2009 TRANSFER STATION COMMENTS6 Oakland Street
Salem, MA 01970
December 5, 2009
David Greenbaum, Health Agent
Salem Board of Health
120 Washington Street, 4th Floor
Salem, MA 01970
RE: Comments for Board of Health Consideration on the
Request for Minor Modification to Existing Site Assignment
Salem Transfer Station, 12 Swampscott Road
Dear Mr. Greenbaum:
DEC
o ioog
BQAfj0 OF N�M
7}1
As a Public Health professional with experience in review of redevelopment plans
pertaining to environmentally complicated and sensitive sites, I can understand the task at
hand for the Board of Health regarding the Transfer Station site. In an effort to share
some of my experience in dealing with these types of properties, I offer the following
comments for consideration by the Board of Health.
Environmental Contamination and Landfill Closure
These items have been outstanding for years and the DEP has been lax in requiring them
to be addressed. Should the site assignment transfer be allowed, with the City no longer
the DEP assigned responsible party, there could be more pressure put on the DEP by the
City to require compliance and remediation. Perhaps a deadline for compliance/closure
could be built into the conditions of approval (probably not through the BOH but the City
Council) to ensure compliance, and locally issued fines could be attached in the event
compliance is not met.
Stormwater Controls
The proposed stormwater control plan appears to provide for proper TSS removal and
allows for stormwater to be cleaned of sediment and debris prior to outfall into the Forest
River. The key to any good "control' system is proper and enforced Operations and
Maintenance (O&M). Built into the Orders of Condition from the Conservation
Commission are conditions for annual sweeping and cleanout of the stormwater system.
If possible, built in penalties for non-compliance should be considered.
Bag House and Odor Control Mechanisms
At the hearing it was indicated that the proponent considered installation of a bag house
for air filtration, but concluded that installation of such a mechanism was cost prohibitive
and thus the DEP would not require it. That language has been in the DEP regulations for
Comments for BOH Consideration
Request for Minor Modification to Existing Site Assignment
Salem Transfer Station, 12 Swampscott Road
December 5, 2009
years when it comes to evaluation of any remedial effort. In an effort to get Northshore
Carting to be a good neighbor, and quell some of the fears and concerns for rogue
emissions from the station, they should be required to install a bag house with proper
filtration to control dust emissions. All dusty operations are required to do this (i.e.
concrete plants). Because unacceptable or hazardous materials could inadvertently enter
the waste stream handled at the Transfer Station, this measure would offer control for
these emissions.
Odor control filtration could also be required. Since Northshore Carting is indicating that
they will have good control of the interior atmosphere of the plant, they should ensure
that none of the interior air is emitted into the environment where it would pose a
nuisance. The nuisance odor complaints will come into the Board of Health, so a
condition to prevent the inevitable nuisance condition would be valuable.
This is where an expanded Transfer Station 0&M plan could be effective. Would it be
possible for the Board of Health to require quarterly inspections by the Board of Health
or other City Official to ensure the O&M provisions are being met? There could be an
annual fee to Northshore to cover these inspections and a fine if there are violations.
I respect the difficult deliberations before the Board of Health. While many of the above
comments may have been on your agenda or presented by the consultant, I just wanted to
present, for your consideration, some of the conditions I have recommended to my Board
in the past during similar deliberations.
Sincerely,
141 �A�A
Heidi Porter
Young World Academy
3 Green Ledge Street
Salem, MA 01970
Phone(978)744-4514 /Fax(978)744-0530
City of Salem
Health Department and the Board of Health
120 Washington Street,41h Floor
Salem, MA 01970
December 10, 2009
To the Health Department and Board of Health Members:
Northside Carting(NSC), its lawyers and affiliates have made it difficult for the Board to
clarify and proceed with the site assignment review process. This is not the fault of the
board. However, if the board does not understand the critical issues at hand, exercising
caution in review of the material presented is tantamount. Otherwise, there is a risk of
creating greater and more challenging liabilities for the city and its residents. .
If the board is back -fogged with a lot of other work and the applicant is demanding that
the board vote, as they were pushing for in the last meeting, then the prudent and obvious
vote would be non-acceptance of "Site Suitability". If they want to push, then you
should all push back and do what's right for the community. We, the city residents, are
tired of big business pushing their way around. The residents of Salem look up to you,
as you are the backbone for a healthier community!
The board should not undertake what the client should have and failed to provide, factual
and adequate reports by which to base analysis. You are not traffic engineers. At least I
don't think so. NSC has violated its application before the board by advocating that its
application is for a "Minor Modification to Site Assignment', when in fact it is a "Major
Modification to Site Assignment".(3I OCMR 16:22). Moreover, the applicant has not met
all the criteria outlined in the Site Assignment Regulations of the D.E.P. (310CMR) and
as noted in our complaint. Please read it thoroughly... thank you!
Thus far, the Board of Health has not met the criteria for "Review of Application for
Completeness." D.E.P. CMR 16.10. Please do so and not accept NSC's application and
save the city future liability and potential litigation expenses. Area residents and
businesses are counting on you....
Sincerely,
A
7Yrthur Theop ' opou s
Executive Director/Owner
HACKIE
SHEA
O'BRIENY
COUNSELORS AT LAW
420 Boylston Street, Boston, MA 02116 • p 617 266 5700 f 617 266 5237
www.lawmso.com
December 10, 2009
David Greenbaum °§ ry py ,y
Salem Board of Health w
120 Washington Street DEC , w
Salem, MA 01970
60AFir)r hTM
Re: Northside Carting, Inc. Site Assignment
Dear David:
Enclosed for filing is the original Attestation signed by Dale Raczynski.
Enclosure
cc: Elizabeth Rennard, City Solicitor
Kenneth F. Whittaker, Ph.D.
Veerr/y� truly yours,
Thomas A. Mackie
CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
ATTESTATION OF TESTIMONY
I, Dale Raczynski, hereby swear that the testimony that I have given before the
Salem Board of Health and documents filed by me in the public hearing on minor
modification to site assignment is the truth, the whole truth and nothing but the truth so
help me God.
Date: November 25, 2009
Dale Raczynski
1
' HI°Pemd `x L
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
310 CMR 16.00: SITE ASSIGNMENT REGULATIONS FOR SOLID WASTE FACILITIES
Section
PART 1: PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT
APPLICATIONS
16.01: Purpose and Authority
16.02: Definitions
16.03: Tare
16.04: Severability
16.05: Applicability
16.06: Prohibitions
16.07: Certification
16.08: Site Assigmnem Application Submission Requirements
16.09: Public Access to Application
16.10: Review of Application for Completeness
16.11: Review Period
16.13: Department Report On Suitability (Report)
16.14: Reconsideration ofFindings
16.15: Further Action on Application
16.16: Requests for Technical Assistance from the Department
16.17: Application Review by the Department of Public Heahh
16.18: Waiver
PART 11: BOARD OF HEALTH PUBLIC HEARINGS
16.20: Public Hearing Rules
16.21: Ahemative Use ofAssig ed She
16.22: Modifications to and Rescissions and Suspensions of Site Assignments
PART III: APPLICATION FEE
16.30: Fees
PART IV: SITE SUITABILITY CRITERIA
16.40: Site SuitabtldyCriteria
16.99: APPENDIXA
16.01: Purpose and Authority
(1) Pumose. 310 CMR 16.00 is composed of four Parts pertaining to the process for deciding
whether a parcel of land is suitable to serve as the site for a solid waste management facility. The first
Part describes the procedures for submitting an application to the Department and the board of health
for site assignment and sets forth the review process used by the Department in determining whether
a site ssuitable. Part Isintended toprovide forthecomplete submission ofinfor ationnecessaryfor
detemni niug site suitability and for extensive opportunity for public comment within a relatively short
review period. The second Part sets forth Hiles govemiugthe Public Hearing to be held by the board
ofhealth for the purpose of assigning a site. The third Part sets forth the process by which the board
ofheakh assesses the Application Fee and the allowed expendinres of those fiords for reviewing the
application and conducting the public hearings. The final Part establishes the site suitability criteria that
are to be applied by the Department and the board ofbeahh in determining whether a sites suitable.
Part IV is intended to make the siting of facilities subject to consistent standards and provide for the
protection ofpubfic health and safety and the environment. Protection of public health, safety arid the
environment is primarily the prevention ofpollution fromthe site, but also encompasses the fiaretion of
the site within an integrated solid waste mi magement system which maximizes material reuse and
conservation of natural resources.
(2) Authority. 310 CMR 16.00 is promulgated by the Department of Environmental Protection
pursuant to M.G.L. c. 21A, §§ 2 and 8 and c. 111, §§ 150A and 150A%x.
Young World Academy
3 Green -Ledge Street
Salem, MA 01970
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.02: Definitions
The following words when used herein, except as otherwise required by the context, shall have the
following meadatg:
Abutter means the owner of land sharing a common boundary or comer with the site ofthe proposed
activity in any direction, including but not landed to, land located directly across a street, way, creek,
river, stream, brook or canal.
Adiacent Area means a parcel of land contiguous to a site or inclose enough proximity to be directly
impacted by water, air or soil home pollutants, riot exceeding a %a milt radius from the site.
Adverse Impact means an injurious armpact which is significant in relation to the public health, safety,
or environmental interest being protected.
Agiouhtual Waste means discarded organic materials produced fromthe rasing ofplans and annals
as part of agronomic, horticultural or smlvicuataal operations, including but not limited to, animal
manure, beddingmaterials, plan stalks, leaves, othervegetative matterand discarded by-products from
the on-farm processing of fruits and vegetables.
Applicant means the person named in the application as the owner ofa property interest in the site or
the operator ofthe proposed facility where the owner has entered into an agreement with an operator
at the time the application is Sled.
Area of Critical Environmental Concent (ACECI means an area designated by the Secretary of the
Executive Office of Environmental Affairs pursuant to 301 CMR 12.00: Areas of Critical
Environmental Concern.
Asphalt Pavement, Brick, and Concrete Rubble means nubble that contains only weathered (cured)
asphalt pavement, clay bricks and attached mortar normally used in construction, orconcretethat may
contain rebar. The nibble shall be clean and not painted, coated or impregnated with any substance.
The rubble shall riot be mixed with or contaminated by arty other wastes or debris.
Backyard Conmosta a means the composting of organic solid waste, such as grass clippings, leaves
or brush generated by a homeowner or tenant ofa single or rrnittfam ily residential unit or an apamnent
complex unit, where composting occurs at that dwelling place.
Cathode Ray Tube. CRT or Intact CRT means an intact glass tube used to provide the visual display
in televisions, computer monitors, oscilloscopes and sarular scientific equipment, but does not include
the other components of an electronic product containing a CRT even ifthe product and the CRT are
disassembled.
Combustion Fac: il ty means a Sncilayemployi ng an enclosed system using controlled flame combustion,
the primary purpose ofwhich is to thermally break down sold wastes, produci ngash that contains link
or no combustible materials.
Connrissioner means the Conrtmssioner of the Department of Environmental Protection or his or her
designee.
Compostable Material means anorgenic material, excluding waste water treatment residuals, that has
thepotenttialto be composted, which is pre-sorted and not contaminated by significantamounts oftoxic
substances.
Compos tune means a process ofaccelerated biodegradation and stabilization oforgnic material under
controlled conditions yielding a product which can safely be used.
Construction and Demolition Waste means the waste building materials and rubble resulting from the
construction, remodeling, repair or demolition of buildings, pavements, roads or other structures.
Construction and demolition waste includes but is not Im ited to, concrete, bricks, lumber, masonry,
road paving materials, mbar and plaster.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.02: continued
CRT Operation means an area or works other than a household that is used for the collection, storage,
transfer, containment, or handling ofNon-conincday CRTs. The CRT Operation is the place where
the defemination of whether a CRT is a Non -commodity CRT is made.'
DeuamreM means the Department of Environmental Protection.
Department Report on Suitability means the report issued by the Department pursuant to M.G.L.
c. 111, § 150A, stating whether a site proposed for a solid waste management facility in an application
for a site assignment is suitable.
Disposal means the final durnping, landfilling or placement of solid waste into or on any land or water
or the incineration of solid waste.
DsposalFacBav means any solid waste combustion facility rated by the Department at more thanone
ton per hour or any landfill.
Downaadient means:
(a) in reference to surface water, the direction perpendicular to lines of equal elevation over a
distance in which elevation continuously decreases, measured from the point or area in question;
or
(b) in reference to groundwater, the direction perpendicular to tines of equipotential over a
distance in which total head continuously decreases, measured from the point or area in question
Existing Public Water Swply see Public Water Supply.
Expand a Site means to move a solid waste faciliy�s operation to a previously unassigned site that is
contiguous to the original site or to modify a solid waste facmlityf s operations causing it to exceed any
capacity or total votirre Brit stated in its current site assignment.
