Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 4.00 - Notice Of Intent
Section 4.02 - Contents

Universal Citation: 990 MA Code of Regs 990.4

Current through Register 1531, September 27, 2024

The Notice of Intent shall be submitted on a form approved by the Council and the Department, a nd s ha ll include:

(1) a description of the type of hazardous wastes the developer proposes to accept for storage, treatment, recycling or disposal at the facility;

(2) a description of the technology and procedures the developer proposes to use to store, treat, recycle or dispose of hazardous waste at the facility;

(3) a description of the developer's prior experience in the construction, operation and maintenance of hazardous waste facilities, in Massachusetts and elsewhere. This description shall include a record of complianc e with federal, state and local statutes, by-laws and regulations applicable to the construction and operation of such facilities, and with respect to the developer or any person owning a significant financial interest in the proposed project shall list:

(a) anypending investigations, hearings, litigation, arbitration or adjudicatory proceedings involving the developer or said person concerning compliance with federal, state and local statutes, regulations and by-laws applicable to the management of hazardous waste and the protection of public health and safety and the environment; and

(b) any civil, criminal or administrative judgments rendered against the developer or said person concerning compliance with federal, state and local statutes, regulations and bylaws applicable to the management of ha zardous waste and the protection of public health and safety and the environment; and

(c) any accidents which have occurred at any facility owned or operated by the developer or said person;

(4) financialdata, including an estimate of the total cost of the proposed project and the cost of each of the major components of the project, and audited financial statements or SEC 10-K forms for each of the past three years, and either:

(a) a plan of financing for the proposed project, including the amount to be raised through debt and the potential source(s) thereof, the amount to be raised through equity and the potential source(s) thereof, and material which demonstrates the feasibility of the financing plan; or

(b) a letter from a duly authorized agent of a national bank or other reputable independent financial institution indicating that it has reviewed the financial statements and projections of the proposed project, and that said statements and projections satisfy the existing lending standards

If the developer is a subsidiary corporation which wishes to have the financial resources of one or more parent corporations considered, then the developer shall submit, in addition to the above, a description of the relationship between the subsidiary and the parent corporations), and a letter from such parent corporations) confirming that its financial resources are available to finance the proposed project;

(5) if the developer has named a site for the proposed project, a description of said site, including the name and address of the owner thereof and all of the information necessary for the Council to determine whether said site satisfies the criteria set forth in 990 CMR 5.04;

(6) a description of the present suitability of the site for the proposed project and of the additional measures, if any that willbe required to make the site suitable; or, inthe event that the developer is not naming a site, the requirements and characteristics of a site that would be appropriate for said proposed project;

(7) preliminary specifications and architectural drawings for the proposed project;

(8) a copy of the most recent statewide environmental impact report issued by the Department pursuanttoM.G.L.c.21D,§3(1);

(9) such further information as is requested on the Notice of Intent form approved by the Council and the Department, as well as any additional information which either the Council or the Department, after reviewing the Notice of Intent, determines is necessary to render said Notice of Intent complete pursuant to 990 CMR 4.06;

(10) such documents as are prepared or approved by the Department which describe and explain the hazardous waste facility siting process, which describe and explain the types of planning and other technical assistance available to the host community and to abutting communities, and which describe and explain the types of special benefits that may be included in a negotiated facility siting agreement between a host community and a developer;

(11) a notice ofthe right to submit comments to the Council pursuant to 990 CMR 4.05 and 7.04(1);

(12) a list ofthe names and addresses of all persons to whom the Notice of Intent was submitted pursuant to the requirements of 990 CMR 4.04; and

(13) the following certification:

"I certify under the pains and penalties of perjury that I have personally examined and am familiar withthe information submitted in this form and with those ofthe attached documents prepared by orunderthe direction of the developer, and that the information contained inthis form and inthose ofthe attached documents prepared by or under the direction of the developer is true, accurate and complete."

which shall be signed:

(a) if the developer is a corporation, by a principal executive officer of at least the level of vice president; or

(b) ifthe developer is a partnership, by a general partner; or

(c) if the developer is a sole proprietor, by the proprietor; or

(d) ifthe developer is a governmental agency, by the head of that agency.

(14) the developer siting fee or fees required, pursuant to 990 CMR 16.02(1).

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