Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 7.00 - Site Suggestion
Section 7.04 - Site Selection

Universal Citation: 990 MA Code of Regs 990.7

Current through Register 1531, September 27, 2024

(1) Public Comment Period. No decision shall be rendered by the Council on any suggested site until the expiration of a 45 day public comment period. At the close of the period for suggestion of sites or any extension thereof, the developer shall publish notice of each site that has been suggested and of the public comment period in a newspaper of general circulation serving the community in which said site is located. At the developer's option, he need not publish notice of any site that he will not consider and intends to so notify the Council pursuantto 990 CMR 7.04(2)(c). The Council shall request that notice of all sites suggested and the public comment period be published in the Environmental Monitor, and the public comment period shall commence upon the date that said notice is published in the Environmental Monitor. All comments received shall be promptly transmitted to the developer.

(2) Developer's Preference. Within seven days ofthe close of the public comment period specified above, the developer may notify the Council in writing of:

(a) any site the developer desires to be included on the final list of sites;

(b) any recommended ranking of sites;

(c) any site the developer would not consider if included on the final list of sites.

(3) Site Elimination. At the conclusion of the public comment period, the Council shall review all site suggestions, whether received by the Department or named in a Notice of Intent submitted pursuant to 990 CMR 7.03. The Council shall eliminate any sites where:

(a) the developer has notified the Council pursuant to 990 CMR 7.04(2) that he would not consider said site if it were included on the final suggested site list;

(b) the Council determines that the owner of record of said site desires to withdraw his property from consideration;

(c) the Council finds that said site does not satisfy the criteria set forth in 990 CMR 5.04. In the event that the precise location of the proposed project on the property has not been specified by the developer or the person or agency suggesting it, the Council may find that the criteria set forth in 990 CMR 5.04 are satisfied if any portion of the property is large enough to accommodate the proposed project and that portion satisfies said criteria.

(4) Development of Final Suggested Site List. If following site elimination by the Council pursuant to 990 CMR 7.04(3) more than three sites remain, the Council shall after consultation with the Department of Environmental Quality Engineering reduce the number of sites to three, one of which shall be the developer's preferred site, if any. In developing a final suggested site list, the Council shall consider which sites, in relationship to all the factors listed below, are on balance most capable of being developed in a manner fully protective of the public health and safety and the environment.

(a) the site requirements specified by the developer in the Notice of Intent;

(b) any recommended ranking of sites submitted by the developer pursuant to 990 CMR 7.04(2);

(c) the location of each site and its potential access routes in relation to flood plains, groundwater, surface water, wetlands, residential areas, generators who would be utilizing the services of the proposed facility and emergency services;

(d) the surficial geology of each site;

(e) the air quality of each site; and

(f) any other considerations which, in the discretion of the Council, are relevant to the suitability of the site for the proposed project.

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