MASSACHUSETTS LOW–LEVEL RADIOACTIVE WASTE MANAGEMENT ACT

M.G.L. pt. Part I, tit. Title XVI, ch. c. 111H

in effect

M.G.L. c. 111H, § 1 Definitions

c. 111H, § 1. Definitions Section 1. As used in this chapter, the following words shall, unless the context clearly indicates otherwise, have the following meanings:— ''Affected community'', a community, other than a site community, which is identified in an environmental impact report prepared pursuant to section thirty, and can be expected to experience significant impacts as a result of the location, development, operation, closure, post-closure observation and maintenance or institutional control of a facility. ''Board'', the low-level radioactive waste management board established in section two which shall be responsible for planning and effecting the management of low-level radioactive waste in the commonwealth in accordance with the provisions of this chapter. ''Broker'', a person engaged in the business of arranging for the collection, transportation, treatment, storage or disposal of low-level radioactive waste. ''Candidate site'', a site, identified in accordance with the procedures established in section twenty, which will be the subject of detailed site characterization as part of the process to select any superior site. ''Candidate site community'', a community in which is located all or any part of a candidate site. ''Chief executive officer'', the city manager in any city having a city manager, the mayor in any other city, the town manager in any town having a town manager, the chairman of the board of selectmen in any other town. ''Citizens advisory committee'', the committee established pursuant to section thirty and the regulations adopted by the secretary of the executive office of environmental affairs to facilitate public participation in the evaluation and review of the environmental impacts of a facility prior to licensing. ''Closure'', the permanent termination of low-level radioactive waste acceptance at a facility, including closure prior to the scheduled closing date, and the implementation of a closure plan. ''Closure plan'', the plan, required as a condition of a facility license, prepared pursuant to regulations adopted under section sixteen, to assure safe facility closure after operation. ''Community'', a city or town of the commonwealth. ''Community compensation'', any money, thing of value or economic benefit conferred by an operator or the board on any site or neighboring community under the terms and conditions specified in a comprehensive operating contract executed pursuant to section thirty-three. ''Community supervisory committee'', a committee, established pursuant to section twenty-one, to facilitate the participation of a community, in which a candidate site is located, in the activities established by this chapter. ''Comprehensive operating contract'', a contract entered into by an operator and the board pursuant to section thirty-three which specifies the community compensation to be provided by the operator or the board. ''Contingent liability account'', an account within the Low–Level Radioactive Waste Trust Fund established in section forty-one for the purpose of compensating for injuries to persons, land or property, pursuant to section nine, if no other funds, insurance, tort compensation or other means of satisfying a damage judgment or settlement are available. ''Detailed site characterization'', the on-site investigatory and analytical step of site selection established in section twenty-three and conducted prior to the selection of any superior site. ''Development'', all activities undertaken with respect to a low-level radioactive waste facility during the period commencing with the selection of any superior site pursuant to section twenty-three and continuing until the commencement of facility operation pursuant to section thirty-nine. ''Development contract'', a contract entered into by an operator and the board pursuant to section twenty-eight under which such operator shall be obligated to fulfill all of the requirements of the facility approval process established pursuant to sections twenty-nine through thirty-four inclusive. ''Disposal'', the isolation of low-level radioactive waste from the biosphere inhabited by human beings and their food chains. ''Environmental monitoring program'', a monitor program established by the department of public health, after consultation with the department of environmental quality engineering and the board of health of each site community, pursuant to section thirty-six for the purpose of collecting and analyzing environmental data prior to construction and throughout the construction, operation, closure, post-closure observation and maintenance and institutional control of a facility. ''Facility'', a parcel of land, together with the structures, equipment and improvements thereon or appurtenant thereto, which, pursuant to this chapter, is being developed, is used, or has been used for the treatment, storage or disposal of low-level radioactive waste; but does not include any property used for temporary storage of low-level radioactive waste in sealed containers by a broker. ''Facility license'', a license to operate a facility issued by the department of public health pursuant to section thirty-one. ''Generator'', a person, including a broker, who produces low-level radioactive waste. ''Half-life'', the time in which half the atoms of a particular radioactive substance disintegrate to another nuclear form. ''Institutional control'', the continued observation, monitoring, and care of a facility following transfer of the facility license from the operator to the board. ''Institutional control account'', an account within the Low–Level Radioactive Waste Trust Fund established in section forty-one for the purpose of paying institutional control costs pursuant to sections nine and forty-seven. ''Low-level radioactive waste'', radioactive material that (1) is neither high-level waste, nor spent nuclear fuel, not by-product material as defined in section 11(e)(2) of the Atomic Energy Act of 1954, as amended, 42 USC Section 2014(e); and (2) is classified by the Federal Government as low-level radioactive waste, but not including waste which remains a federal responsibility, as designated in section 3(b) of the Low–Level Radioactive Waste Policy Act, as in effect as of the effective date of this chapter, as amended, 42 USC Section 2021c(b). ''Low-level Radioactive Waste Trust Fund'', a trust fund established pursuant to section thirty-five H of chapter ten which shall consist of surcharges collected from users of the low-level radioactive waste facility in an amount determined by the board on an annual basis, which shall be used to meet the obligations set forth in sections nine and forty-seven. ''Management'', the storage, packaging, treatment, transportation, or disposal, where applicable, of low-level radioactive waste. ''Management plan'', the low-level radioactive waste management plan adopted by the board pursuant to section twelve to provide for the safe and efficient management of low-level radioactive waste. ''Neighboring community'', a community, other than a site community, which, according to the most recent federal census, has at least twenty per cent of its population residing within three miles of any superior site. ''Operator'', a person designated in accordance with the procedures established in section twenty-two and twenty-seven to develop and operate a low-level radioactive waste facility. ''Operation'', the control, supervision or implementation of the actual physical activities involved in the acceptance, storage, treatment, disposal or monitoring of low-level radioactive waste at a facility and the maintenance of the facility and any other responsibilities of operation pertaining to the facility. ''Person'', any agency or political subdivision of the federal government or the commonwealth, or of any state, any public or private corporation or authority, individual, firm, joint stock company, partnership, association, trust, estate, institution or other entity, and any officer, employee or agent of such person, and any group of such persons. ''Possible location'', a location, identified in accordance with the procedures established in section twenty, which will be the subject of preliminary characterization. ''Post-closure observation and maintenance'', the active monitoring and maintenance of a facility which has been closed in preparation for transfer of the facility's license from the operator to the board. ''Preliminary characterization'', the investigatory and analytical step established in section twenty, and conducted prior to the identification of candidate sites. ''Professional training'', the level of academic or on-the-job training generally recognized as adequate to qualify a person to be employed in a discipline. ''Public meeting'', a public hearing, satisfying the requirements of section two of chapter thirty A, in which an agency presents information, responds to inquiries and hears testimony of interested persons. ''Shallow land burial'', a land disposal method that relies on the site's natural characteristics as the primary barrier for isolation of the waste. ''Site community'', the community in which is located all or any part of any superior site. ''Source minimization'', minimizing the volume of radioactivity of low-level radioactive waste prior to its generation by such methods as: (1) avoiding unnecessary contamination of items during the use of radioactive materials; (2) carefully segregating radioactive waste from non-radioactive trash; or (3) substituting non-radioactive isotopes or radioisotopes with shorter half-lives where practicable. ''Storage'', the holding of low-level radioactive waste for treatment or disposal. ''Storage for decay'', a procedure in which low-level radioactive waste with a relatively short half-life is held for natural radioactive decay in compliance with applicable federal and state regulations. ''Superior site'', any site selected by the board, after detailed site characterization, pursuant to section twenty-three. ''Temporary closure'', the nonpermanent termination of low-level waste acceptance at a facility prior to its scheduled closing date. ''Treatment'', any method, technique, or process, including source minimization, volume minimization and storage for decay, designed to change the physical, radioactive, chemical or biological characteristics or composition of low-level radioactive waste in order to render such waste safer for management, amenable for recovery, convertible to another usable material or reduced in volume. ''Volume minimization'', treatment of low-level radioactive waste after its generation in order to minimize the physical dimensions of the waste and the space required for disposal. ''Waste management area'', that portion of a facility where low-level radioactive waste has been, is being or will be treated, stored or disposed of.

M.G.L. c. 111H, § 4 Powers and duties of board; acceptance of donations, loans or grants

c. 111H, § 4. Powers and duties of board; acceptance of donations, loans or grants Section 4. (a) The board shall have the following powers and duties: (1) to take any action authorized by this chapter either directly or through, or by means of, its own officers, agents or employees, or by contract with any person, including, but not limited to, the adoption of a management plan pursuant to section twelve; the adoption of regulations governing the selection of operators pursuant to section fifteen; the certification of any operator applicants, pursuant to section twenty-two, who satisfy the board's regulatory criteria; the selection of any superior site pursuant to section twenty-three; the execution of a comprehensive operating contract pursuant to section thirty-three; the approval of a schedule of fees and waste acceptance criteria submitted by any operator, pursuant to section thirty-eight; the administration of the Low-level Radioactive Waste Trust Fund established in section forty-one; and the acceptance of the transfer of any facility license from the operator at the commencement of institutional control of the facility pursuant to section forty-six; (2) to adopt such regulations as are necessary to accomplish the purposes of this chapter, including regulations governing its procedures; (3) to call to its assistance and avail itself of the services of such employees of any federal, state, county or municipal department, board, commission, or agency as may be required and made available; (4) to adopt regulations governing its use of consultant services, and the use of consultant services by community supervisory committees established pursuant to this chapter, which shall establish the rate of compensation for such services; provide for the prior approval by the board, of any such services for which no rate has previously been established by regulation; and require, at a minimum, that any such consultant shall satisfy the standards of conduct provided in section twenty-three of chapter two hundred and sixty-eight A; provided, however, that, except as provided in this section, such regulations shall be consistent with the regulations of the commissioner of administration adopted pursuant to section twenty-nine A of chapter twenty-nine unless the board determines that an inconsistent regulation is necessary to accomplish the purposes of this chapter; (5) to adopt regulations governing the provision of technical assistance and planning funds to enable community supervisory committees to be established and to participate in the activities established by this chapter; (6) to conduct continuing public participation and informational programs in accordance with section six; (7) subject to the provisions of this section, to accept, receive, utilize, and dispose, for any of its purposes and functions, any and all donations, loans, grants or reimbursements of money, equipment, supplies, materials, and services, conditional or otherwise, including any payments made pursuant to section 5(d) of the Low–Level Radioactive Waste Policy Act, as amended 42 USC section 2021e(d), from any state or the United States or agency or political subdivision thereof, or interstate agency, or from any person; (8) to acquire, by purchase or eminent domain, through the division of capital asset management and maintenance, such interests in land as are necessary to conduct site selection activities pursuant to sections twenty and twenty-three or develop a facility at any superior site selected pursuant to said section twenty-three; (9) to issue annually, no later than November thirtieth, a report of its activities, which shall be transmitted to the clerk of the senate, the clerk of the house of representatives, the governor, and the chief executive officer of each site, neighboring and affected community, and shall include: (A) a list of the time, location and subjects of all meetings and adjudicatory proceedings conducted during the year and the minutes thereof; (B) a list and description of regulations adopted during the year; (C) a description of all activities undertaken pursuant to sections eighteen to twenty-three, inclusive, during the year; (D) the most recent management plan adopted by the board; and (E) a list of any reports prepared during the year; and (10) to prepare and submit to the commissioner of administration an estimate, required to be filed under section three of chapter twenty-nine, of the amount required for the maintenance of the board, including any costs of providing funds to community supervisory committees pursuant to section twenty-one. (b) The board shall establish regulations for the acceptance of donations, loans, grants of money, equipment, supplies, materials, and services. The nature, amount and conditions, if any, attendant upon any donation, loan, or grant accepted pursuant to this section, together with the identity of the donor, grantor, or lender, shall be made public. No donor, lender, or grantor shall derive any advantage in any proceeding before the board by reason of such donation, loan or grant.

