when a developer has submitted a Notice of Intent which names a specific site and is not willing to utilize the site suggestion process pursuant to 990 CMR 7.00, grants shall become available when the Council determines that the project is feasible and deserving of state assistance;
(b) when a developer seeks to utilize the site suggestion process, grants shall become available when the developer files a Project Notification Form pursuant to 990 CMR 10.00.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 9.00 - Technical Assistance Grants › Section 9.02 - Purpose

Current through Register 1525, July 5, 2024
The Council shall award Technical Assistance Grants for purposes which itdeems are intended and likely to facilitate and assist the community's participation in the siting process. The Council may establish a schedule of grant amounts.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 9.00 - Technical Assistance Grants › Section 9.03 - Authority to Apply

Current through Register 1525, July 5, 2024
The Council shall accept applications for Technical Assistance Grants from the following:
(1) in the case of a host community, the local assessment committee;
(2) in the case of an abutting community, the chief executive officer;
(3) in the case of a joint application by abutting communities, an agency or person authorized in writing by the chief executive officer of each abutting community to act on its behalf in applying for and administering the technical assistance grant funds; or
(4) in the case of a joint application by abutting communities and a host community, the host community, provided that the host community is authorized in writing by the chief executive officer of each abutting community to act on its behalf in applying for and administering the technical assistance grant funds.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 9.00 - Technical Assistance Grants › Section 9.04 - The Application

Current through Register 1525, July 5, 2024
(1)
Content
. Except as provided in 990 CMR 9.04(2), an application for a Technical Assistance Grant must be filed with the Council and shall include the following information:
(a) an opening statement describing the activities that will be engaged in pursuant to M. G.L. c. 21D;
(b) a work program describing the scope, sequence and timing ofmajor tasks to be undertaken;
(c) a proposed budget including estimates of staff costs, consultants, engineers, lawyers and other expenses. A narrative supporting the budget shall explain the basis for each estimate and why the product or service is needed;
(d) a copy of any written authorization to act as an applicant under 990 CMR 9.03(3) or (4).
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 9.00 - Technical Assistance Grants › Section 9.05 - Criteria

Current through Register 1525, July 5, 2024
(1) In determining whether a Technical Assistance Grant should be awarded the Council shall consider whether:
(a) the funds will be expended on products or services clearly related to the community's efforts to participate in the siting process;
(b) the fees for the products and services to be financed by the grant are reasonable;
(c) the application does not seek to unnecessarily duplicate analyses already conducted;
(d) the application evidences a planfor cooperative action between host communities and abutting c o mmunities;
(e) the application assists the community or communities most directly affected by the proposed facility;
(f) sufficient funds are available to the Council, given the needs of all communities participating in the siting process and given the estimated number of Notices of Intent to be submitted to the Council.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 9.00 - Technical Assistance Grants › Section 9.06 - Maximum Grant Award

Current through Register 1525, July 5, 2024
The Council may fund all or part of the assistance requested, up to a maximum of $15,000 per grant award. Recipient communities may petition the Council for additional grants.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 9.00 - Technical Assistance Grants › Section 9.07 - Council Action and Notification

Current through Register 1525, July 5, 2024
The Council shall act on a complete application from an eligible applicant within 30 days after it is received and shall send written notification of its decision on each grant application to the applicant and the developer.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 9.00 - Technical Assistance Grants › Section 9.09 - Request for Reconsideration of Denied Application

Current through Register 1525, July 5, 2024
At any time following receipt of notice of denial or partial denial of a Technical Assistance Grant, the local assessment committee of a host community or the chief executive officer of an abutting community may file a written request for reconsideration with the Council.
(1)
Content
. The request shall contain all the information the applicant desires the Council to consider in reviewing the reconsideration request.
(2)
Decision
. The Council shall render a decision within 45 days of receipt of a request for reconsideration, and shall send written notification thereof to the applicant and the developer.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 10.00 - Project Impact Analysis › Section 10.01 - Project Notification Form (PNF)