Facility means an established site or works, and other appurtenances thereto, which is, has been or will
be used for the handling storage, transfer, processing, treatment or disposal of so lid waste including
all }and, structures and improvements which are directly related to solid waste activities.
Food Material means source separated material produced from human food preparation and
consumption activities at homes, restaurants, cafeterias, or dining halls which consists of fntas,
vegetables and gays, fish and animal products and byproducts, and soiled paper unsuitable for
recycling.
Handling Area meats an area used for the transfer, storage, processing or treatment of solid waste,
excluding weigh stations or access roads.
HardlmgFacility means arty facility that is not a disposal facility, for example transfer stations, storage
facilities and other facilities used primarily for the storage, processing or treatment of solid waste.
("Handling faculty" includes recycling facilities and composting facilities that are required to obtain a site
assignment pursuant to 310 CMR 16.05)
Infectious Waste means 'Infectious Waste or Physically Dangerous Medical or Biological Waste" as
defined in 105 CMR 480.000, Department ofPub He Health, State Sanitary Code and includes: blood
and blood products; pathological waste; cultures and stocks of infectious agents and associated
biologicals; contaminated animal carcasses, body parts and bedding sharps; and biotechnological
by-product effluents.
a c�e,r �fication s that an operation poly hand' �RErRrgdityCRTs isnot g CRT 0 erat'on 7
ar4y that accepts CRTs fir resale s not regu�tl it a doesn t make the tleteumina�ion that a CR'r
is not a commodity CRT, but rather leaves that determination to its transferees.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.02: continued
Interum Wellhead Protection Area aWPAI means that wellhead area established tinder 310 CMR
22.02: Drinking Water.
land Actively Devoted to ASkuhmal or Horticultural Uses means that land as defined at M.G.L.
c. 61A, § 3.
Laldfilt means a facility or part ofa facility established in accordance with a valid site assignment for
the disposal of solid waste into or on land.
New Site means a parcel of land for which an applicant seeks site assignment as a solid waste facility
which has not been previously assigned and is not contiguous to an existing site assigned area.
Non-ooteraial Drinking Water Source Area means that area defined by 310 CMR 40.0006:
Massachusetts Contingency Plan.
Non-cornmodity CRT means a CRT that has been determined will not be retained to service as an
operable CRT, and has riot been disposed.' CRTs that are disposed of intact, and CRTs that are
crushed or ground up (excluding monochrome CRTs) are subject to 310 CMR 30.000.
Ooemtor means anyperson who has care, charge or control of a facility subject to 310 CMR 16.00,
including without limitation, an agent, lessee of the owner or an independent contractor.
Perennial Water Course means a stream or river that flows year round.
Person(s) means any individual, partnership, association, firm, company, corporation, deparnrer i,
agency, group, public body (unlading a city, town, district, county, authority, state, federal, or other
govemmental unit) or any other entity responsible in any way for an actively subject to 310 CMR
16.00, but not including an agency of the Comrncmveahh.
Pollution shall have the same meaning as in 310 CMR 19.006: Solid Waste Management.
Post -Consumer Recvclabies means the following materials which have served their intended end use
and have been pre-sorted:
(a) containers, films and wraps and other fours ofpackaging made from metal, glass, plastic or
paper, and
(b) newspaper, office paper, cardboard and other grades of paper.
Potential Private Water Supy means a Class I aquifer as defined at 314 CMR 6.03: Ground Water
Quality Standards, as maybe amended, capable of yielding water of sufficient quality and quantity
which is located under a parcel ofland that at the time ofthe earlier ofthe following two filings, the Site
Assignment Application or, where applicable, the Massachusetts Environmental Policy Act
Environmental Notification Form, is:
(a) zoned residential or commercial;
(b) not served by a public water supply; and
(c) subject to a subdivision plan or a building permit application approved by the appropriate
municipal authority.
Potentially Productive Aquifer means:
(a) all aquifers delineated by the U.S. Geological Survey (USGS) as a high or medium yield
aquifer, and
(b) an aquifers located east of the Cape Cod Carel (Cape Cod), on the Elizabeth Islands, on
Martha's Vineyard, or on Nantucket.
' The impGcatkm is that all CRTs are recyclable once they are determined not to be commodities as
operable CRTs, but it takes an affirmative determination for a CRT to convert from a commodity.
Note: The hazardous waste regulations do not apply to households.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.02: continued
Pre -Sort means to segregate a material for reuse, recycling or composting by preventing the material
from being conmmngled with solid waste at the point of generation or to separate and recover the
material from solid waste at a processing Jack. Pre-sorting does not require the recovery or
separation of non -recyclable components that are integral to a recyclable product (e.g. insulation or
electronic components in white goods).
Private Water Supply means a well used as a source ofdrinking water supplying a non-public water
system with any volume of groundwater from any source.
Processing means the use of any method, technique or process to reduce the volume or alter the
physical characteristics of sold waste or recyclable or cornpostable materials through arry means,
including without limitation, separating baling shredding, coshing or reworking.
Proposed Drinking Water Source Area means the prelunmary Zone 11 or the prelioinary IWPA for
a proposed water supplywell that has received a site exam approval bythe Department and is actively
pursuing source approval under the Drinking Water Regulations at 310 CMR 22.21(1): Source
Approval.
Public Water Supply means a source of drinking water supplying a public water system as defined in
310 CMR 22.00.
Recyclable or Recyclable Material means a material that has the potential to be recycled and which is
Pre-sorted and not contaminated by signifcart amounts oftoxic substances.
Recycle means to recover materials or by-products which are:
(a) reused; or
(b) used as an ingredient or a feedstock in an industrial or manufacturing process to make a
marketable product; or
(c) used in a particular function or application as an effective substitute for a controorcial product
or commodity.
'Recycle" does not mean to recover energy from the combustion ofa material.
Recycling Drop -Off Center means a location where pre-sorted post -consumer recyclables are
deposited by the generators of the recyclables for collection and transfer to a facility for processing or
directly to a market.
Regional Disposal Fac giv means a solid waste facility that is a member of regional disposal district
established in accordance with M.G.L. c. 40, § 44K, or a solid waste facility that receives substantial
quantities of solid waste on a regular bass from two or more municipalities.
Residue means all solid waste remaining after treatment or processing and includes, without lirritation,
ash, material which is processed for recycling or composting but is unmarketable or speculatively
accumulated due to its inferior quality and other solid waste which is not recovered. Non -recyclable
materialwhich is integral to a pre-sorted recyclable product shag not constitute residue for the purpose
of calculating residue generation rates.
Restricted Area means an area specified in 310 CMR 16.40(3) and (4) from which a solid waste
management facility is excluded.
Review Period means the 60 dayperiod during which the Department shag review the Site Assignment
Application and issue the Department report.
Riverfront Area means that area defined by 310 CMR 10.00: Wetlands Protection.
Site Assimnent means a determination by a board of health or by the Department as specified in
M.G.L. c. I11, § 150A which:
(a) designates an area ofland for one or more solid waste uses subject to conditions with respect
to the extern, character and nature ofthe facility that may be iriposed by the assigning agency after
a public hearing in accordance with M.G.L. c. 111, § 150A; or
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.02: continued
(b) establishes that an area of land was utilized as a site for the disposal onto land of solid waste
or as a site for a refine disposal incinerator prior to July 25, 1955. The area of land site assigned
under 310 CMR 16.02: Site Assienmert shall be limited to the lateral limits ofthe waste deposition
area ("the footprint'), or the area occupied by the incinerator, as they existed on July 25, 1955,
except as otherwise approved by the Department inapproved plans. Said assignment shall apply
only to uninterrupted sold waste disposal activities within the footprint or plan -approved area and
shall have no legal force or effect at any time after the cessation of disposal activities except as
otherwise provided at 310 CMR 16.21.
Sludge means the accumulated solids and/orsemsofids deposited or removed bythe proressi ngand/or
treatment of gasses, water or other thus.
Sole Source Aquifer means an aquifer so designated by the U.S. EmQonmettal Protection Agency,
or by the Department under the authority ofa state program as maybe established, that supplies 50%
or more of the drinking water for the aquifer service area, and the volume of water which could be
supplied by alternative sources is insufficient to replace the petitioned aquifer should it become
contaminated.
Solid Waste or Waste means useless, unwanted or discarded solid, liquid or contained gaseous
material resulting from industrial, commercial, min ng, agricultural, municipal or household activities that
is abandoned by being disposed or incinerated ors stored, heated or transferred pending such
disposal, incineration or other treatmert, but does not include:
(a) hazardous wastes as defied and regulated pursuant to 310 CMR 30.000;
(b) slidge or septage which is land applied in compliance with 310 CMR 32.00;
(c) waste -water treatment facility residuals and sludge ash fiomertherpublicly orprivately owned
waste -water treatment facilities that treat only sewage, which is treated and/or disposed at a site
regulated pursuant to M.G.L. c. 83, §§ 6 & 7 and/or M.G.L. c. 21, §§ 26 through 53 and the
regulations promulgated thereunder, unless the waste -water treatment residuals and/or sludge ash
are co -disposed with solid waste;
(d) septage and sewage as defined and regulated pursuant to 314 CMR 5.00, as may be
amended, and regulated pursuant to either M.G.I. c. 21, §§ 26 through 53 or 310 CMR 15.00,
as may be amended, provided that 310 CMR 16.00 does apply to solid waste management
facilities which co -dispose septage and sewage with solid waste;
(e) ash produced from the combustion of coal when reused as prescribed pursuant to M.G.L.
c. I11, § 150A;
(f) sold or dissolved materials to irrigation return flows;
(g) source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954,
as amended;
(h) - those materials and by-products generated from and reused within an original manufacturing
process; and
() compostable or recyclable materials when composted or recycled irkanoperation riot required
to be assigned pursuant to 310 CMR 16.05(2) through (6).
Solid Waste Management Facnlity (see'Facky)
Speculative Accumulation means the accumulation or storage of recyclable or compostable material
where the recycling or composting of the material is not occurring or cannot reasonably be expected
to occur in the future. Any recyclable or compostable material that is speculatively accumulated is
deemed to be a solid waste. Speculative accumulation arses when:
(a) it is not feasible to recycle or compost the material; or
(b) less than 75% byweight or volume, as appropriate, ofthe recyclable orcompostable material
is recycled or composted or transferred off-site for recycl ngor composting within a time franc to
be determined by the Department.
Stora means the temporary containment of solid waste or compostable or recyclable materials in a
manner which does not constitute disposal.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.02: continued
Storage Fac liv means a handling facility where solid wastes temporarily stored it a manner not
constituting disposal.
Suitable means a detertdaation by the Department that a proposed site meets the Sic Suitability
Criteria as set forth in 310 CMR 16.00.
Transfer Station means a handlingfacliywhere solid waste is brought, stored and transferred from one
vehicle or container to another vehicle or container for transport off-sie to a solid waste treatmem,
processing or disposal facility.
Treatment means the use of any method, technique or process to change the chemical, or biological
character or composition ofany solid waste; to neutralize such waste; to render such waste safer to
transport, store or dispose; or make such waste amenable to recovery, storage or volume reduction
Uoeadiem means:
(a) in reference to surface water, the direction perpendicular to limes of equal elevation over a
distance in which elevation continuously increases, measured fromthe point or area in question; or
(b) it reference to groundwater, the direction perpendicular to tines of eq*otential over a
distance in which total head continuously increases, measured from the point or area in question
Vegetative Material means source -separated material which consists solely of vegetative waste such
as finis, vegetables and gains, that is produced from food preparation activities at, but not limited to,
grocery stores, fiui or vegetable canning, freezing or preserving operations, and food or beverage
processing establishments.
Watershed means that area defined by 310 CMR 22.02 Drinking Water.
Wood W este means discarded material consisting of trees, stumps and brush, including but not limited
to sawdust, chips, shavings and bark. Wood waste does not include new or used innber or wood from
construction and demolition waste and does not include wood pieces or particles containing or ikely
to contain asbestos, or chemicalpreservatives such as creosote or pentachlorophenol, or paints, staffs
or other coatings.
Yard Waste meats deciduous and coniferous seasonal deposition (e.g., leaves), grass clippings,
weeds, hedge clippings, garden materials and brush.
Zone A means that area defined by 310 CMR 22.02: Drinking Water.
Zone B means that area defied by 310 CMR 22.02: Drinking Water.
Zone C means that area defined by 310 CMR 22.02: Drinking Water.
