Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations
Section 4.03 - Electromagnetic Interference
Current through Register 1531, September 27, 2024
(1) Overview. The purpose of 974 CMR 4.03 is to preclude or significantly mitigate conditions (emanating either from direct electromagnetic radiation at any point in the frequency spectrum, or indirectly from electric power distribution lines), that could cause interference to any Internal, External or Special External Receptor. More detailed definitions of interference sources and potential receptors follow in 974 CMR 4.03(2)
While it is the intent of 974 CMR 4.03 to provide a local complaint mechanism for receptors that might be experiencing interference, it is recognized that with EMI, it is uniquely difficult from a technical perspective to attribute such interference to a particular point source. For this reason, the complaint mechanism is supplemented and enhanced by a process which attempts to minimize or preclude potential EMI issues by requiring an applicant for site plan approval of a facility that may cause potential EMI interference to a Special Receptor to demonstrate the unlikelihood of such interference or that proper mitigation measures will be taken as a condition of permit issuance.
(2) Complaint and Enforcement Process. Upon receipt of an interference complaint from a receptor, the Building Inspector or other duly authorized Devens Enterprise Commission (DEC) official shall respond to said complaint and attempt, by means of circumstantial and field investigative evidence, to attribute the EMI to a point source. Where such attempts fail to reliably identify a point source and where the pattern of interference is judged by the inspector to be of a repeated and pronounced nature, then the inspection official may, at his or her discretion and with the concurrence of the Land Use Administrator, acquire necessary technical expertise to increase the likelihood of reliably attributing the EMI to a particular user. Should the user be identified beyond reasonable doubt as the source of interference, then the user may be required to reimburse the DEC for the cost of using the services of this technical consulting expertise.
Once there is reasonable certainty of the interference source, the violator shall be subject to provide reasonable mitigation measures that essentially resolve the difficulty.
Potential violators will be given 30 days in which to respond to a complaint or otherwise provide reasonable confirmation to the Building Inspector or other duly authorized DEC official, that the problem did not exist or has been eliminated. If probable cause is determined, a second 30 day time period will be granted in which to correct the interference or to demonstrate that good faith efforts have been initiated. If such efforts are not initiated, the violator may be subject to remedies in the Devens Zoning By-laws, including levying of fines, requirements to post performance guarantees, permit reconsideration by the DEC or legal action. Emergency nuisance conditions may, at the discretion of the DEC inspection official, require more expeditious remediation.
(3) EMI Standards.
As a supplement and enhancement to the preceding complaint process, the EMI performance standards generally require that the inspection official attempt to preclude or minimize potential interference to the maximum possible degree to Internal Receptors at the beginning of the process, or the building permit application stage. Accordingly, the following procedure is described. Prior to the issuance of a building or occupancy permit, the applicant proposing the construction or use of a potentially interfering facility, as generally defined in the preceding paragraph, shall be required to demonstrate the unlikelihood of interference, or that proper mitigation measures will be taken as a condition of permit issuance.
Special consideration shall be given to interference to the radio telescope operated by Harvard University and the Smithsonian Institution and located on Oak Hill on Pinnacle Road in the Town of Harvard. Interference with the 1400-1720 MHZ band utilized by the radio telescope shall be strictly prohibited. Strong radiation at any points outside of this frequency range that could cause significant disturbance in the radio telescope on more than one occasion and may require appropriate mitigation measures in the form of filtration devices or avoidance of directly interfering radiation patterns.
As a supplement and enhancement to the preceding complaint process, the EMI performance standards generally require that the inspection official attempt to preclude or minimize potential interference to the maximum possible degree to Special External Receptors at the beginning of the process, or the site plan approval stage. Accordingly, the following procedure is described. Prior to the issuance of a site plan approval, the applicant proposing the construction or use of a potentially interfering facility causing potential EMI interference to any Special External Receptor, shall be required to demonstrate the unlikelihood of interference, or that proper mitigation measures will be taken.