Current through Register 1525, July 5, 2024
(1)
Preparation
. The developer shall prepare a ProjectNotificationFormwhich shall be comprised of the following:
(a) an Environmental Notification Form (ENF), pursuant to 301 CMR 10.00, and
(b) a Socio-Economic Notification Form (SENF), pursuant to 990 CMR The SENF shall be on a form prescribed by the Counci
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 10.00 - Project Impact Analysis › Section 10.02 - Preliminary Project Impact Report (PPIR)

Current through Register 1525, July 5, 2024
(1)
Preparation
. The developer shall prepare a Preliminary Project Impact Report for each site under consideration, which shall be comprised of the following:
(a) a Draft Environmental Impact Report, pursuant to 301 CMR 10.00, and
(b) a Draft Socio-Economic Appendix, pursuant to 990 CMR 10.00.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 10.00 - Project Impact Analysis › Section 10.03 - Final Project Impact Report

Current through Register 1525, July 5, 2024
(1)
Preparation
. Upon the execution of a siting agreement pursuant to 990 CMR 11.00 or the establishment by arbitration of a siting agreement pursuant to 990 CMR 13.00, the developer shall prepare a Final Project Impact Report, which shall be comprised of the following:
(a) a Final Environmental Impact Report, pursuant to 301 CMR 10.00; and
(b) a Final SEA, pursuant to 990 CMR 10.00.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 11.00 - Negotiations Between A Developer And A Host Community › Section 11.01 - Initiation of Negotiations

Current through Register 1525, July 5, 2024
(1) Negotiations between a developer and a host community shall commence as follows:
(a) Where a developer has submitted a Notice of Intent which names a specific site and has indicated an unwillingness to utilize the site suggestion process, negotiations shall commence at any time following a determinationbythe Councilpursuantto 990 CMR 5.00 that the proposed project is feasible and deserving of state assistance;
(b) Where a developer has utilized the site suggestion process pursuant to 990 CMR 7.00, negotiations shall commence at any time following distribution by the Department of a Final Suggested Site List pursuant to 990 CMR 7.05, if said list contains only one site or if it contains s it e s in a s ingle host community;
(c) Where a developer has utilized the site suggestion process pursuant to 990 CMR 7.00 and the Department has distributed a Final Suggested Site List, containing sites in more than one community, negotiations shall commence at any time after the developer has filed a project notification form pursuant to 990 CMR 10.00 for a specific site on said list.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 11.00 - Negotiations Between A Developer And A Host Community › Section 11.02 - Mediation

Current through Register 1525, July 5, 2024
(1)
Voluntary Mediation
. Prior to the initiation of negotiations, if the developer and the host communityagree to utilize the services of a mediator the Council shall provide each party witha list of available mediators.
(2)
Requirement of mediation
. Forty-five days after a determination by the Council that the Draft SEA is adequate, the Council may require the parties to utilize a mediator selected by the Council if:
(a) the parties have either refused to utilize a mediator or have failed to agree upon one;
(b) the Council determines that negotiations are not progressing in a satisfactory manner; and
(c) the Council determines that the services of a mediator would be beneficial.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 11.00 - Negotiations Between A Developer And A Host Community › Section 11.03 - Negotiation Status Report

Current through Register 1525, July 5, 2024
If no siting agreement has been executed within 60 days of a determination by the Council that the Draft SEA is adequate, or withinany extensionthereofgranted by the Council pursuant to 990 CMR 11.04, the developer, the local assessment committee and the mediator, if any, shall within seven days of the expiration of said time period submit joint or separate reports to the Council and the Department indicating resolved and unresolved issues and whether, in their opinion, an impasse has been reached, or whether continued negotiations are worth pursuing and, if so, a target date by which negotiations can be reasonably expected to be completed. Inallcases the negotiations status report submitted by the local assessment committee must be approved by a majority of said committee.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 11.00 - Negotiations Between A Developer And A Host Community › Section 11.04 - Determination Whether an Impasse Exists

