Code of Massachusetts Regulations
345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD
Title 345 CMR 3.00 - The Selection Of Operators
Section 3.14 - Management Criteria for Operator Certification
Universal Citation: 345 MA Code of Regs 345.3
Current through Register 1531, September 27, 2024
(1) In order for the applicant to be eligible for certification, pursuant to M.G.L. c. 111H, § 22, it must be demonstrated to the Board's satisfaction that:
(a) the applicant, affiliated entities, principals, and key personnel do not have a pattern of major violations of the public health, safety or environmental requirements of federal, state or local law; and
(b) the applicant, affiliated entities, principals, and key personnel do not have a record of continuing violations of the public health, safety or environmental requirements of federal, state or local law; and
(c) the applicant, affiliated entities, principals, and key personnel have complied or are complying with all orders, consent decrees or similar administrative judgments of any federal, state or local agency; and
(d) the applicant, affiliated entities, principals, and key personnel have made or are making full payment of any civil or criminal penalties imposed as part of a final judgment under federal, state or local law; and
(e) the applicant, affiliated entities, principals, and key personnel have not been convicted of a criminal violation of federal, state or local public health, safety or environmental law, within ten years prior to the date of the application; and
(f) a review of the past practices of the applicant, affiliated entities, principals, and key personnel indicates that it can be reasonably expected that, in constructing, maintaining and operating the proposed facility, the applicant will maintain a satisfactory record of compliance with applicable statutes, regulations, permits, licenses, the development contract and the comprehensive operating contract; and
(g) the applicant has demonstrated the appropriate professional training, qualifications and relevant experience of any person identified as the full-time project or program manager, and the ability of that person to control performance of all responsible components of the proposed organization; and
(h) the applicant has demonstrated creativity and competence in organizing and scheduling the required work, including ample public participation, for timely completion; and
(i) the applicant, affiliated entities, principals, and key personnel have demonstrated a successful record of relevant, recent experience similar to that required for the development, operation and closure of the proposed facility; and
(j) the applicant has demonstrated the ability to commit the required resources immediately upon execution of the development contract; and
(k) the applicant, affiliated entities, principals, and key personnel have not previously provided services to the Board in connection with the selection of a superior site for the proposed facility; and
(l) the applicant and key personnel have demonstrated understanding of the needs of public participation complying with M.G.L. c. 111H as demonstrated in their technical and management approach.
(2) When evaluating whether an applicant satisfies the management criteria of 345 CMR 3.14, the Board shall consider:
(a) for the applicant, affiliated entities, principals, or key personnel, a history of their compliance with federal, state and local requirements, including the circumstances giving rise to any violation, all fines or penalties imposed, including those imposed by consent, order, judgment or decree, and the corrective actions taken to remedy or abate the violation; and
(b) to the extent practicable, any pending investigations, hearings, litigation, arbitration or adjudicatory proceedings involving the applicant, affiliated entities, principals, or key personnel and concerning compliance with public health, safety or environmental requirements of federal, state or local law; and
(c) any accidents which have occurred on any property owned or operated by the applicant or affiliated entities or which has involved the applicant, affiliated entities or any of their employees; and
(d) the applicant's and affiliated entities' record, if any, of compliance with safety laws and regulations pertaining to any fleet of vehicles owned by the applicant or affiliated entity, and any personal injury, property damage or environmental impact alleged to have resulted from the applicant's or affiliated entity's violation of such laws or regulations; and
(e) the existence and extent of a formal policy, adopted by the applicant prohibiting employment discrimination against an employee for reporting or cooperating in the investigation of suspected regulatory violations of the applicant; and
(f) the success of any project, involving relevant, recent experience similar to that required for the development, operation, closure and post-closure observation and maintenance of the proposed facility, including:
1. general information about the project, including its location capacity, and actual performance, the type of storage, treatment or disposal method used; the applicant's role in the project (i.e., design, construction, operation); project initiation and completion dates; current project status and, if closed, the reason for closure; the applicant's client; and the business address and phone of the current project manager; and
2. the complexity and scope of the project, such as, but not limited to, the project's budget, duration, staffing and regulatory complexity; and
3. whether the applicant met the objectives of the project in a timely manner, without exceeding anticipated costs and in compliance with applicable legal requirements; and
4. whether the applicant has implemented a quality assurance program for the project and the rigor and results of such a program, if any; and
5. whether the client was satisfied with the applicant's performance; and
6. whether the applicant has ever initiated or defended litigation or administrative proceedings arising from the project, as well as the nature and outcome of such litigation or administrative proceedings; and
7. the results of a physical inspection of the project by the Board or its agent; and
(g) whether the applicant or affiliated entities have ever forfeited a performance bond or was ever determined by a final judgment in a court proceeding to have breached major contract responsibilities; and
(h) any additional information provided by the applicant or otherwise available to the Board.
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