(1) The
Department may designate certain projects as "Special Projects" through its
approval of a Special Project Designation Permit. For disposal site(s)
designated as Special Projects, Special Project Designation shall have the
effect of:
(a) extending the deadline for
submitting a Tier Classification Submittal as required by
310
CMR 40.0500; or
(b) extending specific deadline(s) for
completing Comprehensive Response Actions (Phases II, III, IV or V) as required
by 310 CMR
40.0560(2); and
(c) establishing an annual compliance
assurance fee schedule for the Special Project as described in
310 CMR
4.00: Timely Action Schedule and Fee
Provisions.
(2)
Eligible Applicants. The following entities may apply
to the Department for Special Project Designation:
(a) Any public body politic, including but
not limited to any federal, state or municipal governmental entity;
or
(b) Any person who:
1. is an Eligible Person or Eligible Tenant
as defined in M.G.L. c. 21E and
310
CMR 40.0006 with respect to the proposed
Special Project Designation area; and
2. provides a letter of community support as
described in 310 CMR 40.0061(3)(e) from the Chief Municipal Officer(s) of the
community(ies) in which the proposed Special Project Designation area is
located.
(3)
Eligible Projects. Projects eligible for Special
Project Designation Permits may include but are not limited to infrastructure
improvement projects (e.g., construction or expansion of rail
lines or roadways), redevelopment of one or more properties, or the performance
of coordinated response actions addressing multiple disposal sites or a single
site with multiple owners. Eligible projects shall meet each of the following
criteria:
(a) one or more disposal sites are,
or are likely to be, located within the boundaries of the project;
(b) proposed response actions will be managed
in a coordinated fashion;
(c) the
applicant has secured adequate financing for the project and
(d) compliance with the response action
deadline(s) for which an extension is sought under the Special Project
Designation as described in 310 CMR 40.0061(1)(a) or (b) would unreasonably
decrease the cost-effectiveness or feasibility of project
implementation;
(e) for Special
Project Designation Permit Applications to extend a specific deadline(s) for
Comprehensive Response Actions as described in 310 CMR 40.0061(1)(b), submittal
of a Tier Classification for the disposal site(s) included in the Special
Project Designation prior to or concurrent with the submittal of the Special
Project Designation Permit Application; and
(f) when the applicant is an Eligible Person
or Eligible Tenant as described in 310 CMR 40.0061(2)(b), compliance with the
following additional criteria for determining the eligibility of the project:
1. demonstration of community support for the
project by providing a letter of community support in the Special Project
Designation Permit Application from each municipality(ies) in which the
property(ies) in the proposed Special Project Designation is located that
describes the public benefit(s) of the project including economic development,
infrastructure improvement, public housing, recreation or access;
2. except as provided in 310 CMR
40.0061(3)(f)3., each municipality may submit support for no more than two
Special Project Designation Permit applications per annum for applications made
by an Eligible Person or Eligible Tenant as described in 310 CMR 40.0061(2)(b),
except where the population of the municipality exceeds 50,000, in which case
the municipality may submit support for two Special Project Designation Permit
Applications plus one additional Special Project Designation Permit Application
per 50,000 residents provided the total number per annum does not exceed
six;
3. notwithstanding 310 CMR
40.0061(3)(f)2., when the annual municipal limit has been reached, the
Department may consider a Special Project Permit Application made by an
Eligible Person or Eligible Tenant as an eligible project upon receiving a
written request from the Chief Municipal Officer(s) of each municipality(ies)
in which the property(ies) included in the proposed Special Project Designation
is located;
(4)
No annual limit shall apply to the number of Special Project Designation Permit
Applications that may be made by a body politic as described in 310 CMR
40.0061(2)(a). Special Project Designation Permit Applications made by a body
politic in a particular municipality shall not affect the limit on the number
of Special Project Permit Applications that may be made by Eligible Person or
Eligible Tenant applicants for projects in that municipality.