Zone of Contribution means the recharge area that provides water to a well
Zone I means that area defined by 310 CMR 22.02: Drinking Water
Zone 11 means that area defined by 310 CMR 22.02: Drinking Water.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.03: Torte
(1) Computation of Tarte. Unless otherwise specificallyprovided bylaw, 310 CMR 16.00, and any
determination issued pursuant to 310 CMR 16.00, any time period prescribed or referred to in 310
CMR 16.00 shall began with the first day following the act which initiates the mining ofthe time period,
and shall include every calendar day, including the last day ofthe time period so computed. If the last
day is a Saturday, Sunday, legal holiday, or any other day in which the Department's offices are closed,
the time period shall run until the end ofthe next business day. Ifthe time period prescribed or referred
to is sac days or less, only days when the offices of the Department are open shale be included in the
cornputatiom
(2) Tirnely F ' Papers required or permitted to be filed under 310 CMR 16.00, or any provision
of the applicable law nest be filed at the board of health office or such other place as the board of
health, Department t or 310 CMR 16.00 shall designate within the time limits for such filings as set by
310 CMR 16.00. Papers filed in the following manner shag be deemed to be filed as set forth herein:
(a) hand -delivery during business hours shall be deemed filed on the day delivered;
(b) hand -delivered during non -business hours shall be deemed filed on the next regular business
day, and
(c) mailing by placing in U.S. maul shall be deemed fled on the date so postmarked.
(3) All papers shall show the date received by the board ofheakh and the Deparnnent, and the board
of health and the Department shall cooperate in giving date receipts to Persons filing papers by
hand -delivery.
16.04: Seventh, v
It is herebydeclared the provisions of 310 CMR 16.00 areseverable, and if any provision hereof
or the application thereofto any person or circumstances held invalid, such invalidityshag not affect
other provisions of 310 CMR 16.00, and the application thereofto persons or circumstances which
can be given effect without the invalid provision or application.
16.05: Aopficabgav
(1) General 310 CMR 16.00 shall govern the process ofappfication, review, public hearing and
decision for a site assignment to expand a solid waste management facility or establish a new solid
waste management facility at an unassigned site.
(2) Facilities and Operations to Which 310 CMR 16.00 Does Not Apply. 310 CMR 16.00 does
not apply to the following facilities or operations:
(a) Hazardous Waste Facilites. Facilities that manage hazardous wastes which are regulated
pursuant to 310 CMR 30.000;
(b) Waste Water Treatment Residuals Facilities. Facilities which manage waste -water treatment
plant residuals subject to the siting process pursuant to M.G.L. c. 83, § 6 and regulated pursuant
to 314 CMR 12.00, provided that 310 CMR 16.00 does apply to solid waste management
facilities which co -dispose waste -water treatment plant residers with solid waste;
(c) Small Combustion Facilities. Solid waste combustion facilities that are rated by the
Department at one ton per how or less pursuant to M.G.L. c. 111, § 150A;
(d) Farming Operations. The use or application of agricultural manures in normal farming
operations.
(e) Solid Waste Storage Containers, Dumpsters,rol4ofTs,orothertemporarystoragecontainers
located at, and used exclusively for the collection ofsold waste generated by an apartment house
or complex, condominium association, school, recreational areas, industrial or commercial
establishment, office, individual residence or tarn, construction site or demolition site, other than
a CRT Operation;
(1) ManufactmineandIndustrial Operations. The following classes of manufacturing or industrial
operations which temporarily store and/or utilize pre-sorted recyclable materials in the
manufacturing or industrial process, including.
1. paper mals, including de -inking plants and paperboard manufacturers;
2. steel mins;
16.05: continued
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
3. aluminum smelting operations and mins;
4. glass manufacturing plants;
5. plastic manufacturing plants;
6. tire re -capping plants;
7. de -timing plants;
8. asphalt hatching plains;
(3) Conditionally Exempt Recvcft Operations. The following recycling operations or activities do
not require a site assigntentprovided the operation incorporates good management practice, is carried
out in a manner that prevents an unpernined discharge of pollutants to air, water or other natural
resources of the Commonwealth and results in no public r uisance:
(a) Recycling Drop -Off Centers. Recyclkngdrop-offcenters.
(b) BottleBffiHandlhgOperations Operations which collect, store, and process only beverage
containers subject to the provisions of M.G.L. c. 94, §§ 321 through 326.
(c) Paper Baling and Hand line Baling and handling operations that process only recyclable paper
linekrdes an grades of paper and paperboard).
(d) RecyclimODerations.Operations processing, transferring ortentporanlystoring recychbles,
but not including operations which recycle construction and derrolltion debris or special wastes,
which comply with the following additional conditions:
1. the operation receives only recyclable material pre-sorted by the original generator,
2. the operation receives m more than 100 tons per day (tpd) of recyclable materials,
including incidental solid waste, but not including paper;
3. the operation receives, handles and stores recyclable materials, incidental solid waste and
residues only within an enclosed handling area or adequately covered containers or trucks;
4. the amount of residue generated by a processing operation does not average more than
15%ofthe weight of the recyclables processed during arty quarter.
5. there is no speculative accumulation of any material For purposes of 310 CMR 16.05,
speculative accumulation shall be presumed to occur if materials, whether in their as -received,
in -process or processed condition, are stored for More than 90 days from the date of their
receipt at the recycling operation This time limit may be exceeded len the case of storage of
a processed material pending accumulation of a transportable bad (one full truck load).
6. accurate records are maintained and certified reports are submitted every90 days for the
fast year of operation and once a year thereafter which provide information to enable the
Department to detemnie that the operation has conaufied with the conditions set forth at 310
CMR 16.05(3)(d)l. through 5. (Reports shall be fled with the appropriate Department
regional office and with the board of health); and
7. at least 30 days prior to commencement of operations, the operator, on a form as maybe
supplied by the Department, ratifies the Department and the board of health of the intent to
operate.
(e) Asphalt Pavement, Brick and Concrete Recycling Operations. An asphalt pavement, brick
or concrete rubble processing (crushing) operation when:
L the operation is located at:
a. an active quarry or active sand and gravel pit where any asphalt pavement, brick and
concrete rubble transported to the site of the operation is pre-sorted so it contains only
asphalt pavement, brick or concrete rubble; or
b. the site ofa demolaion/constroction project where all the asphalt pavement, brick and
concrete nibble processed is generated at the site;
2. the rubble consists solely of asphalt pavement, brick and concrete that is clean and not
mixed with or contanm ated by any other wastes or debris;
3. the asphalt pavement, brick and concrete rubble is processed so the maxiam length of
the largest dimension of any piece of rubbles less than sic inches;
4. all rebar is removed in the process and is recycled or disposed in an approved facility;
5. there ism speculative accumulation of the asphalt pavernent, brick and concrete nibble
or rebar prior to or after cushing and accurate records are maintained that are adequate for
the Department to detemmue whether speculative accumulation is occumir g and
6. at least 30 days prior to commencement of operations, the operator notifies the
Department and the board of health using a fomr as may be supplied by the Department.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.05: continued
(0 CRT Onerations. A CRT Operation, provided that the CRT Operation and its operator
comply with the following additional conditions:
I. The CRT Operation and its operator shall collect, store, handle and transport CRTs in a
manner that prevents and minimizes breakage, and shag immediately contain all releases
resulting from inadvertent breakage ofCRTs, clean up any broken material and safely package
any broken material in containers resistant to puncture by glass pieces;
2. The CRT Operation and its operator shall store and mantas CRTs segregated from any
solid waste;3
3. When shipping a Non -commodity CRT to foreign countries, a CRT Operation and its
operator shag meet the requirements at 310 CMR 30.1039;
4. A CRT Operation and its operator shag transfer Non-cmrrnodity CRTs only to another
CRT Operation, a CRT recycling facility,' or a permitted hazardous waste treatment, storage
and disposal facility,
5. A CRT Operation and its operator shag label Non-conanodity CRTs as follows: "Nor -
commodity Cathode Ray Tubes" or "Non-conarodity CRTs;"
6. A CRT Operation and its operator shag hold a CRT for no longer than one year from its
date of receipt A CRT stored for more than one year shag be presumed to be a Non-
commodity CRT. Such presumption may be rebutted ifthe operator has documentation
dem onstratingthat the CRT is intended to be retumed to service as an operable CRT. A CRT
Operation and its operator may store CRTs for longer than one year from the date of receipt
solely for the purpose of accumulating such quantity of CRTs as is necessary to fackate
proper shipment (e.g. economically viable bad), recovery, treatment or disposal A CRT
Operation and its operatorbear the burden of demonstrating ng the need for any such additional
period of accumulation.
7. Ifa CRT Operation accumulates more than 40 tons of Non -commodity CRTs on-site for
more than 21 calendar days, then the CRT Operation and its operator shat
a. Notify the Department in writing of their activity within ten days ofthe first occurrence.
Once the threshold is exceeded during a calendar year, an Operation shag reran its
regulated status under this provision for the remainder of the calendar year. A CRT
Operationwho has notalready notified the Departmentof its CRT activities and anticipates
accumulating 40 tons or more of Non-com modiry CRTs shag send written notification to
the Department, before meeting or exceeding the 40 ton/21 day Intit
b. Maintain records ofincoming and outgoing CRTs, including from where each shipment
was received and where each shipment was sent;
c. Maintain a system that demonstrates the duration of CRT accumulation; and
d. Mantas records for three years. This period shall extend autur aticagy for the
duration of any erdoreement action
8. The CRT Operation and its operator allow DEP to enter die facility to conduct inspections.
9. A CRT Operationand its operator that violate any ofthc above conditions may be subject
to enforcement pursuant to 310 CMR 16.05(11).
(4) ConditiomllyExetnotCorrmostneOneratiors. The followngcornpostbgoperationsand activkics
do not requite a site assignment provided the operation incorporates good management practice, is
carried out in a manner that prevents an unpermitted discharge of pollutants to air, water or other
natural resources ofthe Conm onweahh, and results in no public nuisance:
(a) Backyard Compos tne Backyard compost*
(b) LeafCotmosting Operations. Operations which transfer or compost clean leaves and yard
waste containing no greater than 25% grass clippings by volume provided that less than 50,000
cubic yards or less than 10,000 tons total are on site at any one time, with a maxi min volume per
unit area of 5,000 cubic yards per acre, and either:
1. the operation is registered with the Department; or
2. the operation is located within the property boundaries of the site where all the leaf and
yard waste is generated;
' In other words, do not put CRTs in a dumpster.
° CRT recycling facilities include out-of-state smelters and facilities that conduct glass -to -glass
recycling.
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.05: continued
(c) Agricultural Waste Cor mostme A composting operation for agricultural wastes, when
located on a firm engaged in'agricuhtme" or "Fanning" as defined in M.G.L. c. 128, § IA. Such
composting operation may, in addition to agricultural wastes, nt iZe the following compostable
materials generated off-site, provided the operation is registered and complies with policies of the
Department of Food and Agriculture:
re:
1. leaf and yard waste;
2. wood waste;
3. clean newspaper or cardboard;
4, clean cornpostable (i.e. thin) shells, and clean bones;
5. non-agricultural sources of manures and animal bedding materials.
6. less than 20 cubic yards or less than ten tons per day of vegetative material; and
7. less than ten cubic yards or less than five tons per day of food material
(d) Conmosttoon Industrial, Commercial or Institutional Sites or Zoos. A composting operation
located at anmdustrial, commercial orinstitutioalsiteormowhichcompostslessthanfourcubic
yards or less than two tons per week of vegetative materials, food materials or anal manures that
are generated on-site, and where, at least 30 days prior to commrnencement of operations, the
operator notifies the Department and the board of health, using a form as may be supplied by the
Department. -
(5) Other Conditionally Exempted Operations. The following operations do not require a site
assignment ora Solid Waste Management Fac&yPemtit pursuant to 310 CMR 19.000, provided the
operation incorporates good management practice, is carried out in a manner that prevents an
tnpennitted discharge ofpo@rtants to air, water or other natural resources ofthe Commonwealth and
results in no public nuisance:
(a) Temporary Works Denartments. Dumpsters,ro8-offs, or other temporary
storage containers or temporary storage areas at a location controlled by a public works
department such as a mmicipal department of public works, the Massachusetts Highway
Department, Massachusetts Turnpike Authority, Metropolitan District Corranission or similar
government agency, when used exclusively for solid waste generated and collected by the public
works department and when storages appropriate for the type of waste (e.g., materials such as
trash from roadside trash barrels are stored in dumpsters or roll -offs while materials such as street
sweepings may be stored without containers);
(b) Hospital and laboratory Infectious Waste Storage Areas Hospitals, medical laboratories and
biotechnology companies which accept for storage, pending off -she treatment or disposal,
infectious waste generated on-site by the hospital, medical labomtoryor biotechnology company,
or infectious waste generated off-site, provided:
1. the hospital, biotechnology company or laboratory has sufficient properly designed and
operated infectious waste storage areas and manages all infectious waste in compliance with
the Regulations for Storage and Disposal of Infectious or Physically Dangerous Medical or
Biological Waste, State Sanitary Code Chapter VIII, 105 CMR 480.000; and
2. the hospital, biotechnology company or medical laboratory accepts and stores off-site
generated infectious waste with on-site generated infectious waste only as follows:
a. Hospitals. Collects and stores fidectlous waste generated off-ste from hospitals or
clinics which the hospitals owns, or from hospitals, clinics or physicians with whom the
hospital has a professional afLtiation for the provision of medical services.
b. Medical Laboratories. Collects and stores infectious waste generated off-site from
laboratories it operates, or generated off-site by customers to whom the laboratory
provides laboratory services and only to the extent that the infectious waste collected from
such customers and stored does not, on a daily bass, exceed the amount of infectious
waste generated on-site from the laboratorys own laboratory activities.
c. Biotechnology Companies. Collects and stores infectious waste generated off-ske
fromthe company's biotechnology operations conducted at buildings owned or leased by
the company.