Current through Register 1525, July 5, 2024
(1) At any time subsequent to the submission of a negotiation status report pursuant to 990 CMR 11.03, the Department, the developer or the local assessment committee may notify the Council that an impasse in the negotiation of a siting agreement exists.
(2) In response to such notification and upon investigation the Council may
(a) determine that such an impasse exists, or
(b) may determine that an extension of negotiations for a period of 30 days appears warranted. The Council may extend the period for negotiations beyond this additional 30 day period only upon written request of both the developer and the local assessment committee. Such joint request shall state the basis for the parties' belief that a further extension would lead to the execution of a siting agreement.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 12.00 - Compensation To Abutting Communities › Section 12.01 - Timing

Current through Register 1525, July 5, 2024
Within 60 days of a determination by the Council and the Secretary that the PPIR is adequate, the chief executive officerofanyabuttingcommunitymaypetition the Council to establish the compensation to be paid by the developer to said abutting community for the demonstrably adverse impacts of the proposed project.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 12.00 - Compensation To Abutting Communities › Section 12.02 - Condition Precedent to Petitioning for Compensation

Current through Register 1525, July 5, 2024
As a condition precedent to the filing of a petition for compensation, the chief executive officer shall agree in writing on a form prescribed by the Council:
(1) that if a siting agreement is declared operative, his city or town shall accept the compensation to be established by the Council or by arbitration in full settlement of any claims for demonstrably adverse impacts imposed by the current proposed project; and
(2) that if a siting agreement is declared operative, the chief executive officer will sign an agreement with the developer accepting the compensation established by the Council or by arbitration, which agreement shall be a nonassignable contract binding on the abutting community and the developer, and enforceable as such in any court of competent jurisdiction.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 12.00 - Compensation To Abutting Communities › Section 12.03 - Schedule and Notice of Hearing

Current through Register 1525, July 5, 2024
Uponthe approvalofa siting agreement pursuant to 990 CMR 14.02, the Executive Secretary of the Councilshall set the date, time and place of an adjudicatory hearing to establishthe compensation to be given by the developer to the petitioning abutting community or communities. The hearing shall commence no later than 45 days after approval of the siting agreement, provided that the Executive Secretary has given at least 14 days prior notice of said hearing to the developer, the chief executive officer of the petitioning abutting community or communities and the local assessment committee of the host community, and has also caused notice of the hearing to be published in a newspaper serving the abutting community at least seven days prior to the hearing.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 12.00 - Compensation To Abutting Communities › Section 12.04 - Identification of Issues

Current through Register 1525, July 5, 2024
(1) At least once prior to the hearing the abutting community or communities and the developer shall meet to define the issues and explore areas of potential agreement.
(2) At least seven days prior to the hearing the abutting community or communities and the developer shall submit joint or separate reports to the Council and the Department indicating resolved and unresolved issues.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 12.00 - Compensation To Abutting Communities › Section 12.05 - Hearing and Tentative Determination

Current through Register 1525, July 5, 2024
The hearing shall be conducted by a presiding officer appointed by the Council to conduct such hearings. The hearing shall be open to the public and shall be conducted in accordance with the Standard Adjudicatory Rules of Practice and Procedure, Formal Rules, 801 CMR 1.01. The Council may consolidate hearings whenever more than one abutting community has petitioned the Council for compensation. The presiding officer shall within 14 days of the adjournment of the hearing render a tentative determination of the compensation to be given to the abutting community or communities by the developer. The tentative determination shall include a written statement of each finding of fact and conclusion necessary to support the tentative determination. The presiding officer shall submit the tentative determination to the Executive Secretary, who will send copies thereof to the chief executive officer of the abutting community or communities, the developer and the local assessment committee of the host community.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 12.00 - Compensation To Abutting Communities › Section 12.06 - Final Determination of Compensation

