Code of Massachusetts Regulations
345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD
Title 345 CMR 1.00 - Low-level Radioactive Waste Management Plan
Section 1.87 - Selection of Superior Site

Universal Citation: 345 MA Code of Regs 345.1

Current through Register 1531, September 27, 2024

(1) Upon voting to accept or modify a Detailed Site Characterization Report, the Board may select any Superior Site by a _ vote of its members. Upon such vote, the Commissioner of the Division of Capital Planning and Operations shall, on behalf of the Board, take appropriate action to acquire, by purchase or taking, pursuant to M.G.L. c. 79, a fee simple interest in the Superior Site, together with such other land, easements, rights-of-way or other property interests necessary to construct and operate a facility thereon and to conduct an environmental monitoring program pursuant to M.G.L. c. 111H, § 36 or, in the case of real property of the Commonwealth, to transfer the control and use of such property to the Board. Such acquisition or transfer shall be subject to the requirements of M.G.L. c. 7, §§ 40E through 40M; provided, however, that the Superior Site shall be deemed to possess unique qualities for the purposes of M.G.L. c. 7, § 40H. Upon the acquisition of such interest, each site community, during the period prior to the issuance of a facility license, shall be entitled to receive an amount in lieu of local property taxes in accordance with M.G.L. c. 50, § 17. No facility developed at a Superior Site selected pursuant to 345 CMR 1.87 shall be subject to site assignment pursuant to M.G.L. c. 111, § 150B.

(2) Upon the selection of a Superior Site, additional members shall be appointed to the Board as follows:

(a) The Chief Executive Officer of each site community in which is located a facility that is in development, operation, closure, post-closure observation and maintenance or institutional control pursuant to M.G.L. c. 111H, shall appoint a community resident to serve as a member of the Board.

(b) If there is only one site community in the Commonwealth, the Chief Executive Officer of the neighboring community having the greatest population residing within three miles of the Superior Site, shall also appoint a community resident to serve as a member of the Board, but, if no community is eligible for such appointment, the Chief Executive Officer of the site community shall appoint a second site community resident to serve as a member of the Board.

(3) Within 60 days of the selection of any Superior Site or, if a petition for an adjudicatory proceeding has been filed pursuant to M.G.L. c. 111H, § 24, within 30 days of a final decision of the Commissioner of DEP approving the site selection, the Board shall establish a field office within a site community outside the boundaries of the Superior Site.

(4) Any person aggrieved by an action taken pursuant to M.G.L. c. 111H, § 19, 20 or 23 may petition the Commissioner of DEP, in accordance with M.G.L. c. 111H, § 24, for an adjudicatory proceeding.

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