3. the infectious waste storage area would not otherwise require a site assignment or solid
waste management facility permit pursuant to 310 CMR 16.00 and 310 CMR 19.000,
respectively.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.05: continued
(c) Occasional Solid Waste Vehicle Layover. Sites owned or leased bya solid waste transporter
for purposes of truck storage or repair where enclosed trucks, trailers and other solid waste
handling and transfer equipment containing loads of solid waste are occasionally stored for
overnight or weekend layover prior to transportation to a solid waste management facility,
provided:
1. there is no unloading or transfer of the solid waste from the container or vehicle to the
ground or to another container or vehicle; and
2. the zoning of the truck storage or repair site would not disallow such an activity or use.
(d) ResidentialDismosalofWood Wastes. Disposalofwoodwastes atan existing single fattnly
residence or farm where the wood wastes are generated and disposed within the boundaries of
such residence or firm by the occupant or resident of that residence or farm, (i.e., wood wastes
generated by a developer whale clearing land prior to constructing the residence are not covered
by this exemption)
(e) Wood Chippineand ShreddnnOperations. Wood chipping and wood shredding operations
when:
1. onlybr sh, stumps, handier ends and trirarmngs, wood pallets, bark, wood chips, shavings,
slash and other clean wood, which are not nixed with other solid wastes, are processed;
2. no wood containing or likely to contain asbestos, glues, or chemicalpreservatives such as
creosote, pentachlorophenol, paints, stais or other coatings is processed;
3. there is no speculative accumulation of wood or wood chips prior to or after processing
For purposes of 310 CMR 16.05(5)(e), the accumulation time period that detemmnes if
speculative accumulation is occurring shall be 90 days; and
4. at least 30 days prior to commencement of operations, the operator notifies the
Department and the board of health, using a forth as may supplied by the Department.
(t) Occasional Noo-comnodity CRT Vehicle Layovers. Sites owned or leased by transporters
of Non-com idity CRTs to hold Non -commodity CRTs prior to transportation to a CRT
operation, a CRT recycling facility, or a pernrimed hazardous waste treatmeN, storage or disposal
facility, provided that Non -commodity CRTs are held in a vehicle at the site for no longer than ten
days.
(g) Tire Chipping, Shredding or Other Tire Processing Operations. Tine chipping, shredding or
other tie processing operations when:
1. only ties or tires with wheel rims attached, that are not mired with other solid waste, are
processed;
2. the quantity of whole ties on site does rot exceed the number of tires that can be
processed in a 24 hour period or 1000 ties, whichever 6 greater,
3. the total quantity ofprocessed tires (tire chips, shreds or other tire derived products) atthe
site does not exceed five tins the weight of tires that can be processed in a 24 hour period
or the equivalent of 5000 tires, whichever is greater,
4. whole ties and processed ties are stored in buildings, covered containers or covered to
prevent the infiltration of water;
5. whole ties and processed ties are stored in accordance with 310 CMR 7.00 and beat
fire department requirements for storing combustible material;
6. there is no speculative accumtation of ties arid/or processed tires prior to or atter
processing Forpurposes of310 CMR I6.05(5xg) the tine period for evaluating ifspecutative
accumrtatlon is occurring shall be 30 days;
7. processed ties are:
a. used to make new synthetic polymers ('tubber');
b. used in accordance with a Beneficial Use Determination (3 10 CMR 19.060) or other
approval required by the Department;
c. con -busted iia facnlitythat is not a solid waste facility in accordance with a specific air
quality approval issued under 310 CMR 7.00 that approves the combustion of ties or
processed ties as an alternative fuel; or
d. handled in a solid waste facility, and
s This provision creates a conditional exemption for locations where transporters handle CRTs.
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.05: continued
S. at least 30 days prior to commencement ofopetation, the operator notifies the Department,
the Board of Health, and the local fire department using a form as may be supplied by the
Department.
(6) Detenn5tationofNeed for Site Assimnent. The Department shall make adetertmnationofneed
for site assignment for the following operations upon application pursuant to 310 CMR 16.05(7).
These operations shall be presumed to be solid waste management facilities unless the Departmert
issues a determn'i ation that site assignment is not requited:
(a) recycling operations not exempted under 310 CMR 16.05(3) and handling only pre-sorted
recyclable materials; and
(b) composting operations not exempted under 310 CMR 16.05(4) and which accept the
following types and amounts of materials:
1. greater than 50,000 cubic yards or 10,000 tons of leaves and yard waste on site at any
time, with a maximum volume per unit area of 5,000 cubic yards per acre;
2. loss than or equal to 40 cubic yards or 20 tons per day of vegetative material (including
vegetative sludges);
3. less than or equal to 20 cubic yards or ten toms per day of food material (including food
sludges) or paper sludges.
(c) agricultural composting operations which are not exempt under 310 CMR 16.05(4)(c).
(7) Detemmnation Process.
(a) Any person making application for a determination of need for site assignment under 310
CMR 16.05(7) shall submit an application using fours and procedures specified in 310 CMR
4.00: Timely Action Schedule and Fee Provisions to:
1. the appropriate regional office ofthe Department; and
2. a copy to the board ofheakh ofjursdletlon.
(b) Information on Materials. The following mfontation, where applicable fora given material,
shall be provided by the applicant:
1. a general description ofthe recyclable or compostable material;
2. a chemical and/or physical characterization of the recyclable or compostable material
where specifically required by the Department;
3. identification ofthe quantity, quality arid sources ofthe recyclable or compostable material;
4. the proposed method(s) for recycling or comrposting the material;
5. a description of the product(s) to be made fromthe material or a description of the use to
which the material will be put;
6. appropriate documentation that markets or uses exist for the compost, recyclable materials
or products; and
7. other mfomation or data as requited by the Department.
(c) Infor ationon the Site. Tire application shall include the following descriptions, plans or other
utf it ation, where deemed necessary by the Department:
1. a locus map indicating the location of the proposed facky,
2. a site map indicating:
a. the am5tg classification of the site and adjacent areas; and
b. the location of all wetlands on and adjacent to the site;
3. site arid design plans which include:
a. the location and size of all on-site storage areas for recyclable or compostable
materials and products; and
b. the layout ofall processing equipment, buildings, roads, run-on and nm -off controls,
where applicable, and other appurtenances.
4. the proposed method or methods for pre-sortingrecyclableorcompostable materials from
other solid wastes prior to delivery to the facility,
5. a description ofall processing equipment to be used at the facility (for example grinders,
shredders, air classifiers, and screening equipment);
6. the quantity and quality of any wastewater to be produced and the proposed method of
discharge;
7. the quantity and quality of any residues and off -specification materials generated and bow
and where these wastes will be disposed; and
8. other site speck mfotmation as requited by the Department.
6/8/01 310 CMR- 578.1
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.05: continued
(d) Criteria for Department Detemnmation of Need. The Department shalt use the following
criteria to determine if a site assignments required:
I. the application is accurate and complete;
2. the material meets the definition of a recyclable or compostable material. In detemmmung
ifa material is compostable or recyclable the Department may consider, but not be limited to,
the nature of any contaminants and their probable effect on products or public health, safety
and the environment;
3. the material can feasibly be processed, ifapplicabb,and recycled orconpostedunder the
proposal set forth in the application;
4. the materials pre-sorted. In detemnmvmg if a material is pre-sorted the Department may
consider the relative proportion of solid waste to incoming recyclable or wmpostable
materials;
5. the quantity of residues generated through the processing of recyclable or compostable
materials, including rejects, does riot average more than the following percentages by weight
or volume where applicable, as determined by the Department, ofmaterials handled during any
quarter:
a. 5% for the recyulsng ofdemoldion debris or construction material;
b. 5% for composting of leafannd yard waste;
c. 15% for recycling ofposaconsumer recyclables;
6/8/01 310 CMR- 578.2
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.05: continued
d. such otherpercentage Por other materials as the Department may establish in order to
minimize residue generation. The residue generation criteria may be mndifed by the
Department under the following circumstances;
L the industry average for processing materials of the same nature uloid tg the best
available processing equipment is different than the percentages set forth in 310 CMR
16.05(7)(d)5.a. through c.
u the scale ofthe facility is sufficiently small that actual residue generation is mnaranal;
R the facility is a demonstration or pilot project of fixed limited duration.
6. there will be no speculative accumulation ofmaterialt;
7. the facility will not operate as a de facto transfer station, solid waste storage lacnk or
processing facility, for which a site assignment would be required;
8. materials and products willbe handled in a mantter which will not cause the development
of nuisance conditions and will ensure protection of public health and safety and the
environment and
9. the proposed project can be successfully completed in compliance with all other
appropriate local, state and federal mules and regulations.
(e) Detenrinations ofNeed.
1. All Department decisions regarding determinatimis ofneed for site assignment fbr recycling
or composting facilities shall be made in writing.
2. The Department shall issue a draft deterniation and send a copy to the applicant and
board of health.
3. The Department shall accept written comments up to 21 days from the date of issuance
of the draft determination. Commentors may, in their comments, request the Department to
revise with conditions a draft determination or show why the facility should be required to
obtain site assignment as a solid waste management faciliy.
4. The Department shall issue a final determination fbHowing the 21 day comment period.
5.The Department maymake a determinationthat no site assignment is needed subject to the
applicant's compliance with conditions. These conditions may include, but are not hinted to:
a. requirements to ensure that only exempt recycling or composting operations are
conducted on the site;
b. weighing and operational reporting requirements, including maintenance ofa daily log
of the quantity of materials received and shipped, estimation or weighing of materials,
depending on facility size, and regular certified reports detailing operating conditions and
material disposition;
c. the authority of the Department or the board of health without prior notice to
periodically enter upon and inspect the site, the facility and relevant operating records to
detemttne and compel compliance with applicable regulations and the conditions of the
determation;
d. payment of penalties in accordance with the provisions of M.G. L. c. 21 A, § 16 for
violation of a condition or other requirement; and
e. a termination date.
(8) Violations of the Conditions of a Detemmatiom In the event of a violation of applicable
regulations or conditions established in a determination the Department maymodtfy, suspend or revoke
the detemttnationor Initiate anenforeement action to accordance with applicable statutes or regulations.
Where a detemnmation is suspended, operations shall cease until:
(a) the operator corrects the violation to the satisfaction of the Department; or
(b) the operator applies for and obtains a site assignment and solid waste management facility
Permit.
(9) Proiect Modifications.
(a) The proponent shall notify the Department and the board ofhealth ofproposed changes in
design or operations where:
1. the facility operator intends to recycle or compost materiaks) substantially different from
those materials for which the cement determination was granted;
2. the design and/or operation of the facility is to be altered; or
6/8/01 310 CMR - 579
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.05: continued
3. the facility operator proposes to increase the volume or quantity ofmaterials to be handled
by the operation above that volume or quantity established in the current detemi nation
(b) Where the Department determines that the change in design or operations significant, the
Departrent may require a revised application for determination of treed be submitted to the
Department, with a copy submitted to the board of health, for review. The board of health may
comment within 21 days on any proposed modification
(10) Demonstration Projects for Recycling or Composting Pre -Sorted Material. The Department
may approve projects to demonstrate innovative recyclmgor composting techniques at unassigned saes
as provided below.
(a) General Conditions. The following conditions shall apply to all demonstration projects
approved under 310 CMR 16.05(10):
1. The materials to be processed shag be limited to the pre-sorted recyclable or compostable
materials permined to be processed by operations set forthat310 CMR 16.05(3) and (4); and
2. projects shallbe fimited to a specified time period not to exceed one year, after which time
they shag term'anate unless appropriate approvals are obtained.
(b) Appfication Anapplicationtoconduct arecyclingorcompostingdemonstrationprojectshaft
be submitted to the Department, the board ofheahh arid, in the case of agricultural composting to
the Department of Food and Agriculture. The application shag contain:
1. the udormationdescnbed at 310 CMR 16.05(7)(b) and (c) as required by the Department;
2. the proposed duration of the demonstration project; and
3. a description and schedule of interim and final reports to be submitted to the Department
describing and evaluating the project.