M.G.L. c. 111H, § 4A Low Level Radioactive Waste Management Fund; assessments

c. 111H, § 4A. Low Level Radioactive Waste Management Fund; assessments Section 4A. (a) There is hereby established on the books of the commonwealth a separate fund, to be known as the Low Level Radioactive Waste Management Fund. For the purpose of providing funds to implement the management plan adopted pursuant to section twelve and to carry out the powers and duties conferred by this chapter, the board shall annually assess each person licensed or registered to receive, possess, use, transfer or acquire radioactive materials in the commonwealth, amounts sufficient to defray the costs annually incurred by the board for such purposes. Amounts assessed shall be deposited in said fund and may be expended by the board, subject to appropriation, to carry out the powers and duties conferred by this chapter. The total amount to be assessed shall be apportioned annually in accordance with a schedule, sufficient to produce an amount not to exceed five hundred thousand dollars, adopted by regulation by the board, after notice to interested persons and a public hearing. In establishing such schedule, the board shall reduce the total amount to be assessed by the amount of any other donations, loans, grants, reimbursements, payments or unexpended assessments received, or other funds appropriated to implement the management plan and to carry out the powers and duties conferred by this chapter. Such schedule shall be based on the volume and classification of radioactivity of waste produced by each licensee and registrant which is shipped for disposal off site or stored for later disposal; provided, however, that the board shall make a minimum assessment on all licensees and registrants. Such schedule may further provide for surcharges based on the classification scheme contained in the management plan. Assessments shall be due and payable not less than ninety days after written notice to the person upon whom such assessment is imposed, and shall accrue interest at twelve percent per annum on and after the due date. Failure without just cause to pay any lawful assessment pursuant to this section shall constitute a violation of this section. (b) The board may, subject to appropriation and by an equitable method established by regulation, refund to persons who have paid an assessment pursuant to this section, the amount by which the assessments, interests and penalties collected in the prior fiscal year pursuant to this section and section four B exceeds the amounts expended by the board, including fringe benefits, for the purposes specified in this section. (c) The board shall, on or before July first of each year, submit to the governor, the state auditor, the secretary of the executive office of administration and finance, the house and senate committees on ways and means, and the joint committee on natural resources and agriculture an annual report. Said annual report shall include a detailed statement of: all assessments, interests and penalties collected pursuant to this section and section four B for the previous fiscal year; all disbursements made by the board and executive office of environmental affairs for that fiscal year from said fund; any monies otherwise appropriated to the board and said secretary; and any other monies so obligated to the board or said secretary for the purposes of implementing the provisions of this chapter; as well as any other information the board deems appropriate. (d) Nothing in this section shall be construed to relieve the board of its duty, pursuant to section four, to prepare and submit to the secretary of administration and finance an estimate of the amount required for the maintenance of the board, or of its duty, pursuant to section nine E of chapter twenty-nine, to notify said secretary and the house and senate committees on ways and means if the appropriation for the implementation of the management plan and to carry out the powers and duties conferred by this chapter will be insufficient to meet all of the expenditures required in the current fiscal year and of the estimated amount of such additional requirements. (e) No assessment shall be due and payable pursuant to this section after June thirtieth, nineteen hundred and ninety-three, unless the board has submitted the schedule of assessments it has adopted to the house and senate committees on ways and means at least ninety days prior to sending any notice of such assessment pursuant to this section.

M.G.L. c. 111H, § 4B Violations of Sec. 4A; civil penalties

c. 111H, § 4B. Violations of Sec. 4A; civil penalties Section 4B. (a) If the board finds, after notice of any violation of section four A and an opportunity for a hearing have been provided, that any person is not in compliance with any requirement of section four A, or with any provision of any regulation adopted thereunder, it may assess civil penalties in an amount determined pursuant to this section. Such civil penalty may be imposed whether or not the violation was willful. In determining the amount of the civil penalty, the board shall consider the willfulness of the violation; the actual and potential cost to the commonwealth of collecting the assessment and penalty to enforce such requirement; whether the person being assessed the civil penalty did everything reasonable to pay the assessment, and to pay promptly after a notice of violation was issued; whether the person being assessed the civil penalty has previously failed to comply with any requirement of section four A, or with any provision of any regulation adopted thereunder; the financial condition of the person being assessed the civil penalty. The board shall also consider the goals of making compliance less costly than noncompliance, deterring future noncompliance, and the public interest. (b) In addition to assessing civil penalties under this section, the board may request the attorney general to bring an action in the superior court to compel payment of assessments and penalties and immediate and full compliance with any order issued by the board. The expense of the proceedings shall be recoverable from the violator in such manner as provided by law.

M.G.L. c. 111H, § 5 Repealed, 2002, 184, Sec. 92A

M.G.L. c. 111H, § 6 Public participation coordinator; duties

c. 111H, § 6. Public participation coordinator; duties Section 6. The executive director, after an open and competitive selection process, shall appoint a full-time public participation coordinator based on demonstrated competence subject to approval by a vote of the board. The public participation coordinator's duties shall include: (a) to encourage and facilitate the participation of interested persons in all of the processes established in or pursuant to this chapter; (b) to make recommendations to the board, the department of public health and the department of environmental protection concerning the implementation of programs to assure appropriate public participation in the processes established in or pursuant to this chapter; (c) to publicize throughout the commonwealth the management plan adopted pursuant to section twelve, all plans for the selection of any superior site or for the selection of an operator, and any proposals for the development, operation and closure of facilities in order to inform the public and to encourage and facilitate the participation of interested persons in such selection procedures, in environmental review and licensing proceedings, and in the review of facility operations; and (d) to publicize throughout the commonwealth and to conduct continuing public informational programs on the use of radioactive materials, the nature and characteristics of low-level radioactive waste, current and developing technologies, and the hazards associated with low-level radioactive waste and the improper management thereof; provided, however, that, in establishing and conducting such programs, the public participation coordinator shall obtain the advice and assistance of an advisory board to be composed of members representing the range of public opinion concerning low-level radioactive waste or its management and invite the participation of persons representing such range of public opinion.

M.G.L. c. 111H, § 7 Information concerning type, volume, radioactivity, source and characteristics of low-level radioactive waste; inspections; confidentiality

c. 111H, § 7. Information concerning type, volume, radioactivity, source and characteristics of low-level radioactive waste; inspections; confidentiality Section 7. (a) For the purpose of ensuring the accuracy and completeness of the low-level radioactive waste management plan or of determining compliance with this chapter or any regulations adopted hereunder, each person who generates, treats, stores, transports or disposes of low-level radioactive waste within the commonwealth shall annually, and at such other times as requested by the department of public health, provide detailed and accurate information concerning the type, volume, radioactivity, source and characteristics of the low-level radioactive waste which such person generates, treats, stores, transports or disposes of; as well as such person's current and projected low-level radioactive waste management activities, including source minimization, volume minimization, on-site storage, treatment, packaging and transportation practices and such other information as the board or the department of public health deems necessary. The duly authorized inspectors of said department may, at all reasonable times, enter and examine any property, facility, or activity involving the management of low-level radioactive waste. The owner, operator and other person in charge of the property, facility, or activity, shall afford such inspectors unfettered access, equivalent to access provided to persons regularly employed at such property, facility or activity, following proper identification and compliance with applicable access control measures for security, radiological protection and personal safety. Such inspectors are authorized to make such inspections, conduct such tests, reviews, studies, monitoring, or sampling or examine books, papers and records as said department deems necessary for the administration or enforcement of this chapter. (b) Notwithstanding the provisions of any general or special law to the contrary, any information, record or particular part thereof, obtained by the department of public health pursuant to the provisions of this chapter, shall, upon request by the owner or proprietor thereof, be kept confidential and not be considered to be a public record when it is determined by said department that such information, record, or report, relates to secret processes or methods of manufacture or production, or that such information, record or report, if made public, would divulge a trade secret. Nothing in this section shall prevent use of such information in the preparation of the management plan, or of any summary or statistical compilation of information obtained by said department. (c) All procurement activities and all payments made under contracts entered into pursuant to this chapter including any development contract and any comprehensive operating contract, shall be deemed to be within the jurisdiction of the office of the inspector general in accordance with chapter twelve A.

M.G.L. c. 111H, § 8 Issuance of orders; notice and opportunity for hearing; civil penalties; injunctions and actions to compel

c. 111H, § 8. Issuance of orders; notice and opportunity for hearing; civil penalties; injunctions and actions to compel Section 8. (a) The department of public health may issue orders as are reasonably necessary for the enforcement of the provisions of this chapter. Such orders may include, but not be limited to orders modifying, suspending, or revoking licenses and orders requiring persons to cease any activity that is in violation of the provisions of this chapter or of any regulation adopted or facility license issued hereunder. Such orders shall be issued after notice and an opportunity for hearing except where public health, safety or the environment would be threatened by delay in the issuance of such order. In such circumstance, an opportunity for hearing shall be provided promptly after issuance of such order. (b) If the department of public health finds, after notice and an opportunity for a hearing has been provided, that any person is not in compliance with any order issued pursuant to this section, or with any provision of this chapter or any regulation adopted hereunder, it may assess civil penalties in an amount not exceeding one hundred thousand dollars for each such violation. Such civil penalty may be assessed whether or not the violation was willful. In determining the amount of the civil penalty, the said department shall consider the willfulness of the violation; the actual and potential danger or injury to the public health or the environment; the actual and potential cost of such damage or injury; the actual and potential cost to the commonwealth of enforcing the provisions of this chapter; whether the person being assessed the civil penalty did everything reasonable to prevent the failure to comply from occurring, and to promptly come into compliance, and to remedy and mitigate whatever harm might have been done as a result of the failure to comply; whether the person being assessed the civil penalty has previously failed to comply with any order issued pursuant to this section, or with any provision of this chapter or any regulation adopted hereunder; making compliance less costly than noncompliance; deterring future noncompliance; the financial condition of the person being assessed the civil penalty; and the public interest. (c) In addition to assessing civil penalties under this section, the department of public health may request the attorney general to bring an action in the superior court to restrain, prevent or enjoin any conduct prohibited by this chapter and to compel action to comply immediately and fully with any order issued by the department. The expense of the proceedings shall be recoverable from the violator in such manner as provided by law. (d) It shall be unlawful for any person to willfully: (1) violate or assist in the violation of any of the provisions of this chapter or of any regulations adopted hereunder; (2) fail to comply with any order issued by the department of public health pursuant to this section; (3) attempt to obtain a license by misrepresentation or failure to disclose all relevant facts. (e) Any person convicted of unlawful conduct as defined in this section shall, for each offense, pay a fine of not less than one thousand nor more than twenty thousand dollars; or be imprisoned for a period of not more than twenty years; or both. Each day of continued violation of any provision of this chapter or of any regulation adopted or order issued hereunder shall constitute a separate offense.

