Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 5.00 - Council Determination Whether A Proposal Is Feasible And Deserving Of State Assistance
Section 5.03 - Criteria Applicable to All Notices of Intent

Universal Citation: 990 MA Code of Regs 990.5

Current through Register 1531, September 27, 2024

The Council shall determine that a proposed project is feasible and deserving of state assistance only if it finds, on the basis of the information available to it within the time constraints imposed by M.G.L. c. 21D, that it can reasonably be expected that:

(1) the proposed technology will perform as described, and is in accordance with sound engineering and process standards;

(2) there is a need in the Commonwealth for the service or services which the proposed facility would provide, and such need is sufficient to justify the expenditure of resources by the Council, other state agencies and the local communities in conducting or participating in the siting process;

(3) the developer has sufficient financial resources or is capable of obtaining sufficient financing to:

(a) construct or expand the facility;

(b) operate and maintain the facility in compliance with all applicable statutes, regulations, bylaws and the siting agreement;

(c) provide assurance of financial responsibility in the event of accidents or malfunctioning, and provide for closure and post-closure maintenance, if required;

(4) if the developer or any person owning a significant interest in the proposed project has prior experience in the generation, storage, treatment, recycling or disposal of hazardous waste, a review of the past management practices of the developer or said person indicates a satisfactory record of compliance with applicable federal, state and local statutes, regulations and bylaws, and that therefore it can be reasonably expected that in constructing, expanding, maintaining or operating the proposed project the developer or said person will maintain a correspondingly satisfactory record of compliance with applicable statutes, regulations, bylaws, permits, licenses and the siting agreement.

Such finding by the Council shall be based upon consideration of information pertaining to:

(a) any pending investigations, hearings, litigation, arbitration or adjudicatory proceedings involving the developer or any person owning a significant interest in the proposed project and concerning compliance with federal, state and local statutes, regulations and bylaws applicable to the mana ge ment o f 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 against any person owning a significant interest in the proposed project and concerning compliance with federal, state or local statutes, regulations and bylaws applicable to the management ofhazardous waste and the protection of public health and safety and the environment; and

(c) any accidents which have occurred at anyfacilityowned or operated by the developer or by any person owning a significant interest in the proposed project;

(5) construction and operation of the proposed facility will not be barred by any federal or state statute or regulation.

(6) there are no other facts or circumstances that in the judgment of the Council raise significant concern or to the technical and financial feasibility of the proposed project and the management practices of the developer. In the event that this criterion forms the basis of or contributes to a determinationby the Council that a proposed project is not feasible and deservingofstate assistance, the Council shall specify in writing the p re c ise facts or circumstances, and the conclusions drawn therefrom, that support its determination.

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