(c) Criteria for Department Determination. The Department shag consider the following criteria
when determining whether to agow the demonstration project:
1. the potential for adverse impacts taking into account the recyclable and compostable
materials, project location, design and operating controls, management practices and operator
experience;
2. the likelihood of obtaining usefid, new iinformation in the time frame proposed for the
demonstration project; and
3. the ability ofthe applicant to appropriately use or dispose of all project materials.
(d) Department Decision The Department shag follow the procedure described at 310 CMR
16.05(7)(e)1. through 4. when issuing its decision onwhetherto allow the demonstration project
(11) CRT Enforcement Provisions
(a) General Any failure by any person whose activities are governed by M.G.L. c.I 11, § 150A
and 310 CMR 16.00 to comply filly with requirements or conditions established under 310 CMR
16.00 or with the provisions ofarny detemmration or order issued pursuant to 310 CMR 16.00
shag constitute a violation of the statute and 310 CMR 16.00. Nothing in 310 CMR 16.00, or in
arry order issued pursuant thereto, shag be construed to limit any right of the Department to take
enforcement action pursuant to any otter authority.
(b) Action by the Deoathuent. Whenever the Department has cause to believe that a violation
has occurred, it may without limitation:
I. order the owner or operator, or any other person responsible for the violation, to cease
operations until the violation is corrected to the satisfaction of the Department or such person
obtains a site assignment and solid waste management facility permit;
2. order the owner or operator, or any other person responsible for the violation, to cease
all illegal activity inmediately or at a specified date, and to comply fully with the provisions of
the statute, 310 CMR 16.00, or any determination or conditions under 310 CMR 16.00;
3. order the owner or operator, or other person responsible for the violation, to take
appropriate remedial measures immediately or by a specified date to bring the site into
compliance or to protect public health or safety or the environmental resources of the
Commonwealth, including without limitation clostrre of the site;
4. rescind, suspend, revoke, or modify any determination or corditions under 310 CMR
16.00;
6/8/01 310 CMR - 580
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.05: contained
5. issue a notice ofnon-compliance or assess acid administrative penalty pursuant to M.G.L.
c. 21A, § 16 and 310 CMR 5.00;
6. refer the matter to the Attorney General for civil or criminal action pursuant to any
applicable statute; or
7. take such other action provided by 310 CMR 16.00 or other applicable statutory or
regulatory authority as the Commissioner deems appropriate.
(c) Right to Adiudicatory Hearing A person who is the subject ofan order issued pursuant to
310 CMR 16.05(11) shall have the right to an adjudicatory hearing on such order pursuant to 310
CMR 1.00. Any right to an adjudicatory hearing concerning assessment of a civil administrative
penalty shall be determined in accordance with the provisions of 310 CMR 5.00.
(d) Waiver ofRidrttoAdiudicatorvHearing Any person who sthe subject ofanorder issued
pursuant to 310 CMR 16.05(11) shall be deemed to have waived the right to an adjudicatory,
hearing unless within 21 days of the date of service ofthe order the Department receives a written
statement setting forth the basis for the request, subject to and in compliance with the applicable
provisions of310 CMR 1.00.
16.06: Prolubrttons
No place in anycayor town shall be maintained or operated as a site for a facility unless suchplace
has been assigned by the board of health or the Department, whichever is applicable, pursuant to
M.G.L. a i 11, § 150A. Any disposal of solid waste at any location not so assigned shall constitute
a violation ofsaid statute and of 310 CMR 16.00.
16.07: Certification
Anyperson, required by310 CMR 16.00 or any order issued by the Department, to submit papers
shag identdy themselves by name, profession, and relationship to the applicant and legal interest m the
proposed site, and make the following cenilbation:1 certi yunder penalty oflaw that 1 have personally
examined and am familiar with the i f r ation submitted in this document and all attachments and that,
based on mymquvyofthoseindividuals i miedratelyresponsibleforobtainingtheinformation,Ibelieve
that the information is tore, accurate and complete. 1 am aware that there are significant penalties both
civil and criminal for submitting false information including possible fres and imprisonment."
16.08: Site Asskmmnt ADDgcation Submission Reouiemeras
(1) General Arryperson wishing to establish anew lack at a New Site or to Expand a Sae onto
an area not previously assigned must file a Site Assignment Application (application) with the board
of health and provide copies as specified at 310 CMR 16.08(2).
(2) C22ke . The applicant shall file:
(a) two copies of the application with the local board of health;
(b) one copy of the application with the local library;
(c) two copies ofthe application with the Department, one to the Business Compliance Division,
Boston, and one to the regional office in which the proposed site is located;
(d) one copy ofthe application with the Massachusetts Department of Public Health, Bureau of
Environmental Health Services, Boston;
(e) onecopyoftheapplicationwithtteboardofheahh('abuttingboardofheaW),andonecopy
with the library of any municipality within''/] mile of the proposed site assigned area;
(I) one copy ofthe application with the applicable regional planning agency duly established by
the Legislature and governing the municipality in which the proposed facility is to be located; and
(g) one copy of the application with arry Person requesting it during the public comment period,
except that the applicant naycharge the reasonable cost of reproduction for the copies requested
under this provision. The applicant shag maintain a at ofeach Person requesting a copy, the date
of each request, and the date each copy was sent out.
6/8/01 310 CMR- 580.1
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.08: continued
(3) ServiceofConies. Sitmrhaneouswiththeflitngofanyandallpaperswiththeboardofhealth,the
applicant filing such papers shall send a copy(es) to the Department and the Department of Public
Health, as prescribed in 310 CMR 16.08(2). All papers filed with the board of health shall be
accompanied by a certificate signed wider the pairs and penalty ofpedury that copies have been sent,
specifying the mode ofservice, date mailed or delivered, the address, and address of service. Failure
to comply with these requirements shall be grounds forrefusalbythe board ofhealth or the Department
to accept papers for fling.
(4) Fees. The applicant shall tender payment of the Technical Fee in accordance with 310 CMR
16.30(2)(b) or enter into alterative feepaymentamangementsto the satisfaction ofthe board ofhealth
(5) Site AssignmentApplication
(a) General The application shallbe completed using limns supplied by the Departhriant and shall
contain sufficient data and other relevant information to allow the Department and the board of
health to determine, independent ofadditional information, whether the sites suitable. The level
ofanalysis presented in an application shall be corrawnsumte with the nature and complexity ofthe
proposed facility.
(b) PreparationofPapers. ABpaperspertamvngtodesign,operatiogmaortenance,orengymeering
of a site or a facility shall be prepared under the supervision ofa registered professional engi cer
knowledgeable in solid waste facilely design, construction and operation and shall bear the seal,
signature and dscipline of said engineer. The soils, geology and groundwater sections of an
application, ifapplicable, shall be completed byprofessionats experienced in those fields Lader the
supervision of a registered professional engineer. AD mapping and surveying shall be completed by
a registered surveyor.
(c) Waiver. The application shall clearly state whether a waiver, as provided in 310 CMR 16.18
or 310 CMR 16.40(6), is requested. Applications for waivers shall be independent of the main
body of the Site Assignment Application and shall include:
1. reference to the specific criteria or provision for which the waiver is requested;
2. all documentation that the applicant wants to present in support of the waiver including
detailed facility design plans where appropriate.
(d) Massachusetts Environmental Policy Act (MEPA).
1. The application shall include a demonstration that:
a. the MEPA process does not apply, or
b. the MEPA process does apply and the Secretary has detenrmned that an EIR is
required; or _
c. the MEPA process has already been completed and the Secretary has issued a
certificate or a determination that no EIR is requited.
2. The fast Technical Review Period (TRI) as specified, wider the Timely Action and Fee
Provisions Regulations, 310 CMR 4.00, shag rot be completed until the Secretary's final
certificate has been issued.
(e) Simatures. Applications shag be signed and swom to by the applicant(s) and his/her agent,
ifdifferent, as to all statements offset therein, as set forth m 310 CMR 16.07. Where the applicant
is not the owner in fee simple of the title or interest in the site, then said owner shall also sign the
application.
(6) Confidential ty. Any information submitted pursuant to 310 CMR 16.00 may be claimed as
confidential by the applicant in accordance with the provisions of 310 CMR 3.00, Access to and
Confdentiagty ofDepattment Records and Files. Information regarding the name and address of the
permittee and data related to the potential impact of the proposed activity on public health, safety and
the environment shag not be classified as confidential.
16.09: Public Access to Application
The board of health shall ensure that a copy of the application and all subsequent flings are
available for reasonable public inspection and copying. The board of health may charge reasonable
fees for such copying.
6/8/01 310 CMR • 580.2
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16-10: Review ofAnn6cation for Cottmleteness
(1) Report Number. The Department shall assign a Report Number to each application when the
application is filed with the Department and notify the applicant, the board of health, and the
DepartentofPublicHealth The Report Numbershallbe used in all subsequent correspondence with
the board of health, the Department, the applicant and the Department of Public Health and shall
appear on any subsequent filings by the applicant.
(2) Public Comments. During the Determination Period, as defined in 310 CMR 16.10(3) the
Department shall accept written corranents from the board of health or interested persons regarding
the completeness of the application
(3) Detemm atiotts. The Department shall issue a written determination to the applicant as to the
completeness of the application on or before 21 days after the filing of said application with the
Department. An application shall not be considered completetmless theTech ucalFee, ifany, has been
paid and the application forms are complete and accompanied by the appropriate supporting
documentation, If the Department determmnes that the application is incomplete, deficiencies shall be
stated. The Department shall send a copy of such determination to the board of health and the
Department of Public Health
(4) Public Notice ofApplicatlon The applicant, after receipt of notice of completeness from the
Department, shall notify all parties identified at 310 CMR 16.08(2) and abutters to the she by certified
mad, and provide public notice that an application has been filed with the local board ofheaW The
notice shall:
(a) appear in at least one newspaper that has general circulation within the municipality ands the
Massachusetts Environmental Policy Act (MEPA) Monitor, where the proposed facility was
required to file an Environmental Notification Form (ENF) or Environmental Impact Report (EIR)
with MEPA;
(b) include the location of the site; the size of the site; the type of facility, the type of waste or
material to be handled at the facility, daily tonnage or throughout; the names, and addresses ofthe
proponents and the person to whom requests for copies ofthe application should be directed; the
public location within the conanrmay and hours where the application may be inspected; the time
period for comment to be received by the Department and the address to which the comments
should be marled; and
(c) Where the municipality has a population of greater than 15% of residents who do not speak
F.nglishas thevpri maty language, the applicant shagpublish an addaionralnotice ma dailyor weekly
newspaper(s) circulated in that connrmity written in the primary language(s) of these residents.
(5) Cormnencement of Review Period. The Department Review Period shall commence when the
applicant has provided proof to the Department that the public notice requitement as set forth in 310
CMR 16.10(4) has been satisfied. Proof may be in the form of a copy of the public notice in the
publication
16.11: Review Period
(1) Genera L Upon commencement ofthe Review Period, the Department shall review the application
to determine a'the saes suitable.
(2) Public Comments. During the initial 21 days of the Review Period the Department shalt accept
written comments from the board of health or other interested persons regarding the suitability of the
site, All comments shall be filed with the Department's Regional Office in which the proposed site is
located. The Department shalt make available all comments received regarding the application to the
applicant and the board of health at their request.
(3) Applicant Response and Modification
(a) Response to Comments. The applicant may respond in writing and/or the Department may
require the applicant to respond to commetas during the initial 40 days of the Review Period.
(b) ModificationofAoplcation During the initial 40 days ofthe Review Period the applicant may
modify an applcationprovided thatsaid modifications, whentakeni n thea totality, do not constatae
a major modification The Depantrrent shall determine if modifications are major and issue written
notice of such determinations to the applicant.
6/8/01 310 CMR - 581
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.11: continued
(c) MaiorModifcations. The applicant mast notitythe Department and the board ofheahhwithin
five days of receipt of a notice from the Department that a single modification or a series of
modifications constitute a major nmdification, whether it intends to:
1. withdraw the application; or
2. withdraw the modifications and let the Department review of the application continue on
the unamdifiied application
(4) Failure to FileNotification Fail= ofthe applicant to file a notification within the appropriate time
will constitute a withdrawal pursuant to 310 CMR 16.11(3)(c)2.
(5) Additional Information The Department may require the applicant to provide additional
information as the Department deems necessary to fully evaluate tithe site is suitable.
(6) Restricting of Comments or Response. After 40 days the Department may restrict hither
comments or responses to allow the completion of the Department review of the site.
(7)IssuameofRevo The Department shag issue the Report on Suitability (Report) within 60 days
of the receipt of proof that the public notice requirement set forth in 310 CMR 16.10(4) has been
satisfied.