M.G.L. c. 111H, § 9 Management of low-level radioactive waste; liability; damages; funds to satisfy liability

c. 111H, § 9. Management of low-level radioactive waste; liability; damages; funds to satisfy liability Section 9. (a) It shall be the responsibility of the operator to take all appropriate steps to clean up and stabilize the facility and to contain migration of low-level radioactive waste or associated toxic materials, whenever there has been or impends a release of such materials at the facility during its operation, closure or post-closure observation and maintenance. The board shall ensure that the operator has sufficient funds to satisfy this responsibility. The board shall have such responsibility during the period of institutional control and shall utilize sums from the institutional control account within the Low-Level Radioactive Waste Trust Fund established pursuant to section forty-one to satisfy this responsibility. If all other sources of funds, including federal assistance, have been exhausted, the commonwealth shall provide the reasonable costs of clean-up and stabilization of a facility. (b) Except as otherwise provided in this section, any person who carries on any activity involving the management of low-level radioactive waste shall be subject to strict liability for harm to persons, land or property resulting from such activity when caused by any release of, or exposure to, such waste or associated toxic materials. Such liability may be joint and several unless such person establishes by a preponderance of the evidence that only a portion of such harm has resulted from such activity. No claim for such harm may be made against the operator after a facility's license has been transferred to the board pursuant to section forty-six, unless the operator has willfully misrepresented the conditions of the facility at the time of such transfer or fraudulently concealed information about the facility or its operations. (c) Notwithstanding the provisions of this section, the board, community supervisory committees, the department of public health, the department of environmental protection and the commissioner of capital asset management and maintenance shall be subject to liability for harm to persons, land or property resulting from the management of low-level radioactive waste only in accordance with the provisions of chapter two hundred and fifty-eight; provided, however, that the amount of damages for which liability may be imposed shall not be subject to the limit provided in section two of said chapter two hundred and fifty-eight. Notwithstanding any limitation contained in said chapter two hundred and fifty-eight, but in accordance with the procedures established therein, the board shall be subject to liability for harm to persons, land or property which may occur after the board assumes its responsibility for institutional control of the facility pursuant to section forty-six, or from the negligence of any employee of the board in the institutional control of the facility. (d) The board shall ensure that the operator has sufficient funds to satisfy its liabilities under this section, and for the compensation of injured facility employees. The board shall utilize sums from the institutional control account established in section forty-one to ensure the availability of funds to satisfy its liabilities under this section for which claims are made during the period of institutional control; provided, however, that the funds available to satisfy such liabilities from third party claims shall be at least equal to the maximum amount available from the nuclear insurance pools or other commercial insurers. (e) If no other funds, insurance, tort compensation or other means of satisfying a damage judgment or settlement, approved by a court of competent jurisdiction, are available, the contingent liability account established in section forty-one shall be utilized to compensate for injuries to persons or property resulting from the management of low-level radioactive waste or the institutional control of a facility. (f) The commonwealth shall provide compensation for harm to persons, land or property which may occur after the board assumes its responsibility for institutional control of the facility pursuant to section forty-six, only, if all other sources of funds, including federal assistance, have been exhausted.

M.G.L. c. 111H, § 10 Phase I of the Low–Level Radioactive Waste Management Act; planning

c. 111H, § 10. Phase I of the Low–Level Radioactive Waste Management Act; planning Section 10. Planning for low-level radioactive waste management shall be conducted, subject to appropriation, in accordance with sections eleven to seventeen, inclusive, which shall be known and cited as ''Phase I of the Low–Level Radioactive Waste Management Act''. The provisions of such sections shall be implemented so as to require appropriate source minimization, volume minimization and storage for decay; to require a comprehensive management plan, an appropriate determination of need, and adequate regulatory controls and site selection criteria prior to the initiation of site selection; and to prohibit shallow land burial.

M.G.L. c. 111H, § 11 Procedures for adoption of management plan

c. 111H, § 11. Procedures for adoption of management plan Section 11. (a) The adoption of a management plan under section twelve, the adoption of regulations for source minimization, volume minimization and storage for decay under section thirteen, the adoption of regulations for the selection of any superior site under section fourteen the adoption of regulations for operator selection under section fifteen and the adoption of regulations for the licensing of any facility under section sixteen shall be in accordance with the procedures set forth in this section. The recommendations of the public participation coordinator, made pursuant to section six, shall be implemented to the extent feasible in order to ensure appropriate public participation during the development of such plans and regulations; to ensure that adequate information concerning such plans and regulations is available; to facilitate the conduct of public meetings and other opportunities for public review and comment; and to ensure that public concerns are identified and addressed throughout the development of such plans and regulations. (b) No fewer than four months prior to the initial adoption of a management plan pursuant to section twelve and the initial adoption of regulations under sections thirteen to sixteen, inclusive, the responsible agencies shall issue drafts of such management plan and regulations, together with summaries thereof, for public review and comment. No fewer than thirty days and no more than ninety days after the issuance of such drafts, the responsible agencies and the public participation coordinator shall jointly conduct a minimum of six consolidated public meetings throughout the commonwealth on the drafts and shall accept written comments thereon. Such consolidated public meetings shall be conducted at times and locations to be agreed by the responsible agencies and the public participation coordinator. (c) The management plan and any regulations adopted under any of sections thirteen to sixteen, inclusive, shall be adopted in accordance with the requirements of sections two to six, inclusive, of chapter thirty A; provided, however, that a public hearing satisfying the requirements of section two of said chapter thirty A shall be required prior to the adoption, amendment or repeal of the management plan or any such regulation. (d) The initial management plan developed under section twelve and the initial regulations developed under sections thirteen to sixteen, inclusive, shall be adopted by January first, nineteen hundred and eighty-nine.

M.G.L. c. 111H, § 12 Preparation, adoption by regulation, and implementation of management plan; contents of plan

c. 111H, § 12. Preparation, adoption by regulation, and implementation of management plan; contents of plan Section 12. (a) The board shall prepare, adopt by regulation, and implement a management plan to provide for the safe and efficient management of low-level radioactive waste. The primary consideration guiding the development of the management plan shall be the protection of public health, safety and the environment. The management plan shall be reviewed annually and revised as necessary. (b) The management plan shall include, but not be limited to: (1) a classification system, compatible with federal requirements and the regulations adopted by the department of public health under section sixteen, for all low-level radioactive waste generated, treated or disposed of in the commonwealth, based primarily on its radiological toxicity and radioactive half-life and also on the principal radionuclides present in the waste and their concentrations; its specific radioactivity; its chemical and biological toxicity and form; its chemical reactivity; its volume and such other characteristics as the board deems necessary to determine which classes of low-level radioactive waste may be stored for decay, which classes of low-level radioactive waste will require disposal and which classes will require special management procedures in order to facilitate the safe and timely closure, post-closure observation and maintenance and institutional control of the facility accepting such low-level radioactive waste; (2) a review and analysis of current and developing low-level radioactive waste management technologies and practices, including their potential public health, safety and environmental impacts; their cost-effectiveness; their climatic, geologic, hydrogeologic, or other requirements; and their suitability for the low-level radioactive waste managed within the commonwealth; and any recommendations for regulatory or other actions to improve the safety or efficiency of such technologies and practices, and to ensure that the value of property in the vicinity of any facility is maintained; (3) an inventory of all generators located in the commonwealth or whose low-level radioactive waste is to be accepted for treatment, storage or disposal within the commonwealth, including information on their location, products, services, clinical procedures, and teaching or research activities and an evaluation of the economic benefit to the commonwealth of such products, services and activities; the volume, characteristics and curies of their current and projected generation of low-level radioactive waste in compliance with any regulations adopted by the department of public health pursuant to section thirteen; and their current and projected low-level radioactive waste management activities including source minimization, volume minimization, on-site storage, treatment, packaging and transportation practices; (4) an inventory of all facilities within or outside the commonwealth under development or available to accept low-level radioactive waste generated within the commonwealth, including information on their location, size and capacity, and on the volume, characteristics and curies of the low-level radioactive waste accepted or to be accepted at such facilities; and projections of the anticipated future capacity and availability of such facilities to meet future needs; (5) a finding as to whether there is a requirement for additional facility capacity to meet present low-level radioactive waste management needs or needs anticipated to arise within the next decade, a specification of the volumes and classifications of low-level radioactive waste to be accepted during operation of such a facility and the minimum land area requirement of such a facility, and a statement of the factual basis of such finding and specification; (6) a review and analysis of proposals for, and the utilization of, all low-level radioactive waste transportation routes, practices, regulations and emergency response and enforcement capabilities employed within the commonwealth; (7) a report of all facilities in operation, temporary closure, closure, post-closure observation and maintenance or institutional control including the results of the most recent financial audit of each facility conducted by the state auditor pursuant to section thirty-eight; an analysis of fees being collected by the operator to demonstrate the financial integrity of its operation; the expected availability of sufficient funds to carry out facility closure and post-closure observation and maintenance; the expected adequacy of the contingent liability account and institutional control account within the Low-level Radioactive Waste Trust Fund established in section forty-one; based on the annual report of the environmental monitoring program, issued pursuant to section thirty-six; a summary of procedures used to monitor each facility, the principal findings made concerning the facility and a detailed account of any release at the facility of radioactive or toxic materials into the workplace or the environment, including the measures taken to contain or remedy such release; and the facility closure plan prepared pursuant to regulations adopted under section sixteen; (8) a review and analysis of the adequacy of available insurance protection for low-level radioactive waste management activities against personal injury and property damage, including third-party liability insurance; (9) a review and analysis of the effectiveness and feasibility of, and the development of recommendations for, encouraging or requiring minimization of the volume, radioactivity, toxicity, or other characteristics of low-level radioactive waste; and (10) interim and emergency storage plans to go into effect whenever it appears that no facility is or will be available to accept low-level radioactive waste generated within the commonwealth. Such plans may include contractual agreements with facilities located outside the commonwealth. Notwithstanding any provision of section sixteen, if such plans include the development of an interim or emergency storage facility, the board or its designee may apply for a facility license in accordance with the provisions of section thirty-one and, upon its issuance, may construct and operate a facility to accept low-level radioactive waste for interim or emergency storage; provided, however, that no such facility may be constructed unless the department of public health has determined that the environmental monitoring program required in section thirty-six has yielded representative baseline data; and provided, further, that the board shall specify in its interim and emergency storage plans the maximum length of time during which such a facility may be utilized.

M.G.L. c. 111H, § 13 Low-level radioactive waste source minimization, volume minimization and storage for decay by generators program; establishment

c. 111H, § 13. Low-level radioactive waste source minimization, volume minimization and storage for decay by generators program; establishment Section 13. The department of public health, after consultation with the board, shall establish a program for low-level radioactive waste source minimization, volume minimization and storage for decay by generators. Said department shall adopt regulations necessary to implement such program consistent with the protection of public health, safety and the environment and with the promotion of responsible research and innovation. Such regulations shall require generators to avoid unnecessary contamination of items during the use of radioactive materials; to segregate radioactive waste from non-radioactive trash; and to prepare and implement plans for the utilization of all appropriate source minimization, volume minimization and storage for decay methods.

M.G.L. c. 111H, § 14 Site selection criteria and application guidelines; adoption of regulations

c. 111H, § 14. Site selection criteria and application guidelines; adoption of regulations Section 14. (a) The department of environmental protection shall adopt regulations establishing criteria for the selection of any superior site, guidelines for their application, procedures for the conduct of site selection and plans for the creation within said department of a statewide resource center for the continued collection of data pertaining to site selection. Such regulations shall, at a minimum, be compatible with the federal regulatory program established pursuant to the Atomic Energy Act, 42 USC section 2071 et seq. The primary consideration in adopting such regulations shall be the protection of public health, safety and the environment. (b) The site selection criteria and application guidelines shall ensure, at a minimum, that any superior site satisfies the following site suitability requirements. (1) sites shall be capable of being characterized, modeled, and monitored; (2) sites shall be well drained and free of areas of flooding or frequent ponding, waste management areas shall be outside any one-hundred-year flood plain, coastal high-hazard area, or wetland; (3) upstream drainage areas shall be minimized to decrease the amount of run-off which could erode or inundate the waste management area; (4) sites shall provide sufficient depth to the water table so that groundwater intrusion, perennial or otherwise, into the waste will not occur; (5) the hydrogeologic unit used for waste management shall not discharge groundwater to the surface within the site; (6) waste management area shall be located so that tectonic processes in the vicinity, such as faulting, folding, seismic activity or volcanism, will not occur which will significantly effect the ability of the site to meet any performance objectives adopted by the department of public health under section sixteen, or preclude adequate modeling and prediction of long-term impacts; (7) waste management area shall be located so that surface geologic processes in the vicinity, such as mass wasting, erosion, slumping, landsliding, or weathering will not occur which will significantly affect the ability of the site to meet any performance objectives adopted by the department of public health under section sixteen, or preclude adequate modeling and prediction of long-term impacts; (8) waste management areas shall be located so that nearby activities will not adversely affect the ability of the site to meet any performance objectives adopted by the department of public health under section sixteen, or significantly impair the environmental monitoring program; (9) sites shall be located in areas with no known economically recoverable resources which, if exploited, would adversely affect the ability of the site to meet any performance objectives adopted by the department of public health under section sixteen, or significantly impair the environmental monitoring program; (10) sites shall be located outside of, and so as not to adversely affect, the recharge zones of existing or future drinking water source aquifers; (11) sites shall have sufficient land available to provide for the waste volume and a reasonable buffer around the waste management area; (12) sites shall be located so as not to adversely affect any national park, monument, lake shore, habitat of endangered species, or area protected by the Wilderness Act, 16 USC sections 1131–1136, the Wild and Scenic Rivers Act, 16 USC sections 1271–1287, and the Fish and Wildlife Coordination Act, 16 USC sections 661–666C; or the National Historic Preservation Act, 16 USC sections 470–470m; and (13) sites shall be located away from any structure or area in which are regularly found persons who, because of their age or physical characteristics, are likely to be at significantly higher than normal risk of adverse health effects if exposed to the release of radioactive or associated toxic materials. (c) The procedures for the conduct of site selection shall include a quality assurance program designed to ensure data reliability, validity, traceability, and retrievability, as well as completeness and technical adequacy, for use in making any site selection decisions or subsequent licensing determination. (d) The application of the site selection criteria adopted pursuant to this section shall not be subject to waiver by the department of environmental protection or the board.