Current through Register 1525, July 5, 2024
Not more than 45 days following issuance of the tentative determination, the Council shall issue a final determination establishing the compensation to be given by the developer to the abutting community or communities. The Council may permit the developer and the abutting community or communities to make brief oral arguments at its meeting. The Council's determination shall be final unless the developer or the abutting community or communities files a request for arbitration, indicating dissatisfaction with the Council's decision. If either party files said request within 15 days of the Council's determination, the Council shall refer the matter of compensation to arbitration as provided by 990 CMR 13.00. The Council shall also forward to the arbitrator or arbitrators a statement of its recommended compensation.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 13.00 - Arbitration › Section 13.01 - Timing

Current through Register 1525, July 5, 2024
(1)
Initiation of Arbitration
. Arbitration proceedings shall be initiated:
(a) in the case of a host community, when the Council has declared that an impasse exists in negotiations between the developer and the local assessment committee; or
(b) in the case of an abutting community, when either the developer or an abutting community files a request for arbitration indicating dissatisfaction with the Council's determination of the compensation to be paid by the developer to the abutting community.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 13.00 - Arbitration › Section 13.02 - Selection of Arbitrators

Current through Register 1525, July 5, 2024
(1)
Host Community
. In the case where the Council has declared that an impasse exists in negotiations between the developer and the local assessment committee of a host community, arbitration shall be by single impartial arbitrator, jointly selected by the developer and the local assessment committee, if they so choose, or by majority vote of an arbitrationpanel comprised of three arbitrators, one selected by the developer, one selected by the local assessment committee and a third, impartial arbitrator, who shall act as chairman of the panel, jointly selected by the developer and the local assessment committee.
(2)
Abutting Community
. In the case where either the developer or an abutting community files a request for arbitration indicating dissatisfactionwiththe Council's determination as to the compensation to be paid by the developer to the abutting community, arbitration shall be by a single impartial arbitrator, jointly selected by the developer and the chief executive officer of the abutting community, if they so choose, or by majority vote of an arbitration panel comprised of three arbitrators, one selected by the developer, one selected by the chief executive officer of the abutting community and a third, impartial arbitrator, who shall act as chairman of the panel, jointly selected by the developer and the chief executive officer of the abutting community.
(3)
Procedure
. In either case, the Council shall provide both parties with a list of available arbitrators. If the parties do not agree on the arbitrator to be jointly selected, selection of that arbitrator shall be as follows:
(a) Each party shall eliminate any arbitrator from the list it finds clearly unacceptable, and rank the remainingarbitrators according to preference. The ranking given each arbitrator shallbe compared and the arbitrator with the highest ranking by both parties shall serve as the jointly selected arbitrator.
(b) Ifan arbitration panelor single impartial arbitrator has not been selected within 30 days after arbitration proceedings have been initiated pursuant to 990 CMR 13.01(1), the Chairman shall appoint the single arbitrator or the arbitrators necessary to complete the three-person panel.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 13.00 - Arbitration › Section 13.03 - Compensation for the Arbitrator

Current through Register 1525, July 5, 2024
The Council shall compensate an arbitrator for each day or part thereof of his services, as the Council shall determine. The Council shall also reimburse an arbitrator for all reasonable expenses actually and necessarily incurred in the performance of his official duties.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 13.00 - Arbitration › Section 13.04 - Conduct of Hearings

Current through Register 1525, July 5, 2024
(1)
Schedule
. Upon selection, the arbitrator(s) shallschedule a prehearing conference and a formal hearing. The arbitrator(s) shall hold a prehearing conference with the parties or their counsel for clarification of the issues and stipulation of uncontested facts, so as to expedite the arbitration proceedings. The formal hearing and any subsequent hearings may be held when and as often as the arbitrator(s) deem(s) necessary, within the 45 day time period for arbitration.
(2)
Ex Part e
Communications
. No party or other person directly or indirectly involved in arbitration shall submit to the arbitrator(s) any evidence, argument, analyses or advice, whether written or oral, regarding any matter at issue in the arbitration unless such submission is part of the record or made in the presence of all parties. 990 CMR 13.04 does not apply to consultation among arbitrators.
(3)
Right to Attend
. Members of the local assessment committee, the developer or his representatives, witnesses, legal counsel and technical experts for either party are entitled to attend hearings. The arbitrator or the chairman of the arbitration panel shall otherwise have the authority to determine the propriety of the attendance of any other person, and shall further have the authority to exclude any person whom he determines is disrupting the orderly process of the hearing.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 13.00 - Arbitration › Section 13.05 - Standards for Arbitration