1613 • Department Report On Suitability (Report)
(t) General The Department stall forward the Report and the acconpanying record to the board of
health and shall provide a copy ofthe Report to the applicant
(2) Content The Report shall include:
(a) the Report Number,
(b) a statement vindicating that the application does or does not contain sufficient data to allow the
Department to detemmte if the site meets the criteria. A detemtIIation that an application did not
conta0n sufficient information to allow a determrtation on each criteria shall be sufficient grounds
for a negative detemmation of suitability,
(c) a statement that the site meets or fags to meet each the site suitability criteria set forth in 310
CMR 16.40, including any conditions; and
(d) findings of fact pertaining to the application, any waiver that was requested, and the suitability
of the site.
(3) Basis for Report The Report shag be based upon:
(a) the record;
(b) the facts and information otherwise available to the Department;
(c) expertise of the Department;
(d) expertise ofother local, state or federal agencies consulted by the Department
(4) Record. The record shall consist of the application, including arty waivers requested or any
modifications submitted; airy report or records the Department has used in making its determination;
and arryand all correspondence, notices, and written comments by the Department, boards of health,
applicant or the public which have been submitted in accordance with 310 CMR 16.00.
(5) Public Access. The board ofheakh shag ensure that the Department's Report on Suitability and
the Department Record are made available for copying and reasonable inspection
6/8/01 310 CMR - 582
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.14: Reconsideration offindiniis
(1) Motions for Reconsideration. When the Department! aReport contains afinding that the site fails
to meet the site suitability criteria, the Department may entertain written motions for reconsideration
from the applicant statingthe bas's on which the reconsideration's requested, if filed within 14 days of
issuance of the Report. The motion for reconsideration shall state the fact(s) which it is contended the
Department has overlooked or misapprehended and shall contain such argument in support of the
motion as the applicant desires to present. Action on any motion for reconsideration is at the discretion
of the Deparmienc
(2) Comments. The Department may allow commends from the board ofhealth, the Department of
Public Health and the general public for a specified time period ifit decides to reconsider the findings.
(3) Reissuance ofReoort. In the event the Department reconsiders and changes its determination,
it shalt amend the Report accordingly and reissue the Report.
16.15: Further Action on Aonlication
(1) Negative Determinations of Suitability. When the Department issues aReport with afndngthat
a site fads to meet the site suitability criteria or that an application does not contain sufficient data to
allow a determination on the criteria, the site assignment process is complete and the board of health
shall riot hold a public hearing as prescribed in 310 CMR 16.20, provided that an applicant may
request the Department to reconsider the findings in the Report and the Report may be reissued.
(2) Positive Detenrmrations of Suitability. When the Department issues a Report with a finding that
the site does meet the site suitability criteria, the board of health shall proceed to hold a public hearing
pursuant to 310 CMR 16.20 for the purpose of deciding whether to grant or refuse to grant a site
assignment for the parcel ofproperty which is the subject of the Department Report.
16.16: Requests for Technical Assistance from the pgartment
(1) TechnicalAssistance. The board of health may request advice, guidance, ortechnicalassistance
from the Department to assist in the review ofthe inlixmation contained within the application or the
Report. Any request for technical assistance shalt be in writing. The technical assistance from the
Department shalt stop on the date of the first scheduled public hearing, except where it will serve to
clarify information contained within the Department Report.
(2) Informal Arrangements. After a request for technical assistance, the Departmerd and the board
ofhealth may enter into mfomal arrangements to facilitate the review of the application, provided that
the applicants informed of any such arrangement.
16.17: Application Review by the Denartment of Public Health
(1) ReviewandComments. The Department of PublicHealth(DPH)shallreviewtheapplicationand
comment alto arrypotentialadverse rtnpacts the site may have on public health and safety. Such review
and continent shallbe made no laterthan 60 days after the start ofthe Review Period. The Department
of Public Health may submit or discuss its comments with the Department during the Review Period.
(2) Department of Public Health Reno rt. The Department of Public Health at the written request of
the board of health shalt make or have made a written report containing its comments on the potential
adverse impacts ofthe site on public health and safety and may submit said report n o later than 60 days
after the start of the Review Period. The DPH may submit such report to the board of health.
(3) Coordination with Board offleakh The DPH shall coordinate and cooperate with the board of
health on any matter relating to the report upon written request by the board of health to DPH.
6/8/01 310 CMR - 583
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.18: Waiver
(1) General The Commissioner may waive any provision or requirement contained in Part I of 310
CMR 16.00, or at 310 CMR 16.21: A/lernative Use of Assigned Site, not specifically required by
law where the Commissioner finds:
(a) that the waiver is necessary toaccomnndateanoverriding comontnity,regional orstate public
interest; and
(b) the granting of the waiver would not interfere with the abky ofthe board ofhealth to fiulfi8 its
duties; and
(c) the granting of the waiver would not diminish the ability of the general public to review and
convent on the proposed project.
(2) FFt7mns. All requests for waivers shall be fkd and documented in accordance with 310 CMR
16.08(5)(c).
16.20: Public Hearing Rules
(1) Preamble. 'Public Hear'atgs"pursuant to M.G.L. c. 30A are not "Adjudicatory Proceedings"
within the meaning of M.G.L. c. 30A, § 1. See M.G.L. c. 30A, § 2. Pursuant to M.G.L. c. 111,
§ 150A, however, "for the limited purpose of appeal from such public hearings, a focal borad ofheaith
shall be deemed to be a state agency under the provisions of said chapter thirty and its proceedings
and decision shall be deemed to be a final decision in an adjudicatory proceeding". The public hearing
process is designed to permit the tlexbifty and informality appropriate to the board of health
proceeding, while providing the board of health with procedural direction and the authority to create
a record and render a decision within a 16trited time period which is amenable to the procedures and
the standards ofjudicial review applicable under M.G.L. c. 30A, § 14.
(2) Avylicab ' . 310 CMR 16.20, governs the conduct ofpubk hearings by a board of health on
a Site Assignment Application fo8owmg the issuance of a Report by the Department finding that a
proposed site is a suitable for a specified type(s) of solid waste facWies), as required by M.G.L.
c. 11 I, § 150A.
(3) Public Hearing Definitions. The following words when used in 310 CMR 16.20, shall, except as
otherwise required by context, have the following meaning:
Abutting Board ofHeahhmeans a board ofhealth ofa municipality located within /2 mile ofa boundary
of the proposed site.
Applicant means person yarned in the application as the owner ofa property interest in the site and the
operator of the proposed facility where the owner has entered into an agreement with an operator at
the time the application is fled.
Authorized Representathe means individual authored by a party to represent him m these matters
Board ofHealth or Board means legally designated health authority ofthe city, town or other legally
constituted governmental unit within the Commonwealth having the usual powers and duties of the
board ofhealth ofa city or town, or its authorized agent or representative; provided that in any case
in which a solid waste management facility extends into the geographic areas of two or more boards
of health, said boards may coordinate activities in effecting compliance with 310 CMR 16.00 for the
management of solid waste. Unless otherwise explicitly stated,'the board ofheaith"means the board
of health of the municipality in which the proposed site is located.
Decision means final decision rendered by the board of health
Hearing Officer means an individual(s) duly designated by the board of health to conduct the public
hearing.
Papers means all written cormrwnications filed in the public hearing, including motions and other
documents.
6/8/01 310 CMR- 584
310CMR: DEPARTMENT OF ENVIRONMENTALPROTEC'IION
16.20: contiued
Partv means the applicant, any abutting board(s) of health and airy abutter(s), group of ten citizens or
other intervenor duly registered pursuant to 310 CMR 16.20(9)(b).
Person(s) means a private person, fattt, or corporation, or arty federal, state, or beat governmental or
other entity which is not an agency.
S oea means a document which commands a witness to appear at a given tate and give testimony
before a court or an administrative proceeding such as a heating, and may require the witness to
produce before the hearing tribunal arty documents, papers, or records in his possession or control.
(4) Representation
(a) Appearance. An individual may appear on his own behalf. A duly authorized officer or
ernployee may represent a corporation; an authorized member may represent a partnership orjoint
venture; and an authorized trustee may represent a trust. Any Party in the public hearing shall have
the right to be accompanied, represented and advised by an authorized representative.
(b) Notice ofAoneamnce. An appearance shall be made in the public hearing by filing a written
notice wkhthe board ofhealth or Hearing OfEcer. Such notice shall contain the names, address and
telephone number of the authorized representative.
(5) Tine
(a) Timely F ' Papers required or permitted to be filed under 310 CMR 16.20, or any
provision of the applicable law must be filed at the board ofheakh office or such other place as the
board shall designate within the time limits for such blm' g as are set by 310 CMR 16.20 or the
Hearing Officer. Papers filed in the followingmanner shall be deemed to be filed as set forth herein:
1. Hand -Delivery during business hours shall be deemed filed on the day delivered.
2. Hand -Delivery during tines other than during regular business hours shall be deemed filed
on the next regular business day.
3. Maft in U.S. Marl shall be deemed fled on the date so postmarked.
All papers shall show the date received by the board and the board shall cooperate in giving
date receipts to Persons fling papers by hand -delivery.
(b) Notice ofBoard ofHealth Actions. Communications concerning public hearings pursuant to
310 CMR 16.00 fromthe board orthe HearitgOfficer shall be presumably deemed received upon
the day of hand -delivery or if mailed three days after deposit in the U.S. mail.
(c) Computation ofTi e. Unless otherwise specifically provided bylaw or 310 CMR 16.20,
computation of any time period referred to in 310 CMR 16.20 shall begin with the fast day
following the act which initiates the running of the time period. The last day of the tiro period so
cornputed is to be included unless it is a Saturday, Sunday, or legal holiday or any other day on
which the office of the board is closed, inwhich event the period shall nm ad the end of the next
following busiess day. When the time period is less than six days, intervening days when the board
is closed shall be excluded in the computation.
(d) Extension ofTire. It shall be within the discretion of the board or Hearing Officer, for good
cause shown, to extend any tine Ironic contained in 310 CMR 16.20. All requests for extension of
time shall be made by motion before the expiration of the original or previously extended time
period. This discretion shall riot apply toany limitation ofthetimeprescribedbytheMassachusetts
General laws.
(6) Filmes Generally
(a) Title. Papers fled with a board shall state the report number, the title of the proceeding the
name of the Person in whose behalf the Kling is rade and the name of the applicant.
6/8/01 310 CMR - 585
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.20: continued
(b) Simatures. Papers riled with a board shag be signed and dated by the Parry on whose behalf
the fling is made or by the Partys Authorized Representative. This signature constitutes a
certificationby the signer that he has read the document, knows the content thereof~ and that such
statements are true, that it is not interposed for delay and that "d'the document has been signed by
an Authored Representative that he has fug power and authority to do so.
(c) Fomn Sim and printing requirements. An Papers, except those submittals and documents
which are kept in a larger format during the ordinary course of a Party's business, shag be
hand -pruned or typewritten on paper 8 to 8%: inches wide, by 1 I inches long. Mimeographed,
multigraphed, photoduplicated Papers wig be accepted as hand -pruned or typewritten AD papers
shag be clear and legible.
(d) Copies. The original of all Papers shag be filed together with two copies.
(e) Service. Simultaneously with all filings of any and all Papers with the board, the Party filing
such Papers shag send a copy thereofto an other Parties to the proceedings, by delivery in hand,
or by United States mag, postage prepaid, property addressed. All papers filed with the board shall
be accompanied by a statement signed tinder die pals and penalty of perjury that copes have
been sent, specifying the mode of service date, the Party to whom seM, the Partys address, and
address of service. Faunae to comply with this rule shag be grounds for refusal by the board to
accept Papers for film' g.
Arry Party may request a waiver of the requirement of 310 CMR 16.20(6)(e). The Hearing
Officer may grant the request if significant expense or waste of resources would be avoided and
if adequate arrangements can be made for access to the Papers by all persons who would
otherwise be entitled to service of copy.
(7) InitiationofHearines.
(a) Commencement. The board shag commence a public hearing pursuant to 310 CMR 16.40
within 30 days of receipt of the Department's Report On Suitability (Report).
(b) Public Notice. At least 21 days prior to commencementofthe public hearingthe board shag
rotgyall partes identified at 310 CMR 16.08(2) ofthe hearing by certified mal, and cause notice
ofthe public hearing to be published. Such notice shag be published in daily or, if not possible,
weekly newspapers of general circulation in the municipality. Where the municipality has a
population of greater than 15% of residents that do not speak English as their primary language,
the board of health shag publish an additional notice in a daily or weekly newspaper(s) circulated
in that community written in the primary language(s) of those residents.
(c) Form and Content. The notice shag give the date, time and location of the public hearing, a
description of the proposed facility including the type of facilay, proposed disposal tonnage,
proposed hours of operation, the identity and mailing address ofthe applicant; the public location
within the community and hours where the applleationmaybe inspected; the time period forwritten
comment on the application to the board and the address to which comments should be maned.