M.G.L. c. 111H, § 15 Selection of operators; adoption of regulations

c. 111H, § 15. Selection of operators; adoption of regulations Section 15. The board shall adopt regulations governing the selection of operators. Such regulations shall include financial, technical and management criteria and shall establish procedures adequate to determine that the operator possesses sufficient reliability, expertise, and competence to operate a facility so as to protect public health and the environment. Such determination shall be based, in part, on information submitted by applicants, in response to any request for proposals issued pursuant to section twenty-two, including: (a) organizational information for the applicant and any proposed subcontractors detailing their legal structure, ownership and control and operational experience, and the background and qualifications of all officers, directors, partners and principal owners of each such firm and of the key personnel to be utilized in the performance of any contract with the board, and a description of the locations and operating experiences of existing or former operations of such persons; the history of compliance with, and any violations of federal, state or local requirements by such persons in any jurisdiction in which they or any of them have done business, and any felony convictions of such persons; (b) a financial disclosure statement describing the applicant's financial resources and proposed revenue plans and demonstrating that the applicant either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds to cover the estimated costs of development and operation of a facility and will have sufficient funds available to carry out facility closure and post-closure observation and maintenance; and (c) a preliminary facility development, operation, closure, post-closure observation and maintenance and institutional control plan including a description of the proposed technology or technologies to be utilized, and of the applicant's staffing plans and personnel training program, safety and recordkeeping procedures, and emergency response plans.

M.G.L. c. 111H, § 16 Licensing, development, operation, closure, post-closure observation and maintenance, and institutional control of facilities; adoption of regulations

c. 111H, § 16. Licensing, development, operation, closure, post-closure observation and maintenance, and institutional control of facilities; adoption of regulations Section 16. (a) The department of public health shall adopt regulations for the licensing, development, operation, closure, post-closure observation and maintenance, and institutional control of facilities in accordance with the procedure established in this section. Such regulations shall, at a minimum, be compatible with the federal regulatory program established pursuant to the Atomic Energy Act, 42 USC section 2071 et seq., and shall include procedures for license application and for setting a license decision schedule pursuant to section thirty-one; environmental and human exposure performance objectives, financial assurances and licensing requirements for facility construction; facility opening; low-level radioactive waste acceptance and inspection, storage, treatment and disposal; site maintenance; site safety, environmental monitoring and radiation and contamination control; facility security, recordkeeping and reporting; and quality control and training support; provided, however, that any disposal method utilized at a facility shall permit retrieval and monitoring of the waste, and provided further that shallow land burial shall be prohibited. Regulations governing low-level radioactive waste which is also hazardous waste as defined in section two of chapter twenty-one C, shall require an equivalent level of environmental protection as that required by said chapter and such regulations adopted thereunder; provided, however, that no low-level radioactive waste facility licensed pursuant to this chapter shall be subject to the provisions of chapter twenty-one D. Such regulations shall further require the operator to prepare, maintain and update a facility closure plan throughout the period of facility development and operation. (b) The department of public health shall not issue a license pursuant to any regulation adopted under this section, authorizing any person to dispose of low-level radioactive waste or to accept waste from any other person for treatment or storage, unless the person making application for such license has been designated as an operator in accordance with the procedures established pursuant to sections twenty-two and twenty-seven. The department of public health shall not issue a license pursuant to any regulation adopted under this section unless the applicant has obtained all other permits and licenses required by law in order to commence construction of a facility; provided, however, that no community may prohibit, or require any license, permit, approval or condition for the construction, operation, closure, post-closure observation and maintenance or institutional control of a facility. (c) Together with any draft regulations to be adopted under this section, which are issued for public review and comment, the department of public health shall issue a statement of any major alternative regulatory approaches and performance objectives considered but not proposed, and the reasons for the approach chosen and a description of: (1) the significant public health, environmental, social and economic impact of current low-level radioactive waste management practices and regulatory programs; (2) such impacts as are likely to result from the adoption of said departments proposal and from major alternative regulatory approaches considered by said department; and (3) such impacts as are likely to result from improper packaging, transportation incidents, improper design or operation of a facility, natural disaster, or inadvertent or purposeful intrusion into the facility.

M.G.L. c. 111H, § 17 Initiation of site selection process; board vote; conditions

c. 111H, § 17. Initiation of site selection process; board vote; conditions Section 17. (a) The board shall initiate the site selection process established in sections eighteen to twenty-three, inclusive, if it determines, by a two-thirds vote of its members, that it is necessary and appropriate to proceed with site selection. Such vote may be taken only if: (1) the board has adopted a low-level radioactive waste management plan under section twelve, incorporating a finding that there is a requirement for additional facility capacity to meet present needs or needs anticipated to arise within the next decade; (2) the department of public health has adopted regulations under section thirteen necessary to implement a program for source minimization, volume minimization and storage for decay by generators; (3) the department of environmental protection has adopted, under section fourteen, criteria for selection of any superior site for the development and operation of a low-level radioactive waste management facility, guidelines for their application, and procedures for implementing the site selection process; (4) the board has adopted regulations, under section fifteen, for the selection of operators; and (5) the department of public health has adopted regulations, under section sixteen, for the licensing development, operation, closure, post-closure observation and maintenance and institutional control of a facility. (b) No fewer than twenty-one days prior to a vote to initiate site selection pursuant to this section, the board shall issue a notice, satisfying the requirements of section two of chapter thirty A, of its intent to conduct such vote. (c) Upon voting to initiate site selection, the board shall notify the chief executive officer of each community of the commencement of the site selection process, explaining in detail the site selection criteria, guidelines for their application and procedures for implementation of site selection, and offering the resources of the board and the public participation coordinator to assist communities in participating in the site selection process.

M.G.L. c. 111H, § 18 Phase II of the Low–Level Radioactive Waste Management Act; implementation for site selection process

c. 111H, § 18. Phase II of the Low–Level Radioactive Waste Management Act; implementation for site selection process Section 18. The selection of any superior site shall be conducted in accordance with sections nineteen to twenty-four, inclusive, which shall be known and may be cited as ''Phase II of the Low–Level Radioactive Waste Management Act,'' and in accordance with the regulations adopted under section fourteen. The provisions of such sections and regulations shall be implemented so as to ensure an open and fair process for selecting a superior site for any facility determined to be needed pursuant to Phase I of the Low–Level Radioactive Waste Management Act and for certifying applicants who satisfy the regulatory criteria adopted pursuant to said Phase I.

M.G.L. c. 111H, § 19 Site selection process; procedures

c. 111H, § 19. Site selection process; procedures Section 19. (a) The site selection process conducted pursuant to sections twenty and twenty-three shall be in accordance with the procedures set forth in this section. The recommendations of the public participation coordinator, made pursuant to section six, shall be implemented to the extent feasible in order to ensure appropriate public participation in the site selection process; to ensure that adequate information concerning the site selection process is available; to facilitate the conduct of public meetings and other opportunities for public review and comment; and to ensure that public concerns are identified and addressed throughout the site selection process. (b) In accordance with the regulations adopted under section four, the board shall retain such consultants as it determines are necessary to complete the site selection process. (c) Each notice required by section twenty or twenty-three to be given to the chief executive officer of a community shall, at a minimum, explain in detail all actions taken pursuant to sections eleven to seventeen, inclusive, and those actions completed pursuant to section twenty or twenty-three, as well as the remaining actions to be undertaken pursuant to section twenty, twenty-three or twenty-four, and offer the resources of the board and the public participation coordinator to assist communities in participation in the site selection process.

M.G.L. c. 111H, § 20 Site selection process; issuance of required reports; public meetings; acquisition of property interest in candidate sites

c. 111H, § 20. Site selection process; issuance of required reports; public meetings; acquisition of property interest in candidate sites Section 20. (a) The board shall issue a statewide mapping and screening report using existing data and analysis collected by the statewide resource center established pursuant to section fourteen or obtained by the board as of the date of its vote to initiate site selection. Such report shall identify, and exclude from further consideration in the site selection process, those areas of the commonwealth that are obviously unable to satisfy the site selection criteria adopted by the department of environmental protection under said section fourteen. (b) After the issuance of the statewide mapping and screening report, the board shall issue a report identifying possible locations, which are likely to contain one or more candidate sites. The report shall describe the procedures used to identify such possible locations and establish that such procedures conform to the requirements of the regulations adopted by the department of environmental protection under section fourteen. Such possible locations shall include all available lands in the commonwealth which, on the basis of such information as is obtained by the board through its own investigations, appear to satisfy the site selection criteria adopted under said section fourteen. The board shall publicize the availability of such report for public review and comment, and shall provide a notice, satisfying the requirements of section nineteen to the chief executive officer of each community in which is located a possible location identified in the report. Within forty-five days of the issuance of such report, the board shall conduct at least one public meeting on the report in the vicinity of each possible location identified in the report at times and locations to be determined after consultation with the public participation coordinator and shall accept written comments thereon. The board shall consider and evaluate all comments and statements made at a public meeting or submitted in writing. (c) Within ten months of the board vote, pursuant to section seventeen, to initiate the site selection process, the board shall issue a draft candidate site identification report. Such report shall identify at least two, but not more than five, candidate sites which the board considers best able to satisfy the site selection criteria adopted by the department of environmental protection under section fourteen, potentially licensable, capable of being developed, and otherwise appropriate for detailed site characterization pursuant to section twenty-three. Such report shall also include: (1) a report of the results of a preliminary characterization of the meteorology, surface and groundwater, geology, tectonics, geomechanics, air quality, ecology, land use, cultural resources and social and economic characteristics of each such possible location; (2) a description of the procedures used to identify the candidate sites based on such preliminary characterization; and (3) draft plans for detailed site characterization of each candidate site pursuant to section twenty-three. (d) The preliminary characterization required pursuant to this section shall be conducted, to the extent feasible, so as not to interfere with the quiet enjoyment of private property; provided, however, that, whenever the board deems it necessary to make surveys, soundings, drillings or examinations to obtain information for, or to expedite the preliminary characterization, its authorized agents or employees may, after due notice by registered or certified mail, enter upon any lands, waters and premises, not including buildings, in the commonwealth for the purposes of making surveys, soundings, drillings and examinations as the board may deem necessary or convenient, and such entry shall not be deemed a trespass. The board shall make reimbursement for any injury or actual damage resulting to such lands, water and premises caused by any act of its authorized agents or employees, and the board shall, so far as possible, restore such lands to the same condition as prior to the making of such surveys, soundings, drillings or examinations. (e) Upon the issuance of the draft candidate site identification report, the board shall transmit a copy of the draft report to the secretary of the executive office of environmental affairs; and widely publicize its availability for public review and comment; and the board and the commissioner of capital asset management and maintenance shall jointly provide a notice satisfying the requirements of section nineteen of this chapter and section forty I of chapter seven, to all persons entitled under said section forty I of chapter seven to receive such notices and to the chief executive officer of each community in which is located all or part of a candidate site identified in such draft report. The board shall request each such chief executive officer to take appropriate action to establish a community supervisory committee for such community in accordance with section twenty-one. (f) No person owning property identified in the draft candidate site identification report shall take any action or cause to have any action taken with respect to such property prior to the acceptance or amendment of such report by the board pursuant to this section which has the effect of interfering with or rendering more difficult or expensive the conduct of detailed site characterization of the property or the acquisition of a property interest therein pursuant to this section or section twenty-four. (g) Within sixty days of the issuance of the draft report, the board shall conduct at least one public meeting on the report in each community in which is located all or part of a candidate site identified in the draft report, at times to be determined after consultation with the public participation coordinator. Such public meeting shall be deemed to satisfy the public hearing requirements of section forty I of chapter seven. The board shall accept written comments on the report submitted within sixty days of the public notice of its availability. Prior to its acceptance of the draft report, the board shall consider and evaluate all comments and statements made at a public meeting or submitted in writing. (h) Upon receipt of the draft report, the secretary of the executive office of environmental affairs shall implement the public review and comment procedures established pursuant to section sixty-two C of chapter thirty; provided, however, that the review period established in such section shall not extend beyond the final date for acceptance of written comments by the board pursuant to this section. Within sixty days of the issuance of the draft report, said secretary shall issue a statement evaluating its technical adequacy and conformance with the regulations adopted under section fourteen. The said secretary shall transmit a copy of such statement to the board. (i) No less than seventy-five days and no more than ninety days after the issuance of the draft report, the board shall conduct a vote to determine whether to accept the report and to proceed with detailed site characterization of the candidate sites identified therein, or amend the report and proceed with detailed site characterization of the candidate site identified in the report as amended. Such a vote shall be based on the technical adequacy of the report and its conformance with the regulations adopted under section fourteen. If the board fails to accept or amend the report, the report shall be set aside and the procedures established in this section shall be repeated; provided, however, that the board shall issue its revised draft report within four months of the expiration of the time for it to accept or amend the previous candidate site identification report. (j) Upon the board's vote to proceed with detailed site characterization, the commissioner of capital asset management and maintenance shall, on behalf of the board, take appropriate action to acquire, by purchase or taking, pursuant to chapter seventy-nine, a determinable property interest in each candidate site identified in the candidate site identification report as accepted or amended by the board, or, in the case of real property of the commonwealth, to transfer the control and use of such property to the board. Acquisition or transfer of each such property interest shall be subject to the requirements of sections forty E to forty M, inclusive, of chapter seven; provided, however, that each candidate site shall be deemed to possess unique qualities for the purpose of section forty H of chapter seven. Such property interest shall be adequate to permit the conduct of detailed site characterization of the property, and to restrict the right to develop the property until a facility license is issued, pursuant to section thirty-one, to operate a facility at one of the candidate sites identified in the candidate site identification report as accepted or modified by the board.

