Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.03 - Electromagnetic Interference

Current through Register 1525, July 5, 2024
(1)
Overview
. The purpose of 974 CMR 4.03 is to preclude
			 or significantly mitigate conditions (emanating either from direct
			 electromagnetic radiation at any point in the frequency spectrum, or indirectly
			 from electric power distribution lines), that could cause interference to any
			 Internal, External or Special External Receptor. More detailed definitions of
			 interference sources and potential receptors follow in 974 CMR 4.03(2)
While it is the intent of 974 CMR 4.03 to provide a local
				complaint mechanism for receptors that might be experiencing interference, it
				is recognized that with EMI, it is uniquely difficult from a technical
				perspective to attribute such interference to a particular point source. For
				this reason, the complaint mechanism is supplemented and enhanced by a process
				which attempts to minimize or preclude potential EMI issues by requiring an
				applicant for site plan approval of a facility that may cause potential EMI
				interference to a Special Receptor to demonstrate the unlikelihood of such
				interference or that proper mitigation measures will be taken as a condition of
				permit issuance.
(2)
Complaint and Enforcement Process
. Upon receipt of an
			 interference complaint from a receptor, the Building Inspector or other duly
			 authorized Devens Enterprise Commission (DEC) official shall respond to said
			 complaint and attempt, by means of circumstantial and field investigative
			 evidence, to attribute the EMI to a point source. Where such attempts fail to
			 reliably identify a point source
and
where the pattern
			 of interference is judged by the inspector to be of a repeated and pronounced
			 nature, then the inspection official may, at his or her discretion and with the
			 concurrence of the Land Use Administrator, acquire necessary technical
			 expertise to increase the likelihood of reliably attributing the EMI to a
			 particular user. Should the user be identified beyond reasonable doubt as the
			 source of interference, then the user may be required to reimburse the DEC for
			 the cost of using the services of this technical consulting expertise.
Once there is reasonable certainty of the interference source,
				the violator shall be subject to provide reasonable mitigation measures that
				essentially resolve the difficulty.
Potential violators will be given 30 days in which to respond
				to a complaint or otherwise provide reasonable confirmation to the Building
				Inspector or other duly authorized DEC official, that the problem did not exist
				or has been eliminated. If probable cause is determined, a second 30 day time
				period will be granted in which to correct the interference or to demonstrate
				that good faith efforts have been initiated. If such efforts are not initiated,
				the violator may be subject to remedies in the Devens Zoning By-laws, including
				levying of fines, requirements to post performance guarantees, permit
				reconsideration by the DEC or legal action. Emergency nuisance conditions may,
				at the discretion of the DEC inspection official, require more expeditious
				remediation.
(3)
EMI Standards.
(a)
Internal Impacts
. No party owning, leasing,
			 controlling or otherwise occupying a facility within the DEZ shall be allowed
			 to cause pronounced, multiple patterns of nuisance to or interference with any
			 Internal Receptor, either as a result of direct radiation or by means of the
			 power distribution system. Direct, or electromagnetic radiation (EMI), shall be
			 defined as interference from any licensed or unlicensed sources involving
			 communications, broadcasting, radar, electric processing or business equipment
			 emanating from within the DEZ. An Internal Receptor in 974 CMR 4.03(3)(a) shall
			 be defined as any electric or electronic receiving, entertainment or
			 convenience device within the DEZ, which can be significantly impacted by
			 DEZ-based disturbances.
As a supplement and enhancement to the preceding complaint
				process, the EMI performance standards generally require that the inspection
				official attempt to preclude or minimize potential interference to the maximum
				possible degree to Internal Receptors at the beginning of the process, or the
				building permit application stage. Accordingly, the following procedure is
				described. Prior to the issuance of a building or occupancy permit, the
				applicant proposing the construction or use of a potentially interfering
				facility, as generally defined in the preceding paragraph, shall be required to
				demonstrate the unlikelihood of interference, or that proper mitigation
				measures will be taken as a condition of permit issuance.
(b)
External
			 Impacts
. No party owning, leasing, controlling or otherwise
			 occupying a facility within the DEZ shall be allowed to cause pronounced,
			 multiple patterns of nuisance to or interference with any External Receptor or
			 Special External Receptor, either as a result of direct radiation or by means
			 of the power distribution system. Direct, or electromagnetic radiation (EMI),
			 shall be defined as interference from any licensed or unlicensed sources
			 involving communications, broadcasting, radar, electric processing or business
			 equipment emanating from within the DEZ outside of the perimeter boundaries of
			 DEZ. An External Receptor or Special External Receptor in 974 CMR 4.03(3)(b)
			 shall be defined as any electric or electronic receiving, entertainment or
			 convenience device located outside the perimeter boundary of the DEZ, which can
			 be significantly impacted by DEZ-based disturbances.
Special consideration shall be given to interference to the
				radio telescope operated by Harvard University and the Smithsonian Institution
				and located on Oak Hill on Pinnacle Road in the Town of Harvard. Interference
				with the 1400-1720 MHZ band utilized by the radio telescope shall be strictly
				prohibited. Strong radiation at any points outside of this frequency range that
				could cause significant disturbance in the radio telescope on more than one
				occasion and may require appropriate mitigation measures in the form of
				filtration devices or avoidance of directly interfering radiation
				patterns.
As a supplement and enhancement to the preceding complaint
				process, the EMI performance standards generally require that the inspection
				official attempt to preclude or minimize potential interference to the maximum
				possible degree to Special External Receptors at the beginning of the process,
				or the site plan approval stage. Accordingly, the following procedure is
				described. Prior to the issuance of a site plan approval, the applicant
				proposing the construction or use of a potentially interfering facility causing
				potential EMI interference to any Special External Receptor, shall be required
				to demonstrate the unlikelihood of interference, or that proper mitigation
				measures will be taken.
(c)
License Requirements
. All facilities within the DEZ
			 requiring applicable federal licensing shall be further obligated to pursue
			 compliance with the Regulations and Procedures of the National
			 Telecommunications and Information Agency (NTIA) and the licensing requirements
			 of the Federal Communications Commission (FCC).