In addition the notice shag contain the following statement: 'The Department of Environmental
Protection has issued a Report in which it determines that the above described place is a suitable
place for the proposed facility. Copies of the Department's Report On Suitability and the site
suitability criteria (3 10 CMR 16.00) are available for copying and examination along with the
application."
(8) Examination of Record Below: Dscovery
(a) Availability of the Record. The Report, the application, and an comments received by the
Department on the application are public records and shag be trade available by the board for
inspection and copying by any person during reasonable business hours. The board may charge
reasonable copying fees for any ofthe documents comprising the record below. There shag be no
additional discovery.
6/8/01 310 CMR- 586
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.20: continued
(b) Prefiled Direct Testimom. The Hearing Officer may, onhis/tier own motion, order all Parties
to file within a reasonable time in advance ofthe public hearing full written text of the testimorry of
their witnesses on direct examination on issues pertinent to site assignment, including all exhibits to
be offered into evidence, or on issues specified by the Hearing Officer. Such testimony shall be filed
by or before a time specified by the Hearing Officer and shall be available to examination and
copying as provided in 310 CMR 16.20(8)(a). The Hearing Officer may also require the filing of
written rebuttal testimony within a reasonable time after the filing of the direct testimony described
in the preceding sentence. AD testimony filed pursuant to this mle shall be subject to the penalties
of perjury. All witnesses whose testimony is filed pursuant to this rude shall appear at the hearing
onthe merits and be available for fiather examination or cross-examination at the discretion ofthe
Hearing Offoer. If a witness is not available for further examination or cross examination at the
hearing on the merits, the written testimony ofthe witness shall be excluded from the record unless
the Parties agree otherwise.
(9) Intervention and Participation
(a) Intervention Arry Person who with good cause wishes to intervene in a public hearing shall
fle a written request (petition) for leave to intervene. Persons whomthe Hearing Officer determines
are specifically and substantively affected by the hearing shall be allowed to intervene. For the
purpose of the Public Heating the following persons shall be considered to be specifically and
substantively affected by the hearing and shall be eligible to register as a Party to the hearing:
1. Abutters. Any abutter or group ofabutters to the proposed facility shall be a Party to the
hearing by tittely submission of a Party Registration Statement in accordance with 310 CMR
16.20(9)(b).
2. Ten Citizens Grows. Any group of ten or more persons may Register collectively as a
Party to the public hearing in which damage to the environment, as defined in M.G.L. c. 214,
§ 7A, or public health and safety are or might be at issue; provided, however, that such
intervention shall be limited to the issues of impacts to public health, safety and damage to the
environment and the elimination or reduction thereof in order that any decision it the public
hearing shag include the disposition of such issue.
(b) Registration The registration ofan abutter, group ofabutters or ten citizen groups as a Party
or the petition of a person to be an intervenor to the public hearing shag be valid only ifsubm kted
prior to the conrnencement of the heating. The registration statement shag be signed under pans
and penalty ofpetjury and contain the following itfomratiom
1. name and address of the registrant(s);
2. proposed party status (abutter, group of abutters, ten citizen group or intervenor);
3. identity of the Authorized Representative, if any,
4. for individuals wishing to register as an abutter a description of the abutting property
including its boundaries and current use and a statement that the registrant is the owner ofthe
parcel; and
5. for individuals or groups ofmdividualspetitions ngto be anintervenor a statement indicating
how they will be substantially and specifically affected by the proposed facility.
Ifno Authorized Representative is identified in theRegstrationStatementthe frstpersonmentioned
in the Statement as a member ofthe group shag be deemed the Authorized Representative of the
group. Said Authorized Representative shag have the sole authority to sign submissions by the
group. A group that registers as a Party shag be collectively deemed a Patty and shag have the
rights of participation of a Party as set forth in 310 CMR 16.20, except as limited by 310 CMR
16.20(9).
6/8/01 310 CMR - 587
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.20: continued
(c) Rides of Intervenors. Any person permitted to intervene shall have all rights rr ; and be
subject to, all linitatfons irposed upon a Party, however, the Hearing Officer may exclude
repetitive or irrelevant material. Every Petition to intervene shall be treated as a petition in the
alternative to participate.
(d) Rights of Participants
1. Any person specifically affected by a proceeding shall be pemdtted to participate.
Permission to participate shallbe lunited to the right to present testimony, to argue orally at the
close ofthe public heatingand to file a brief Permissionto participate, unless otherwise stated,
shall not be deemed to constitute anexpression that the person allowed to participate is a party
in interest who may be aggrieved by any final decision. -
2. Participants shall not be required to submit to cross examination except upon the
determination ofthe Hearing Officerthat cross examination is necessary in the interest ofa full
and fair hearing and an adequate record. Such cross examination of participants shall be
conducted through the Hearing Officer. Failure ofa Participant to submit to cross examination
allowed by the Hearing Officer shall be grounds to strike the Participant's staternents.
(10) Conduct ofPu66cHearing-
(a) Public Hearings. Where Held. Hearings shallbe held at a public meeting hall, appropriately
sed to accornrmdate all Partes and the number ofpersons reasonably anticipated to attend in the
city or town where the site is located. The public hearing shall continue until it is closed by the
Hearing Officer. Arrangements by the board to provide a place for such public meeting shall
anticipate that the public hearing may extend for several days.
(b) General Hearings shall be as infonml as may be reasonable and appropriate under the
circumstances. The applicant shall be the party to fast proceed to introduce evidence and
testumny except as ordered by the Hearing Officer.
(c) Deco nrn All Partes, Authorized Representatives, witnesses and other persons present at
the public hearing shall conduct themselves in a manner so as not to obstruct or delay the orderly
presentationofevidence and issues. Where such decorum is not observed, the Hearing Offcermry
take appropriate action
(d) Hearing Officer. The Hearing Officer shall define issues, receive and consider relevant and
reliable evidence and exclude irrelevant evidence, ensure an orderly presentation of the evidence
and issues, and aid the board in reaching a decision based on the evidence presented at the hearing
and in accordance with the standards set forth it M.G.L. c. 111, § 150A.
(e) Rights ofPartes. All Partes shall have the right to present evidence, cross-examine, make
objections and make oral arguments. Cross-examinationshalloccur innrediately after any witness'
testirony has been received. Whenever appropriate, the Hearing Officer tray pemtit redirect and
recross.
(f) Evidence and Testing
1. A witness' testimony shall be under oath or afirnmtion
2. All evidence and testimony, materials and legal rules on which a decision is to be based
mist be entered into the Record of the public heating, unless excluded pursuant to 310 CMR
16.20(8)(b), or (10)(03.
3. Witnesses giving testirmny shall be available for such further examination or cross
examination as is detemnined to be appropriate by the Hearing Officer. Fail= ofa witness to
be so available may be grounds to strike any other testimony given by such witness from the
record at the sole discretion of the Hearing Officer. The Hearing Officer may fruit or exclude
unduly repetitious or irrelevant evidence. The Report and the Department Record shall not
constitute testimony for the purposes of 310 CMR 16.20
4. All docurnents and other evidence offered in evidence shall be open to examination by the
Partes.
5. All evidence including any records, investigative reports, documents and stipulations which
are to be retied upon in making a decision must be offered and made a part of the Record.
Documentary evidence may be in the form of copies or excerpts, or by incorporation by
reference.
6/8/01 310 CMR- 588
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.20: continued
(9) AdministrativeNotice. The Hearing Officer or the board ofheath maytake notice of any fact
which maybejudicially noticed by the courts, and in addition may take notice ofgeneral, technical
or scientific facts within their specialized knowledge. Partes shall be notified of the material so
noticed, and theyshall be afforded an opportunity to contest the facts so noticed. The board may
utilize their experience, technical competence and specialized knowledge in the evaluation of the
evidence presented to them
(h) Subpoenas. No subpoenas maybe issued or enforced requiring the attendance and testi orry
of a witness or the production of documents at the public hearing.
@ Transcript of Proceedincs. Testinorry and argument at the hearing shall be either recorded
electronically or stenographically. Transcripts ofthe proceedings shall be supplied to any Party,
upon request, aths own expense. Arry Party, upon motion, may ordera stenographer to transcribe
the proceedings, at his own expense. In such event, a stenographic record shall be provided to the
board or Hearing Officer at no expense to the board, and upon such other terms as the board or
Hearing Officer shall order.
0) Contents ofRecord. The record of the proceedings shall include the Departments Report On
Suitability and accompanying Record, the Department of Public Heath report, lorry, and shall in
addition, const ofthe following teras appropriate to the hearing. pleadings, prehearing conference
memoranda, magnetic tapes, orders, briefs, and memoranda, transcripts, exhibits and other papers
or documents which the Hearing Officer has specifically designated be trade part ofthe record.
(k) Decsion
1. Tine ofDecsion The board shall render its decision within 45 days of the initial date of
the public hearing
2. Standard of Decision. A board shall deter tin a that a site is suitable for assignment as a
site far a new or expanded solid waste facility unless it makes a finding, supported by the
record of the hearing, that the siting thereof would constitute a danger to the public heath,
safety or environment, based on the siting criteria set forth and established under 310 CMR
16.40.
3. Tentative Decision. Tentative decision shall not be issued as a matter ofronaite, but shat
be issued only da Party requests a tentative decision either it writing or orally on the record,
prior to the close of the hearing on the merits; or if the board determines that a tentative
decision should be issued in the interest ofjustice. Every tentative decision shall be it writing
and shall be signed by a majority of those officials of the board who rendered the decision
Every tentative decision shat contain a statement of the reason therefor, including a
determination of fact pertaining to each of the site suitability criteria listed in 310 CMR 16.40
or haw necessary to the decision. If the majority ofthe board who mast sign the final decision
have personally heard or read the evidence, the board shat not be required to comply with a
request to issue a tentative decision.
4. FinalDecision Every limIdecisionshall be in writing and shall besigned byamajority of
those officials of the board who rendered the decision Every final decision shall contain a
statement of the reason therefore, including a determiation of fact pertaining to each of the
site suitability criteria listed in 3 10 CMR 16.40 or law necessary to the decision, provided that
if a final decision was preceded by a tentative decision, the foal decisions may incorporate by
reference those determinations set forth in the tentative decision, subject to such modifications
and discussion as the Hearing Officer or board may deem appropriate to respond to timely
fled opposing and concurring views with the tentative decision.
(11) Selection arid Qualification ofHearing Office
r
(a) The Hearing Officer shat be selected by majority vote of the board of heath
(b) The person selected to be doe Hearing Officer shall be impartial and have the requisite
qualification to properly perform the duties and responibtties of Hearing Officer. Except as
agreed to by the parties and a majority of the board ofheath, no person shad be a Hearing Officer
who:
6/8/01 310 CMR - 589
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.20: continued
1. is related to any board member, abutting board of health member, party, abutter, or
applicant;
2. is a current or former employee or agent ofthe applicant or of the municipality where the
proposed sites located or a municipality of an abutting board of health prior to selection as
Hearing Officer. Notwithstanding the aforesaid, a person who has previously served as a
Hearing Officers not excluded from subsequent service as a Hearing Officer,,
3. has a personal financial interest or at the time of selection or at any time during the
proceedings be employed by any personhaving a financial interest in the board's decision on
site suitability; or
4. does not have experience by training or practice in conducting administrative or judicial
proceeding's.
(c) Duties. The Hearing Officer's duties shall include:
1. opening and closing the hearing;
2. establishing the order ofthe proceedings;
3. ensuring that only reliable and relevant testimony is introduced;
4. assisting all those giving testimony to make a full and free statement ofthe facts in order to
bring all information necessary to detemmte whether a site is suitable or not suitable;
5. ensuring that all Patties have an opportunity to present their claim orally or in writing and
to present witnesses and evidence relevant to the suitability or non -suitability of the site;
6. ensuring that participates have an opportunity to present evidence, whether orally or in
writing, relevant to the suitability or non -suitability ofa site;
7. introducing into the record any regulations, statutes, memoranda or other materials he
believes relevant to the issues at the proceeding;
8, receiving, nding on, Urnitingor excluding evidence pursuant to 3 10 CMR 16.20(l 0)(1); and
9. establishing a date and time following the close ofhearargurtiil which time written evidence
will be received, considered and made part of the record.
Where proceduralssues arse regarding the conduct ofthe hearing which are not governed
by310 CMR 16.20 the Hearing Officer may rely on 801 CMR 1.00: Standard.4djudicatory
Rules of Practice and Procedure, to resolve such issues.
(d) Powers. The Hearing Officer's powers shall include the authority to:
I. request a statement of the issue or issues and define the relevant issues;
2. regulate the presentation of the evidence and the participation of the Paries or their
representatives, or the participation of other Persons, for the purpose ofensuring an adequate
and comprehensible record ofthe proceedings. To this end the Hearing 0f$cermay conduct
his own examination of witnesses, may require that an examination or cross examination of
witnesses be directed through the Hearing Offcer, through some other person, or by any otter
mears or method of examination or cross examination of witnesses as he determines is
appropriate to ensure full examination of the issues; and
3. regulate the presentation of the evidence and the participation of the Parties or their
representative or the participation ofotfer Personas for the purpose ofenstring that the public
hearing is concluded in a timely manner to allow the board to render a written decision within
45 days ofthe commencement date of the public heath& To this end the HearingOfficersha8
impose such time restrictions and limitations on oral presentations as he deems appropriate.