M.G.L. c. 111H, § 21 Community supervisory committees; establishment

c. 111H, § 21. Community supervisory committees; establishment Section 21. (a) Upon issuance of the draft candidate site identification report, the board shall request the chief executive officer of each community in which is located all or part of a candidate site identified in such draft report to take appropriate action to establish a community supervisory committee for such community. Each community supervisory committee shall be composed of the chief executive officer or his designee, who shall serve as chairperson; the chairperson of the conservation commission or his designee; the chairperson of the board of health or his designee; the chairperson of the planning board or his designee; and three residents of the community nominated by the chief executive officer and approved by a majority vote of the city council or board of selectmen, who shall serve at the pleasure of the chief executive officer. (b) If the chief executive officer of such community fails to take appropriate action to establish a community supervisory committee within forty-five days of the issuance of the draft candidate site identification report, the board shall designate a committee to assume the responsibilities of the community supervisory committee for such community until such community supervisory committee is established. (c) The powers and duties of each community supervisory committee shall be: (1) upon the designation of candidate sites pursuant to section twenty, to represent the best interests of the candidate site community in the site selection process established pursuant to sections twenty, twenty-three and twenty-four; (2) upon selection of any superior site located within the community, to represent the best interests of the site community in the environmental review of, and licensing proceedings for the facility to be developed at such superior site and in the review and monitoring of facility operations; and (3) to designate an operator and technology pursuant to section twenty-seven; and (4) to receive and expend such technical assistance and planning funds as may be provided pursuant to this section. (d) The board shall, in accordance with the regulations adopted under section four, provide sufficient funds to each community supervisory committee to enable it to acquire administrative and clerical personnel and to retain consultants necessary to exercise the powers and duties established in this section. (e) Upon the expiration of thirty days after the selection of any superior site or, if a petition for an adjudicatory proceeding has been filed pursuant to section twenty-four, upon a final decision of the commissioner of the department of environmental protection approving the site selection, no further funds shall be provided, pursuant to this section, to community supervisory committees in communities other than a site community. Upon the execution of a comprehensive operating contract pursuant to section thirty-three, no further funds shall be provided to community supervisory committees in site communities pursuant to this section.

M.G.L. c. 111H, § 22 Requests for proposals for development, operation and closure of a facility; investigation and certification of applicants; contract

c. 111H, § 22. Requests for proposals for development, operation and closure of a facility; investigation and certification of applicants; contract Section 22. (a) Within sixty days of a vote, pursuant to section seventeen, to initiate site selection, and after consultation with the commissioner of capital asset management and maintenance the board shall issue a request for proposals for the development, operation, closure and post-closure observation and maintenance of a facility. The request for proposals shall conform to the regulations adopted under section fifteen, and shall include the most recent management plan adopted by the board under section twelve and a statement of procedures to be followed in responding to the request for proposals. The request for proposals shall require responses to be submitted by applicants within one hundred twenty days after its issuance. Each applicant shall be required to specify the terms under which it will participate in an advisory board that will assist in the planning and implementation of detailed site characterization pursuant to section twenty-four, and pay the board a fee of not less than ten thousand dollars at the time it submits its response to the request for proposals. Such fee shall be refunded only if the board fails to select a superior site, pursuant to section twenty-three, from among the candidate sites identified pursuant to section twenty. (b) Within sixty days of the final date for submission of responses to the request for proposals, the attorney general shall prepare an investigative report to the board and the community supervisory committees, on each applicant and its officers, directors, partners, principal owners, key personnel and proposed subcontractors, describing their record of compliance with environmental and related laws, regulations, permits and licenses. Each applicant shall annually by March first, submit to the state ethics commission and the inspector general, a report listing each expenditure made during the previous calendar year by an official, employee or representative of the firm, including consultants or subcontractors, to or for the benefit of an official, employee, or representative, including consultants, of the board, the department of public health, the department of environmental protection, the division of capital asset management and maintenance or any community supervisory committee. An officer of the firm shall certify the report as complete and accurate under pains and penalties of perjury. The state ethics commission, upon finding that there has been a violation of the reporting requirement set forth in this section, may issue an order requiring the violator to pay a civil penalty of not more than one thousand dollars for each day of violation and may file a civil action in superior court to enforce such order. (c) Upon the issuance of the draft candidate site identification report pursuant to section twenty, and after consultation with the commissioner of the division of capital asset management and maintenance, the board shall certify those applicants who satisfy the financial, technical and management criteria adopted under section fifteen. Such certification shall be accompanied by a report including a justification for the certifications made. Such report shall be distributed to each community supervisory committee, the applicants and all others making a timely request. No applicant who fails to be certified pursuant to this section shall be required to submit a report to the state ethics commission and the inspector general, in accordance with this section, for any year after the year during which the certification of applicants is made. (d) Within ninety days of the issuance of the draft candidate site identification report pursuant to section twenty, the board shall execute a contract with each certified applicant under which the applicant shall participate in an advisory board that will assist in the planning and implementation of detailed site characterization of the candidate sites identified pursuant to said section twenty.

M.G.L. c. 111H, § 23 Detailed site characterization plan for candidate sites; public review and comment; selection of superior site

c. 111H, § 23. Detailed site characterization plan for candidate sites; public review and comment; selection of superior site Section 23. (a) Each community supervisory committee shall assist the board in developing a detailed site characterization plan for a candidate site located within the community and participate throughout the implementation of such detailed site characterization plan. Appropriate board officials and consultants shall meet monthly with each community supervisory committee. Each community supervisory committee shall be kept informed of the progress of the detailed site characterization; be furnished copies of all data, reports and memoranda pertaining to said detailed site characterization including raw data, draft reports and memoranda; and given reasonable opportunity to review and comment upon all work performed. (b) Within thirty days of the acceptance of the candidate site identification report pursuant to section twenty, the board and the community supervisory committee shall jointly conduct a public meeting in each candidate site community to discuss the draft plan for the detailed site characterization of the candidate site located within such community. The detailed site characterization plan adopted by the board shall include investigations and tests, both in the field and in the laboratory, which shall be conducted so as to demonstrate whether the site complies with the site selection criteria adopted under section fourteen; to provide information necessary for licensing of any facility at the site pursuant to section thirty-one, including an evaluation of the ability of the site characteristics to contribute to isolation of waste, data necessary for the proposed design of such a facility, an identification of potential interactions between the site characteristics and any low-level radioactive waste or waste containers located at the site to establish data collection points and baseline data suitable for use in an environmental monitoring program adopted pursuant to section thirty-six; and to identify, for inclusion in any environmental impact report prepared pursuant to section thirty, potential environmental impacts resulting from the development, operation, closure, post-closure observation and maintenance or institutional control of a facility at the site. Prior to its adoption of the final plan, the board shall consider and evaluate all comments made at a public meeting or in writing. (c) Within one year and two months of the acceptance of the candidate site identification report pursuant to section twenty, the board shall issue a draft report of the detailed site characterization of each candidate site, and shall transmit a copy of such report to the secretary of the executive office of environmental affairs and the community supervisory committee. The draft report shall describe the procedures used to characterize each candidate site and establish that such procedures fully conform to the requirements of the regulations adopted under section fourteen. (d) Upon issuance of the draft detailed site characterization report, the board shall widely publicize its availability for public review and comment, and the commissioner of capital asset management and maintenance shall issue a notice, satisfying the requirements of section forty I of chapter seven, to all persons entitled thereby to review such notice. Within sixty days of the issuance of such report, the board shall conduct at least one public meeting on the report, in each candidate site community, at times to be determined after consultation with the public participation coordinator. Such public meeting shall be deemed to satisfy the public hearing requirements of section forty I of chapter seven. The board shall accept written comments on the report submitted by the community supervisory committee or any other interested person within sixty days of the public notice of its availability. (e) Upon receipt of the draft detailed site characterization report, the secretary of the executive office of environmental affairs shall implement the public review and comment procedures established pursuant to section sixty-two C of chapter thirty; provided, however, that the review period established in such section shall not extend beyond the final date for acceptance of written comments by the board pursuant to this section. Within seventy-five days of the issuance of the report, said secretary shall issue a statement evaluating its technical adequacy and conformance with the regulations adopted under section fourteen. The said secretary shall transmit a copy of such statement to the board and the community supervisory committee. (f) No sooner than seventy-five days and no later than ninety days after the issuance of the draft detailed site characterization report, the board shall conduct a vote to determine whether to accept or amend the report. Such a vote shall be based on the technical adequacy of the report and its conformance with the regulations adopted pursuant to section fourteen. Prior to its acceptance of the report, the board shall consider and evaluate all comments made at a public meeting or submitted in writing. If the board fails to accept or amend the detailed site characterization report, the report shall be set aside, and the procedures established in this section shall be repeated; provided, however, that the board shall meet with each community supervisory committee to discuss the draft plan for implementing the revised detailed site characterization within thirty days of the expiration of the time for the board to accept or modify the detailed site characterization report; and provided, further, that the board shall issue its revised detailed site characterization report within one year and two months of the expiration date of the time for the board to accept or amend the prior detailed site characterization report. (g) Upon voting to accept or modify a detailed site characterization report, the board may select any superior site by a two-thirds vote of its members. Upon such vote, the commissioner of capital asset management and maintenance shall, on behalf of the board, take appropriate action to acquire, by purchase or taking, pursuant to chapter seventy-nine, a fee simple interest in the superior site, together with such other land, easements, rights-of-way or other property interests necessary to construct and operate a facility thereon and to conduct an environmental monitoring program pursuant to section thirty-six, or, in the case of real property of the commonwealth, to transfer the control and use of such property to the board. Such acquisition or transfer shall be subject to the requirements of sections forty E to forty M, inclusive, of chapter seven; provided, however, that the superior site shall be deemed to possess unique qualities for the purposes of section forty H of said chapter seven. Upon the acquisition of such interest, each site community, during the period prior to the issuance of a facility license, shall be entitled to receive an amount in lieu of local property taxes in accordance with section seventeen of chapter fifty-eight. No facility developed at a superior site selected pursuant to this section shall be subject to the department of environmental protection site assignment pursuant to section one hundred and fifty B of chapter one hundred and eleven.

