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 43.31 - Protected Lands, species and Resources
Universal Citation: 310 MA Code of Regs 310.43
Current through Register 1531, September 27, 2024
(1) Exclusion Criteria.
(a)
Areas of Critical
Environmental Concern. Exclude sites located in any area of
critical environmental concern designated pursuant to M.G.L. c. 21A,§
2(7), st. 1974,c. 808,§ 401(e) and
301 CMR
11.15.
(b)
Scenic Rivers and
Streams. Exclude sites located in scenic and recreational rivers
and streams of the commonwealth" designated pursuant to
302 CMR 3.00;
(c)
Federally Protected
Resources. Exclude sites that are reasonably likely to adversely
affect any national park, monument, lake shore, habitat of endangered species,
or area protected by the Wilderness Act,
16 USC §§
1131 through
1136,
the Wild and Scenic Rivers Act, 16 USC §§ 1771 through 1287, and the
Fish and Wildlife Coordination Act, USC §§ 661 through 666c; or the
National Historic Preservation Act,
16 USC §§
470 through
470m.
(2) Conditional Consideration Criteria.
(a)
Consider sites located on any lands or resources which have been taken by the
General Court pursuant to its authority set forth in Article 97 of the
Constitution of Massachusetts, as amended prior to the date on which the Board
affirmatively votes to initiate site selection pursuant to M.G. L. c.
111H,§ 17, on the condition that, prior to the construction of the
facility, a law is enacted by a b vote, taken by yeas and nays, of each branch
of the General Court, allowing such land or resource to be used for such
purpose.
(b) Consider sites located
on protected areas provided that the area is not excluded under 310 CMR
43.31(1) and further provided that prior to the construction of the facility:
1. the laws or regulations establishing or
controlling activities in protected areas do not expressly or by necessary
implication preclude the siting of a low-level radioactive management facility;
and
2. all applicable conditions
contained in said laws or regulations that would continue to be applicable to
the site if it were acquired pursuant to M.G.L. c. 111H,§ 23(g) are
satisfied; and
3. all applicable
permits, licenses, approvals, notifications or waivers required for a facility
on state-owned land are obtained.
(c) Consider sites located in proximity to
protected areas on the condition that locating a facility in proximity to the
protected area is not reasonably likely to adversely affect the protected
area.
(3) Preference Criteria.
Adverse Impacts. Prefer sites which are less likely to have an adverse effect on a protected area over sites which are more likely to have an adverse effect.
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