Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities
Section 43.29 - General Land Use
Universal Citation: 310 MA Code of Regs 310.43
Current through Register 1537, December 20, 2024
(1) Exclusion Criteria.
(a)
Incompatible Nearby
Activities. Exclude sites where the probable location of the waste
management area in relation to nearby activities is reasonably likely to
adversely affect the ability of the site to meet DPH performance
objectives.
(b)
Interference with Monitoring. Exclude sites where the
probable location of the waste management area in relation to nearby past or
present activities is reasonably likely to significantly impair the
environmental monitoring program including, without limitation, existing or
past activities or natural sources that emit radioactivity or release non-
radioactive material into the environment to the extent that it is reasonably
likely to adversely affect the ability of the environmental monitoring program
to detect or monitor the existence or magnitude of emissions or releases from
the facility or the site.
(c)
Agricultural Land. Exclude sites located on prime
agricultural land based on soil classification established by the U.S. Soil
Conservation Services or on land designated as an agricultural incentive area
pursuant to M.G.L. c. 40L,§ 1 et seq. on or before
December 31,1992.
(d)
Acquisition Potential. Exclude sites to which the
Commonwealth cannot obtain title.
(2) Conditional Consideration Criteria.
Resource Exploitation. Consider sites which contain economically recoverable resources on the condition that the exploitation is reasonably likely not to adversely affect the ability of the site to meet DPH performance standards or significantly impair the environmental monitoring program.
(3) Preference Criteria.
(a)
Incompatible Development. Prefer sites located farther
away from areas where incompatible development is imminent, over sites in close
proximity to areas subject to imminent development.
(b)
Upstream Land
Alterations. Prefer sites located in areas having less upstream
land available for future development, over areas having more land upstream of
the site which is suitable for development.
(c)
Subsurface
Exploitation. Prefer sites that contain areas which have undergone
lesser subsurface resource exploitation, over sites which contain areas
subjected to greater subsurface resource exploitation.
(d)
Resource
Exploitation. Prefer sites with less economically recoverable
resource potential, over sites with greater resource exploitation
potential.
(e)
Local
Planning and Zoning. Prefer sites at which a facility would be
more compatible with existing local zoning restrictions or local or regional
plans, over sites at which a facility would be less compatible with such
restrictions or plans.
(f)
State Land. Prefer land owned by the Commonwealth that
has not been excluded from consideration by other criteria, over land owned by
other public or private parties.
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