M.G.L. c. 111H, § 24 Petition by aggrieved person; adjudicatory proceeding

c. 111H, § 24. Petition by aggrieved person; adjudicatory proceeding Section 24. (a) Upon petition by any person aggrieved by an action taken pursuant to sections nineteen, twenty, or twenty-three, made within thirty days after selection of a superior site pursuant to section twenty-three, the commissioner of the department of environmental protection shall commence an adjudicatory proceeding concerning the selection of the site. Such adjudicatory proceeding shall commence within sixty days of the filing of said petition and shall be conducted in compliance with the requirements of section eleven of chapter thirty A. (b) In addition to the petitioner, the board and the site and neighboring communities shall be parties to the adjudicatory proceeding. Other aggrieved persons may intervene in accordance with the provisions of chapter thirty A. (c) Within thirty days after the close of the adjudicatory proceeding, the commissioner of said department shall issue a final decision approving or disapproving the selection of the superior site. The site selection shall be approved if said commissioner finds, based on substantial evidence presented during the adjudicatory proceeding, that the site satisfies the site selection criteria adopted under section fourteen. (d) The reasonable expenses of participation in the adjudicatory proceeding by site and neighboring communities, including attorney's fees, shall be reimbursed by the board in accordance with an order, specifying the amount and time for reimbursement, issued by the commissioner of the department of environmental protection at the time of the final decision. (e) Any person aggrieved by a decision of said commissioner pursuant to this section may seek judicial review thereof in the supreme judicial court in accordance with the standards provided for judicial review in section fourteen of chapter thirty A.

M.G.L. c. 111H, § 25 Phase III of the Low–Level Waste Management Act; selection of operator and technology

c. 111H, § 25. Phase III of the Low–Level Waste Management Act; selection of operator and technology Section 25. The selection of an operator and technology or technologies to be utilized at a facility to be developed at any superior site shall be, conducted in accordance with sections twenty-six to twenty-eight, inclusive, which shall be known and be cited as ''Phase III of the Low–Level Waste Management Act'', and in accordance with the regulations adopted under section fifteen. The provision of said sections twenty-six to twenty-eight, inclusive, and regulations shall be implemented so as to permit any site community to select the operator and technology or technologies that best ensure proper facility operation in order to protect public health, safety and the environment.

M.G.L. c. 111H, § 26 Community supervisory committee representatives, appointment; site community field offices, establishment

c. 111H, § 26. Community supervisory committee representatives, appointment; site community field offices, establishment Section 26. (a) Upon the expiration of thirty days after the selection of any superior site or, if a petition for an adjudicatory proceeding has been filed pursuant to section twenty-four, upon a final decision of the commissioner of the department of environmental protection approving the site selection, the board shall request the chief executive officer of each neighboring community to appoint a representative to the community supervisory committee of each site community. If the chief executive officer of a neighboring community fails to take such action within twenty-one days of receiving such request, the board shall make the appointment. (b) Within sixty days of the selection of any superior site or, if a petition for an adjudicatory proceeding has been filed pursuant to section twenty-four, within thirty days of a final decision of the commissioner of the department of environmental protection approving the site selection, the board shall establish a field office within a site community outside the boundaries of the superior site.

M.G.L. c. 111H, § 27 Certified applicant interviews; selection of operator of superior site facility

c. 111H, § 27. Certified applicant interviews; selection of operator of superior site facility Section 27. (a) No sooner than eleven months and no more than one year and two months after the acceptance of the candidate site identification report pursuant to section twenty, the community supervisory committee of each candidate site community shall interview those certified applicants who indicate their willingness to develop and operate a facility at a candidate site located within such community, and shall meet with the board or the commissioner of capital asset management and maintenance at the request of any of them to discuss any aspects of the certified applicants qualifications or responses to the request for proposals. (b) Each certified applicant interviewed shall be given an opportunity to submit to the community supervisory committee of the site community a written response to any question or requests made of such applicant, including a description of any necessary changes in the development, operation, closure, post-closure observation and maintenance and institutional control plans proposed to be implemented at the superior site and such other information that will allow the community supervisory committee to determine whether the applicant will be able to ensure proper facility operation in order to protect public health, safety and the environment and to serve the site and neighboring communities' interests, including any covenants proposed to be made by the applicant concerning transportation routing; access road construction; limitations on the hours or number of daily deliveries of low-level radioactive waste to the facility; the number of facility employees to be hired from among site, affected and neighboring community residents; and the amount of business to be contracted for with site, affected and neighboring community firms. Such written responses shall be submitted within sixty days of the selection of such superior site pursuant to section twenty-three. (c) No fewer than sixty days and no more than ninety days after the selection of any superior site pursuant to section twenty-three, the community supervisory committee of the site community shall select, from among the certified applicants interviewed, the operator of the facility to be developed at such site; provided, however, that, if the candidate site is situated in more than one community, such selection shall be made by a majority vote of the members of the combined community supervisory committees of the site communities. (d) If the community supervisory committee or committees fail to select an operator from among the certified applicants in accordance with this section, the board shall select such operator by a vote of its members. (e) The selection of an operator pursuant to this section shall not be subject to the requirement of section forty-four A of chapter one hundred forty-nine. (f) No certified applicant who fails to be selected as an operator pursuant to this section shall be required to submit a report to the state ethics commission and the inspector general, in accordance with section twenty-two, for any year after the year during which the operator is selected.

M.G.L. c. 111H, § 28 Execution of development contract

c. 111H, § 28. Execution of development contract Section 28. (a) Within sixty days of the selection of the operator pursuant to section twenty-seven, the board shall execute a development contract under which such operator shall be obligated to fulfill all of the requirements of the facility approval process established in sections twenty-nine to thirty-four, inclusive, in accordance with the plans submitted by the operator pursuant to section twenty-seven or any revision thereof approved by the board, and specifying a bond to be posted in an amount to be determined by the board, payable to the board and conditioned on the faithful performance of the obligations, agreements and covenants specified in the development contract. The bond shall provide that, if the operator defaults on the development contract, it shall pay to the board all damages sustained as a result of the default. The commissioner of capital asset management and maintenance shall assist the board in overseeing the operator's activities under the development contract and shall advise the board on the adequacy of such development activities. If no development contract is executed within sixty days of the designation of the operator or the required bond is not posted, the operator selection shall be set aside, and the procedures established in section twenty-seven shall be repeated in order to select a replacement operator; provided, however, that the community supervisory committee shall select such replacement operator within thirty days of the expiration of the time for the operator originally selected to execute the development contract or post the performance bond. (b) Within thirty days of the execution of the development contract, the operator shall establish a field office within a site community outside the boundaries of the superior site.

M.G.L. c. 111H, § 29 Phase IV of the Low–Level Radioactive Waste Management Act; facility approval and licensing

c. 111H, § 29. Phase IV of the Low–Level Radioactive Waste Management Act; facility approval and licensing Section 29. Facility approval and licensing shall be conducted in accordance with sections thirty to thirty-four, inclusive, which shall be known and be cited as ''Phase IV of the Low–Level Radioactive Waste Management Act'', and in accordance with the regulations adopted under section sixteen. The provisions of such sections and regulations shall be implemented so as to ensure an open and fair process for carrying out the environmental review and licensing of any facility for which a site, operator and technology have been selected pursuant to Phase III of the Low–Level Radioactive Waste Management Act and to require a comprehensive operating contract setting forth the rights and responsibilities of the board and the operator with respect to such facility.

M.G.L. c. 111H, § 30 Notice of intent to apply for facility license; environmental impact report

c. 111H, § 30. Notice of intent to apply for facility license; environmental impact report Section 30. (a) Except as otherwise provided in this section, the development, operation, closure, post-closure observation and maintenance and institutional control of a facility at any superior site shall be subject to sections sixty-one to sixty-two H, inclusive, of chapter thirty. No action taken pursuant to sections ten to twenty-eight, inclusive, shall be deemed to be a project within the meaning of section sixty-two of chapter thirty. (b) Upon execution of the development contract pursuant to section twenty-eight, the operator shall prepare a notification to the secretary of the executive office of environmental affairs of the operator's intent to apply for a facility license pursuant to section thirty-one and for such other permits, as defined in section sixty-two of chapter thirty, as may be required by law for the development or operation of a facility at the superior site. The contents of such notification shall substantially conform to the plans submitted by the operator pursuant to section twenty-seven or any revision thereof approved by the board. Upon approval of the contents of the notification by the board, after consultation with the community supervisory committee of each site community, the notification shall be filed with said secretary in accordance with the provisions of section sixty-two A of chapter thirty, and a copy thereof shall be transmitted to the department of public health. (c) Notwithstanding any provision of section sixty-two A of chapter thirty to the contrary, an environmental impact report shall be required on the proposed development, operation, closure, post-closure observation and maintenance and institutional control of a facility at any superior site. The report shall identify each community which can be expected to experience significant impacts as a result of the location, development, operation, closure, post-closure observation and maintenance and institutional control of the facility. In making a determination of the scope of the report pursuant to such section, the secretary of the executive office of environmental affairs may require an examination of only those candidate sites identified pursuant to section twenty as alternative sites for the facility. (d) The development, operation, closure, post-closure observation and maintenance and institutional control of a facility at any superior site shall be considered a major and complicated project within the meaning of section sixty-two A of chapter thirty. In establishing a specific procedure for evaluation and review of the environmental impacts of the project, said secretary shall appoint a citizens advisory committee in accordance with regulations adopted pursuant to such section to perform the functions established thereunder. The citizens advisory committee shall be composed of the members of the community supervisory committee of each site community and not more than six additional members selected by said secretary. (e) The public and agency review periods of thirty days for the notice of availability of any draft or final report established by section sixty-two C of chapter thirty shall each be extended for a period of thirty days. During periods for review of the draft environmental impact report, said secretary shall hold at least one public meeting on the report in each site community and additional public meetings in neighboring communities upon request by the chief executive officer of any such community. (f) The final facility license decision of the department of public health pursuant to section thirty-one shall not be subject to the requirements of section sixty-two D of chapter thirty.