Current through Register 1525, July 5, 2024
The arbitrator(s) shall determine the terms, conditions and provisions of a siting agreement or the amount of compensation to be awarded to abutting communities. In reaching such determination the arbitrator(s) shall consider:
(1) the factual stipulations of the parties;
(2) any interests of the community, including:
(a) all potential adverse impacts to the health, safety, and social and economic security of the co mmunity;
(b) all potential adverse impacts to the environment and natural resources of the community;
(c) fiscal impacts, such as the effects of added service costs, financing costs for any needed capital improvements and demonstrable secondary costs;
(d) the impact on property values;
(e) the benefits to the community of the proposed project and of any compensation offered by the developer or requested by the community;
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 13.00 - Arbitration › Section 13.06 - Outcome of Arbitration

Current through Register 1525, July 5, 2024
After the last arbitration hearing and pursuant to the standards set forth in 990 CMR 13.05, the single arbitrator or the chairman of the arbitration panel shall prepare a draft siting agreement or a draft determination of the compensation to be paid anabuttingcommunityby the developer. The draft shall be reviewed bythe two other arbitrators inthe case of a three person panel or by a single designee of each party in the case of a single arbitrator. After consideration of the comments made by the reviewing parties, the single arbitrator or the chairman of the arbitration panel shall prepare a final draft of the siting agreement or of the compensation to be paid and submit it to the Council.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 14.00 - The Siting Agreement › Section 14.01 - Elements of the Siting Agreement

Current through Register 1525, July 5, 2024
(1) The siting agreement shall be a non-assignable contract binding upon the developer and the host co mmunity, and shall be enforceable against the parties in a co urt o f c o mp e t e nt jurisdiction. The agreement, whether executed by the host communityand the developer pursuant to 990 CMR 11.00 or established by arbitration pursuant to 990 CMR 13.00, must address or include, but shall not ne c e s s a r ily b e limit e d t o , t he fo llo wing:
(a) facility construction and maintenance procedures;
(b) operating procedures and practices, the design of the facility and its associated activities;
(c) monitoring procedures, practices and standards necessary to a ssure and continue to demonstrate that the facility will be operated safely;
(d) the services to be provided the developer by the host community;
(e) the compensation, services and special benefits that will be provided to the host community by the developer, and the timing and conditions of their provision;
(f) the services and benefits to be provided to the host community by agencies of state government, and the timing and conditions of their provision;
(g) any provision(s) for tax pre-payments or accelerated payments, or for payments in lieu of taxes;
(h) provision(s) for renegotiation of any of the terms, conditions or provisions of the siting agreement, and methods for amending or extending the agreement;
(i) provision(s) for resolving any disagreements in the construction and interpretation of the siting agreement that may arise between the parties;
(j) a statement that in the event any section, clause, sub-clause or other part of the siting agreement is found ordetermined to be in conflict with any federal, state or local statute, regulation, bylaw, permit or license, such section, clause, sub-clause or other conflicting part of the siting agreement shall be void and of no force or effect without affecting the rest of the siting agreement.
This provision shall not be construed to limit the ability of the parties to agree upon terms which are more stringent than any federal, state or local statute, regulation, bylaw, permit or license;
(k) provision(s) for the conditions under which the developer may expand or modify the facility, its operations or the types of wastes handled;
(l) appendices pertaining to any compensation to be paid abutting communities as determined pursuant to 990 CMR 12.00, provided however, that such appendices shall, unless otherwise agreed upon, be attached for informational purposes only.