M.G.L. c. 111H, § 31 Facility license application; public comment period; preparation of draft license or draft denial; final decision

c. 111H, § 31. Facility license application; public comment period; preparation of draft license or draft denial; final decision Section 31. (a) Upon the filing with the secretary of the executive office of environmental affairs of a notification pursuant to section thirty of intent to apply for a facility license, the operator may file a facility license application with the department of public health in accordance with regulations adopted under section sixteen. The license application shall be determined to be complete when said department finds that all information required by such regulations has been submitted and any additional requirements established by regulation adopted under said section sixteen have been satisfied; provided, however, that nothing in this section shall prohibit said department from requiring an operator to submit additional information necessary to evaluate the application at any time prior to the final license decision. Said department may summarily deny a facility license if the operator fails or refuses to correct deficiencies in the application. Such summary denial shall be accompanied by an explanation of the reasons for the denial. For each complete application, said department shall set a decision schedule in accordance with its regulations adopted under said section sixteen setting forth the date by which it intends to prepare a draft license or draft denial; and to issue a final license decision. Said department shall adhere to such decision schedule unless it finds that an extension of the schedule, not to exceed ninety days, is necessary to protect the public health or the environment, in which case said department shall adhere to such decision schedule as extended, provided, however, that nothing in this section shall authorize said department to issue a final facility license decision prior to action by the secretary of the executive office of environmental affairs on the final environmental impact report prepared pursuant to section thirty of this chapter and section sixty-two C of chapter thirty. (b) The public comment period on a facility license application shall commence upon the filing of the notification of intent to apply for a facility license pursuant to section thirty. The recommendations of the public participation coordinator, made pursuant to section six, shall be implemented to the extent feasible in order to ensure public participation in the facility licensing process; to ensure that adequate information concerning the facility licensing process is available; to facilitate the conduct of public meetings and other opportunities for public review and comment; and to ensure that public concerns are identified and addressed throughout the facility licensing process. The department of public health shall give notice of the commencement of the public comment period by mail to the applicant, the community supervisory committee of each site community and the board and by publication in accordance with regulations adopted pursuant to section sixty-two A of chapter thirty, in a daily or weekly newspaper of general circulation within each site and neighboring community, and by broadcasting on radio stations serving each such community. The public comment period shall continue for forty-five days after the issuance of a draft license or draft denial pursuant to this section; provided, however, that said department shall extend the public comment period if it issues a modified draft license, until forty-five days after the issuance of such a modified draft license. During the public comment period, any person may submit comments in writing on any aspect of the application or the draft license or draft denial; copies of all written comments and memoranda prepared or received by said department shall be made available to persons upon request; and said department shall conduct at least one public meeting on the license application and the draft license or draft denial within each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community. (c) For each complete facility license application reviewed pursuant to this section, the department of public health shall, after action by the secretary of the executive office of environmental affairs on a draft environmental impact report pursuant to section thirty of this chapter and section sixty-two C of chapter thirty, prepare a draft license or draft denial. A draft license shall include facility design and performance specifications and all conditions required to operate the facility. A copy of the draft license or draft denial shall be sent to the operator, the community supervisory committee of each site community, the board and, upon request, to other interested persons, and shall be accompanied by an explanation of the reasons therefor and a description of the procedures to be followed in reaching a final license decision. Such description shall include the date on which the public comment period is to end; the dates and locations of scheduled public meetings on the draft license or draft denial, the procedures to be followed by persons wishing to participate in the process leading to the final license decision, and the name, address and telephone number of the person within said department to contact for additional information. (d) A copy of the department of public health's final facility license decision shall be sent to the applicant, the community supervisory committee of each site community, the board, any person who submitted written comments during the public comment period and, upon request, to other interested persons. Such final decision shall be accompanied by a summary response to comments received during the public comment period and an explanation of the reasons for any difference between the draft license or denial and the final license decision.

M.G.L. c. 111H, § 32 [There is no 111H:32.]

M.G.L. c. 111H, § 33 Negotiation of comprehensive operating contract; contents

c. 111H, § 33. Negotiation of comprehensive operating contract; contents Section 33. (a) Upon issuance of a facility license pursuant to section thirty-one, the board, after consultation with the community supervisory committee of each site community, and the operator shall negotiate a comprehensive operating contract setting forth, consistent with the management plan adopted under section twelve, the rights and responsibilities of each party with respect to the facility and specifying that site, affected and neighboring communities are third party beneficiaries. The board and the operator shall execute such contract upon the appropriation of funds necessary to ensure that the board can satisfy the community compensation responsibilities thereunder. Such contract shall specify the terms on which the superior site is to be leased to the operator, shall set forth design and performance specifications for the facility, shall establish the right of the board to supervise all aspects of the development, operation, closure and post-closure observation and maintenance of the facility, and shall set the condition that must be satisfied prior to transfer of the facility license pursuant to section forty-six. The commissioner of capital asset management and maintenance shall assist the board in overseeing the development of the facility and shall advise the board on the adequacy of all development activities. The comprehensive operating contract shall also provide that the board may modify or terminate the contract if it determines that a change in the ownership or control, or in the directors or officers of the operator or a change in any of its principal subcontractors may adversely affect the safe development, operation, closure or post-closure observation and maintenance of the facility. In addition, the contract shall provide that: (1) The operator shall abide by all covenants proposed to be made to each site, neighboring and affected community in the application filed pursuant to section twenty-two or in any written statements submitted pursuant to section twenty-seven. (2) The board shall abide by any additional covenants undertaken for the benefit of site, affected or neighboring communities which it deems necessary and appropriate. Such covenants may include obligations to reimburse a community for road maintenance or reconstruction or other increased infrastructure costs resulting from siting, development or operation of a facility. (3) The operator shall annually pay to each site community, during the period commencing with the issuance of a facility license, pursuant to section thirty-one and ending with the transfer of such license to the board pursuant to section forty-six, a sum equal to the amount due to such community in real property taxes, provided, however, upon the transfer of the license from the operator to the board pursuant to section forty-six, each site community, during the period of institutional control, shall receive an amount in lieu of local property taxes in accordance with section seventeen of chapter fifty-eight. (4) The operator shall annually pay to the site community during the period of the facility's operation, a sum equal to four per cent of the annual gross operating receipts of the facility; provided, however, that, except during the first calendar year of a facility's operation, if the facility accepts less than one hundred thousand cubic feet of low-level radioactive waste in any calendar year, the sum to be paid to the site community pursuant to this section shall not be less than two hundred forty thousand dollars; if the facility accepts one hundred thousand cubic feet or more, but less than two hundred thousand cubic feet, of low-level radioactive waste in any calendar year, the sum to be paid to the site community pursuant to this section shall not be less than three hundred twenty thousand dollars; and if the facility accepts two hundred thousand cubic feet or more of low-level radioactive waste in any calendar year, the sum to be paid to the site community pursuant to this section shall not be less than four hundred thousand dollars; during the first calendar year of a facility's operation, the minimum sum to be paid to the site community pursuant to this section shall be prorated in accordance with a schedule to be agreed upon by the operator and the board. In addition to any other amounts paid pursuant to this paragraph, the operator shall pay one hundred and fifty thousand dollars per year, pro rata, to the site community during the period commencing with the opening of the facility and ending five years after the issuance of a facility license. If a facility is located in more than one community, all amounts paid pursuant to this paragraph shall be divided among the site communities in accordance with the formula established pursuant to section thirty-four. (5) The operator shall annually pay to the neighboring communities during the period of the facility's operation, a sum equal to one per cent of the annual gross operating receipts of the facility; provided, however, that, except during the first calendar year of a facility's operation, if the facility accepts less than one hundred thousand cubic feet of low-level radioactive waste in any calendar year, the sum to be paid to neighboring communities pursuant to this section shall not be less than sixty thousand dollars; if the facility accepts one hundred thousand cubic feet or more, but less than two hundred thousand cubic feet, of low-level radioactive waste in any calendar year, the sum to be paid to neighboring communities pursuant to this section shall not be less than eighty thousand dollars; and if the facility accepts two hundred thousand cubic feet or more of low-level radioactive waste in any calendar year, the sum to be paid to neighboring communities pursuant to this section shall not be less than one hundred thousand dollars; during the first calendar year of a facility's operation, the minimum sum to be paid to the site community pursuant to this section shall be provided in accordance with a schedule to be agreed upon by the operator and the board; and provided, further, that such sum shall be divided among such communities in accordance with formula established pursuant to section thirty-four. (6) The operator shall collect a surcharge, established pursuant to section thirty-eight, for the Low-level Radioactive Waste Trust Fund, established in section forty-one, and shall promptly remit the amounts collected, together with any interest accrued thereon, to the state treasurer as treasurer of such Fund. [There is no subsection (b).]

M.G.L. c. 111H, § 34 Community compensation

c. 111H, § 34. Community compensation Section 34. Any community compensation to be provided for site communities pursuant to the comprehensive operating contract shall be divided among such communities in the proportion that each community's population residing within three miles of the facility bears to the total population of site communities within such area. The community compensation to be provided for neighboring communities pursuant to the comprehensive operating contract shall be divided among such communities in the proportion that each community's population residing within three miles of the facility bears to the total population of such communities within such area; provided, however, that if the facility has no neighboring communities, such community compensation shall be divided among the site communities in accordance with the formula established in this section.

M.G.L. c. 111H, § 35 Phase V of the Low–Level Radioactive Waste Management Act; facility development, operation, and closure

c. 111H, § 35. Phase V of the Low–Level Radioactive Waste Management Act; facility development, operation, and closure Section 35. Facility development, operation, closure, and post-closure observation and maintenance shall be conducted in accordance with sections thirty-six to forty-four, inclusive, shall be known and be cited as ''Phase V of the Low–Level Radioactive Waste Management Act'', and in accordance with the regulations adopted by the department of public health under section sixteen. The provisions of such sections and regulations shall be implemented so as to provide for the safe and orderly development, operation, closure and post-closure observation and maintenance of any facility licensed pursuant to ''Phase IV of the Low–Level Radioactive Waste Management Act''.

M.G.L. c. 111H, § 36 Comprehensive environmental monitoring program; establishment

c. 111H, § 36. Comprehensive environmental monitoring program; establishment Section 36. (a) Within thirty days of the issuance of a facility license pursuant to section thirty-one; the department of public health shall, after consultation with the department of environmental protection and the board of health of each site community, establish a comprehensive environmental monitoring program at the facility site. Such program shall employ the best available monitoring technology and shall provide, to the maximum extent feasible, for the participation of officials and citizens of each site community and the training of such persons to facilitate their participation. The program shall be designed to establish baseline environmental data on the site; to determine compliance with applicable regulations, with conditions of the facility license and with terms of the comprehensive operating contract; to provide early warning of the magnitude and extent of any radionuclide migration; and to provide reliable environmental data throughout development, operation, closure, post-closure operation and maintenance and institution control of the facility. The program shall collect and analyze data concerning standing and running surface water and drainage; groundwater samples from offsite, site boundary and waste management area wells; soil and vegetation samples; atmospheric samples; and radiation measurements offsite, at the site boundary and in the waste management area. The board of health of each site community shall be entitled to obtain portions of the samples collected pursuant to the program for independent analysis by a laboratory certified to conduct such analyses by the United States Environmental Protection Agency. (b) The operator shall, according to applicable regulations and conditions of the facility license, cooperate with the environmental monitoring program and annually reimburse the department of public health and each site community for the costs thereof until the facility license is transferred to the board pursuant to section forty-six. A copy of all environmental monitoring records and analyses shall be kept at the board field office in the site community for public review. (c) The department of public health shall annually issue a report describing and evaluating the findings of the monitoring program. Within sixty days of issuance of such report, said department shall hold a public meeting in each site community and, upon request by the chief executive officer of such community, in each affected and neighboring community for public review and comment upon the findings contained therein. Said department shall consider and evaluate all comments made at such public meetings or submitted in writing within sixty days of the issuance of the report.

M.G.L. c. 111H, § 37 Commencement of facility construction

c. 111H, § 37. Commencement of facility construction Section 37. Upon the determination of the department of public health that the environmental monitoring program or detailed site characterization of the superior site has yielded representative baseline data, the operator may commence construction of the facility. The operator shall construct, install and, from time to time, in accordance with the regulations adopted under section sixteen and the conditions of its facility license, make additions or improvements to such structures and equipment as are necessary to operate the facility. Said department shall, in cooperation with officials of each site community and according to the regulations adopted pursuant to said section sixteen, periodically inspect such construction to ensure that such regulations and the conditions of the license are satisfied. The board shall appoint a resident engineer having the experience and expertise specified in section forty-two J of chapter seven, who shall represent the board daily at the superior site during the construction of the facility and who shall, in cooperation with officials of each site community, check, inspect and report to the board as to events at the construction site, in order to ensure that the terms of the comprehensive operating contract are satisfied. The commissioner of capital asset management and maintenance shall assist said department and the board in fulfilling their obligations under this section, and shall advise them on the adequacy of construction activities.

M.G.L. c. 111H, § 38 Payment by operator equal to expected annual operating budget; proposed fees and waste acceptance criteria schedule

c. 111H, § 38. Payment by operator equal to expected annual operating budget; proposed fees and waste acceptance criteria schedule Section 38. (a) Upon the issuance of a facility license pursuant to section thirty-one, and annually thereafter, until the facility license is transferred to the board pursuant to section forty-six, the department of public health shall establish a payment to be made by the operator equal to said departments expected annual operating budget for the next fiscal year for its activities with respect to the facility other than those for which reimbursement has been made pursuant to section thirty-six; provided, however, that such payment shall be adjusted by the amount of any operating deficit or surplus, previously incurred by said department with respect to such activities, in accordance with procedures established by regulation of said department. The operator shall make such payment to the commonwealth prior to the commencement of the fiscal year. (b) The operator shall annually submit to the board a proposed schedule of fees and criteria for acceptance of low-level radioactive waste. Such schedule shall be based on the classification system contained in the management plan adopted pursuant to section twelve, shall be designed so as to promote source minimization, volume minimization and storage for decay by generators, shall establish service charges for waste shipments found not to be in compliance with applicable regulations and conditions of the facility license, and shall establish fees which are adequate to reimburse the operator for all reasonable expenses of facility development and operation; all reasonable community compensation guaranteed to site, neighboring and affected communities in the comprehensive operating contract executed pursuant to section thirty-three; the department of public health's required annual payment established pursuant to this section; and a reasonable profit from the operation of the facility; and shall establish waste acceptance criteria, consistent with the management plan and adequate to assure proper and efficient operation of the facility; source minimization, volume minimization and storage for decay in compliance with the regulations adopted by said department pursuant to section thirteen; and conservation of facility resources. Such waste acceptance criteria shall specify that no low-level radioactive waste shall be accepted from an electric-power-generating facility if such waste requires management more stringent than the most stringent management required for any low-level radioactive waste which may be accepted at the facility from another generator. The operator's proposed schedule shall be accompanied by a certified audit of gross operating receipts from fees and surcharges imposed for acceptance of low-level radioactive waste at the facility during the current and prior fiscal years and a verification under oath that all compensation required to be paid by the operator to each site, neighboring and affected community by the comprehensive operating contract has been paid, and that all surcharges collected for the Low-Level Radioactive Waste Trust Fund have been remitted to the state treasurer in accordance with the requirements of the comprehensive operating contract executed pursuant to section thirty-three. All books and records of the operator shall be subject to audit pursuant to section twelve of chapter eleven. (c) The board, after notice and opportunity for hearing, shall approve, modify or reject the schedule of fees and waste acceptance criteria submitted by the operator and establish annually a schedule of surcharges for the Low–Level Radioactive Waste Trust Fund established in section forty-one. Such fees, criteria and surcharges shall be imposed as conditions of acceptance of all low-level radioactive waste at the facility until a new or revised schedule is approved by the board.

M.G.L. c. 111H, § 39 Determination of operator's compliance with comprehensive operating contract; notice to generators

c. 111H, § 39. Determination of operator's compliance with comprehensive operating contract; notice to generators Section 39. (a) Upon written notification by the operator that the facility is ready to accept low-level radioactive waste, and upon written notification by the department of public health that the facility is in compliance with all regulations and conditions of the facility license, the board shall determine whether the operator is in compliance with the comprehensive operating contract. If it is so determined, then the facility shall commence operation. (b) Within seven days of the board's determination, the operator shall notify all generators of the date on which the operator will accept low-level radioactive waste from such generators. Included in such notice shall be a statement of the terms, conditions and criteria for low-level radioactive waste acceptance at the facility.

M.G.L. c. 111H, § 40 Operation of facility; temporary or permanent closure; inspection report

c. 111H, § 40. Operation of facility; temporary or permanent closure; inspection report Section 40. (a) The facility shall be operated in accordance with this section and with regulations adopted under section sixteen. All shipments of low-level radioactive waste shall, upon arrival at the facility, enter the facility, but shall not proceed into the waste management area for unloading until inspected by the department of public health and found to be in compliance with applicable regulations and conditions of the facility license. Shipments found not to be in compliance shall proceed to a controlled area within the facility to await action to remedy the situation, and the board of health of each site community shall be so notified by the operator. Shipments found to be in compliance shall proceed into the waste management area for unloading. After a transport vehicle is unloaded and leaves the waste management area, it shall not leave the facility until it is again inspected by the department of public health and decontaminated, if necessary. (b) The department of public health, in consultation with the board, may issue an order temporarily or permanently closing a facility prior to its scheduled closing date if it finds that there is a potential hazard to public health, safety or the environment which justifies such temporary or permanent closure. A facility that is temporarily closed shall remain closed as long as necessary for remedial action and, in any event, throughout any period of facility clean-up and stabilization. Prior to authorizing the reopening of a temporarily closed facility, said department shall conduct at least one public meeting on the reopening in each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community, and shall issue a summary response to all comments made at such public meetings or made in writing during the time the facility is temporarily closed and an explanation of the reasons for authorizing the reopening. (c) The department of public health shall annually prepare a report summarizing its inspection and enforcement activities with respect to the facility and shall transmit a copy of such report to the board and the board of health of each site community.

M.G.L. c. 111H, § 41 Contingent liability account; institutional control account

c. 111H, § 41. Contingent liability account; institutional control account Section 41. (a) There is hereby established within the Low–Level Radioactive Waste Trust Fund, a contingent liability account and the institutional control account. The board shall determine annually the amount of revenues, raised from the surcharges imposed pursuant to section thirty-eight, that shall be deposited within each account; provided, however, that after such deposits, no amounts so deposited may be transferred between such accounts. (b) The contingent liability account shall be used to pay compensation for injuries to persons, land or property resulting from the management of low-level radioactive waste pursuant to section nine. (c) The institutional control account shall be used to pay institutional control costs pursuant to sections nine and forty-seven. The account shall be used by the board to purchase insurance coverage or otherwise to ensure the availability of funds to meet liability claims during the institutional control period; provided, however, that no portion of the monies held in the institutional control account may be used to satisfy judgments or settlements pursuant to section nine or for any other purpose other than institutional control of a facility.

M.G.L. c. 111H, § 42 Administration of the Low–Level Radioactive Waste Trust Fund

c. 111H, § 42. Administration of the Low–Level Radioactive Waste Trust Fund Section 42. The Low–Level Radioactive Waste Trust Fund, established by section thirty-five H of chapter ten, shall be administered by the board, without liability on the part of the commonwealth beyond the amounts credited to and earned by the fund. The treasurer shall make payments from accounts of said fund upon receipt of a warrant listing all payments to be made and the accounts to be debited, which has been approved in writing by the board. The state treasurer shall on or before July first of each year, submit to the board, the governor, the clerk of the senate and the clerk of the house of representatives, an annual report for the previous fiscal year. Said report shall include a statement of the revenues and disbursements of said Fund for the fiscal year, the balance at the beginning and the end of the fiscal year for each account within the trust fund, and any other information the treasurer deems appropriate.

M.G.L. c. 111H, § 43 Facility closure plan

c. 111H, § 43. Facility closure plan Section 43. (a) At least one year prior to the date scheduled for facility closure in the facility closure plan required to be prepared and maintained by regulations issued pursuant to section sixteen, the operator shall submit such plan to the department of public health and the management board. Said department shall conduct a public meeting on the plan at times to be determined after consultation with the board in each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community. The board shall participate in each such public meeting. Said department shall accept written comments on the plan submitted by any interested person within forty-five days of the public notice of the availability of the plan. Prior to its acceptance of the plan said departments shall consider and evaluate all comments made at a public meeting or submitted in writing. (b) Upon acceptance of such plan by said department and the board, the operator shall implement such plan according to the closure schedule contained therein. Said department shall, in cooperation with appropriate officials of each site community and according to regulations adopted pursuant to section sixteen, periodically inspect the operator's implementation of the facility closure plan to ensure that such regulations and the conditions of the facility license are satisfied. The board shall, in cooperation with appropriate officials of each site community, periodically, inspect the operator's implementation of the facility closure plan to ensure that the terms of the comprehensive operating contract are satisfied and that steps necessary to allow the board to accept transfer of the facility license pursuant to section forty-six are taken.

M.G.L. c. 111H, § 44 Active observation and maintenance of facility

c. 111H, § 44. Active observation and maintenance of facility Section 44. Upon completion of site closure activities, the operator shall, for no less than five years thereafter, engage in active observation and maintenance of the facility in accordance with regulations adopted pursuant to section sixteen and the conditions of the facility license. By the end of such time, the operator shall transfer all records of its development, operation, closure and post-closure observation and maintenance of the facility to the board.

M.G.L. c. 111H, § 45 Phase VI of the Low–Level Radioactive Waste Management Act; institutional control of facility

c. 111H, § 45. Phase VI of the Low–Level Radioactive Waste Management Act; institutional control of facility Section 45. Institutional control of a facility shall be conducted, subject to appropriation, in accordance with sections forty-six and forty-seven, which shall be known and may be cited as ''Phase VI of the Low–Level Radioactive Waste Management Act'', and in accordance with the regulations adopted pursuant to section sixteen. The provisions of these sections and regulations shall be implemented so as to provide for the safe and orderly institutional control of a facility following transfer of the facility license from the operator to the board.

M.G.L. c. 111H, § 46 Transfer of facility license from operator

c. 111H, § 46. Transfer of facility license from operator Section 46. (a) No sooner than five years after the implementation of the site closure plan pursuant to section forty-four, the board shall accept transfer of the facility license from the operator, if it determines that the operator has fulfilled all of its obligations under the comprehensive operating contract executed pursuant to section thirty-three. No fewer than ninety days prior to such vote, the board shall issue a draft plan for institutional control of the facility in accordance with the regulations adopted under section sixteen for public review and comment. The board shall conduct a public meeting on the plan of each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community. The board shall accept written comments on the plan submitted by any interested person within forty-five days of the public notice of the availability of the plan. Prior to its vote to accept transfer of the license and adopt the plan, the board shall consider and evaluate all comments made at a public meeting or submitted in writing. (b) Upon the board's decision to accept transfer of the facility license the department of public health shall, after notice and opportunity for hearing, determine whether to allow such transfer. The decision of said department to approve facility license transfer shall be based on a determination that the operator's obligations under section forty-four have been fulfilled and that the board's program for institutional control of the facility is adequate to protect the public health, safety and the environment. Such decision shall specify, based on the characterization of the facility and of the low-level radioactive waste present at the site, a period of time during which institutional control shall continue, or a procedure for approving termination by the board of institutional control following a specified period of time. The institutional control period shall not be less than the minimum time required for any low-level radioactive waste present at the site to decay to the maximum concentrations above natural background levels permitted to be released into air or water in unrestricted areas under federal and state law. (c) The operator shall not be required to submit a report to the state ethics commission and the inspector general, in accordance with section twenty-two, for any year after the year during which the facility license is transferred pursuant to this section.

M.G.L. c. 111H, § 47 Institutional control of facility; annual report; public meetings

c. 111H, § 47. Institutional control of facility; annual report; public meetings Section 47. The board shall be responsible for institutional control of the facility in accordance with the program approved by the department of public health and regulations adopted pursuant to section sixteen. The board shall annually issue a report of its institutional control of the facility for public review and comment. Within sixty days of issuance of such report, the board shall hold a public meeting in each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community. The board shall consider and evaluate all comments made at such public meetings or submitted in writing within sixty days of the issuance of the report. Said department shall issue an annual report of the supervision of such institutional control activities for public review and comment. Within sixty days of issuance of such report, said department shall hold a public meeting in each site community and other public meetings in neighboring communities, upon request by the chief executive officer of such community. Said department shall consider and evaluate all comments made at such public meetings or submitted in writing within sixty days of the issuance of the report.

M.G.L. c. 111H, § 48 Statutes not applicable

c. 111H, § 48. Statutes not applicable Section 48. The selection of an operator and the development of a facility pursuant to this chapter shall, for the purposes of section forty-two B of chapter seven, be construed as an alternative method of design and construction services approved by the legislature, and shall not be subject to sections thirty-eight A1/2 to thirty-eight N, inclusive, of said chapter seven or of sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111HFetched: 10/20/2026