(12) Imposition of Conditions The board my include in any decision to grant a site assignment such
limitations with respect to the extent, character and nature of the facility or expansion thereof, as may
be necessary to ensure that the facility or expansion thereofwdl not present a threat to the public health,
safety or the envronmen t.
(13) Notice ofDecsioa
(a) Incorporation into the Record. Upon its issuance, the decision shallbe incorporated into the
Record and made available for inspection and copying as set forth in 310 CMR 16.20(8)(a).
6/8/01 310 CMR - 590
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.20: continued
(b) Ti a ofNotice. Within seven days of issuance of its decision the board shall publish notice
of its decision in the same manner as set forth in 310 CMR 16.20(7)(b).
(c) Content of Notice. The nature of decision shall identify the applicant, briefly describe the
proposed facb'ty, including its location, and set forth the board determination. The notice Shan
include the followingprovision:'My person aggrieved by the decision ofthe board ofheahh may,
within 30 days of publication of this Notice of Decision appeal under the provisions of M.G.L.
c. 30A, § 14."
16.21: Alternative Use ofAssnd Site
(1) Site Assimnrent. Where a she has been assigned as a dumping ground ora refuse disposal
incinerator pursuant to St 1955, c. 310, § 2, a different solid waste activity shall not be conducted at
the site except in accordance with a new or modified site assignment established in accordance with
310 CMR 16.00, except as specified at 310 CMR 16.21(3)(a).
(2) General Use Site ASslmmwnt. Where a site assignment does not contain a condition limiting its
use to a particular method of solid waste management, a new or modified site assignment is not
required to obtain a perms for any solid waste management activity at the site.
(3) Specific Use Site Assienent Where a site is assigned for a specific solid waste purpose, a
different solid waste activity shall not be conducted at the site except in accordance with a new or
modified site assignment, except as allowed at 310 CMR 16.21(3)(a) or (b):
(a) Recvcfrne. Con>postine or Other Processing Recycling or composting may be approved at
any assigned, permitted active disposal or handling facility without requiting a new or modified site
assignent when such activityis integratedinto the assigned solid waste management operation and
the tonnage finch, if any, for recycling or composting are not exceeded. After the solid waste
facility ceases operation the recycling or composting ofsolid waste shall not be permitted at the site
except in accordance with 310 CMR 16.21(3)(b) and the processi ngofrecyclable or compostable
material shall not be permitted except in accordance with a Department approval for post -closure
use ofthe site.
(b) Handlftw Facility at a Closed or Inactive Landfill or Combustion Facility She. A site which
has been assigned for use as a landfill or combustion facility which has been closed or is in the
process of imminently closing shah not require a new or modified site assignment to obtain an
approval for the storage, transfer or processing of solid waste when:
6/8/01 310 CMR - 590.1
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
NON -TEXT PAGE
6/8/01 310 CMR - 590.2
16.21: continued
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
1. the facility does not receive solid waste in excess of the tonnage limits stated in the site
assignment for landfilling or combustion or processing
2. the outstanding site assignment does not contain a condition which directly or indirectly
prohibits the handlmgactivity or establishes a date for the termination ofafi solid waste activities
at the site which is shorter than the anticipated usefW life of the handling facility; and
3. the site meets the su tabilay criteria at 310 CMR 16.40(3)(d), unless a waiver of one or
more criteria has been granted pursuant to 310 16.40(6).
16.22: Modifications to and Rescissions and Suspensions of Site Assia nts
(1) Modifications to Site Assimpents Due to a Threat to Public Health Safety or the Environmetu.
In accordance with M.G.L. c.l 11, § 150A, the assigning board of health, or the Department, may at
any time rescind, suspend or modify a sue assignment upon a determination that the operation or
maintenance ofa facility results in a threat to public health, safety or the environment after due notice
and public heating The public hearing must satisfy the requirements ofM.G.L c.30A, § 11.
(2) Maier Modifications to Site Assienmro pts at the Request of the Facility Owner or Operator.
Modifications deemed tobe "Major Modifications" hekide: modifications required to "Expand a Sue";
vertical expansions beyond the limits of an approved plan; modification as specified at 310 CMR
16.21(1) and 16.21(3), Alternative Use of An Assigned Site; or arry request to waive any sue
assignment criterion set forth at 310 CMR 16.40(3) as it applies to the existing facility. A major
modification shall require submental of new site assignment application that addresses all criteria
affected by the modification, as determined by the Department in writing, and shall be reviewed in
accordance with the requirements established at 310 CMR 16.08 through 16.20.
(3) Minor Modifications to Site Assim rents at the Reeuest ofthe FacifityOwner or Operator. Arry
request to modify a site assignment that is not subject to 310 CMR 16.22(1) or (2), including any
request to modify conditions established by the Board of Health in the site assignment, or to increase
daily or annual tonnage I¢rtits, except as specified at 310 CMR 16.22(4), are deemed to be "Minor
Modifications." The Board of Health may modify a site assignment to address a minor modification,
at the request ofthe facility owner or operator, without requiring the filing of a new application by the
applicant or site suitability report by the Department, provided the Board of Health provides public
notice and holds a public hearing in accordance with the requirements of 310 CMR 16.00 prior to
deciding on the minor modification.
(4) Reserve CapacitvApprovas. Notwfttandng310 CMR 16.22(3), arty facility may request, in
writing to the Department, a temporary increase in the daffy or annual tonnage limits to address a short-
term emergency situation, as deterrrmned by the Department, without the requirement for a minor
modification ofthe site assignment
(5) MEPA Rev ew. Any modifications to the site assignment may require the filing of a Notice of
ProjectChangepursuatuto310CMR11.10,MEPARegulations. Should a Notice ofProject Change
be required the applicant shall comply with 310 CMR 16.08(5)(d) prior to submitting a new site
assignment application.
16.30: Fees
(1) Application Fees
(a) General The Application Fee is a fee which is paid by an applicant to the board of health
The board of health may use the fee for eligible costs of reviewing technical data, obtaining
technical assistance and conducting a public hearing The Application Fee shall be assessed as two
separate fees:
L Technical Fee; and
2. Public Hearing Fee.
6/8/01 310 CMR - 591
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.30: continued
(b) Excess Fees. The board of health sball return to the applicant any of the Application Fee in
excess ofthe actualexpendkures for allowable costs followingthe completion ofthe site assignment
process.
(c) Alternative Systems. The board of health may establish, in leu of pan or all of 310 CMR
16.30, another system for the assessment andpaymernofanAppleationFeeprovided such system
is agreed to by the applicant.
(d) Nothing in 310 CMR 16.30 creates or modifies any rights ofboards of health relative to the
assessment or collection of fees under applicable statutes, by-laws, or ordinances governing
mnicilial finance.
(2) Technical Fee.
(a) General The Technical Fee may be used by the board of health to cover the cost of
conducting a review of technical data and/or to cover a portion of the cost of other technical
assistance.
(b) Assessment ofFee.
1. Assessment. The board of health, upon the receipt of an application, may assess by a
written notice to the applicant a Technical Fee for said application not to exceed the maxinnan
amount set forth in 310 CMR 16.99.
2. Form of Payment. The board shall prescribe the amount ofthe fee and the manner of
payment in writing to the applicant within ten days ofthe Sling ofthe application in accordance
with 310 CMR 16.08.
3. Payment The applicant shag paythe Technical Fee in the amount and manner prescribed
by the board of health
4. Waiver. The board ofheakh may waive all or a portion ofthe Technical Fee. Any such
waiver shag be made in writing to the applicant.
5. Absence of assessment or waiver. In the absence of an assessment or waiver of the
Technical Fee by the board ofheakh in accordance with 310 CMR 16.30(2)(b)l., 2. or 4.,
the applicant maysatisfy the Technical Fee payment requirements by making a payment inthe
form of a certified or bank check or money order, in an amount equal to the naxinnrn
Technical Fee for the appropriate facility as specified in 310 CMR 16.99.
(c) TechnicalReview
1. General The Technical Fee maybe expended for 100% ofthe allowable cost ofrevewung
technical data submitted to the board of health.
2. Allowable costs. Albwable costs for technical review include the cost ofhiringconsultants
and related technical experts to assist the board of heahh in reviewing the application, the
Department Report on Suitability, the Department of Public Health's Report and comments,
public continents and any subsequent amendments or additions to the application
3. Allowable tasks. Allowable tasks for the consultants and related technical experts include:
a. determining completeness and accuracy of data in the application;
b. determining whether the correct analytical techniques were used, whether valid data
were obtained, and whether the data support the proposed conclusions;
c. determining what other data should be obtained, the means to obtain it and its potential
significance;
d. examining municipal, Department and other relevant records and consulting with
Department sm$
e. visiting the site to make a visual inspection;
f preparing and submitftcomnerntstothe Department ontechnical issues relating tothe
site and the site suitability criteria;
g. reviewing the Department Report on Suitability and other data submitted prior to and
during the heating and
h preparing a written report of comments and determinations.
4. Excluded Costs. Allowable costs for technical review shag not include the cost of
conducting site, environmental or population sampling and analyses, otherwise generating new
data, or performing independent analyses of environmental health impacts. These costs may
qualify as allowable costs for technical assistance in accordance with 310 CMR 16.30(d)2.
6/8/01 310 CMR - 592
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.30: continued
(d) Technical Assistance
1. General The Technical Fee may cover 50% of the cost ofprovdingexpert legal, scientific
or engineering assistance to the board ofbeakh to assure that all points of view are adequately
presented and evaluated at the public hearing
2. Allowable costs. Allowable costs for technical assistance include the cost of hiring
consultants, technical experts or legal counsel, Allowable types oftechnical assistance include:
a. legal counsel to represent the board ofheakh at the hearing and to examine witnesses
at the hearing;
b. scientific and/or engineering experts to help develop evidence, question witnesses
and/or testify at the hearing and
c. photographic or graphic expertise.
(e) Exhaordnnary Expenses
1, Assessment. After commencement of the public heating pursuant to the requirements of
310 CMR 16.20, the board of health may assess in wrift an additional Technical Fee
payment when the following conditions are satisfied:
a. the evidence proposed to beobtainedby the expenditure of the fee is likely to be
critical to the determination of site suitability; and
b. the applicant has faded to provide such evidence upon request by the Hearing Officer,
and
c. the evidence cannot be acquired without the expenditure by the board of health of
fins in excess of the Technical Fee; and
d. the evidence did not exist or was not reasonably discoverable through due diligence
by the board of health prior to the request; or
e. the evidence is based on new scientific or technical standards or criteria which were
previously unavailable.
2. Payment or Appeal The applicant upon receipt of the written request may.
a. within three days appeal to the Hearing Officer for a determination as to the
appropriateness an reasonableness ofthe fee assessment; or
b. make the appropriate payment as prescribed by the board of health within ten days.
3. HeatineOfficer's Decision onAoneals.
a. Standard of Decision The Hearing Officer shall determine that an extraordinary
expense request is reasonable only ifshe or he fords that the conditions in 16.30(2)(e)l.
are satisfied.
b. Decision by the Hearing Officer. The Hearing Officer shall issue a written
determination to the applicant an the board of health When the Heating Officer
determines the assessment is reasonable the applicant shall make the appropriate payment
as directed by the board of health within six days. When the Hearing Officer determines
the assessment is not reasonable the applicant shall not be required to make the payment.
4. Non-payment. The board of health may withhold final disposition of the site assignment
application mW the applicant submits the payment or issue a determination based on the
available idbraiation
(3) Public Hearing Fee.
(a) Genera L The board of health may use the Public Heating Fee to cover the cost ofconucting
a public hearing that meets the requirements of 310 CMR 16.20.
(b) Assessment an Payment of the Public Hearing Fee. The board of health, upon the receipt
of a Department Report on suitability that contains a finding that a site is suitable, may assess a
Public Hearing Fee.
1. Initial Public Hearing Fee Assessment.
a Assessment. The board ofheakh shall prescribe to the applicant in writing the amount
an manner ofpayment of the initial pub tic hearing fee assessment.
b. Maximum Amount. The maximum amount ofthe impel assessment shall be 50% of
the maximum allowable Technical Fee for the appropriate size an type of face ty as set
in 310 CMR 16.99.
c. Payment. The applicant shall paytheinitialpubtichearing fee assessment asprescribed
by the board of health within 15 days ofreceipt ofthe written request from the boar].
6/8/01 310 CMR - 593
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.30: continued
2. Additional Public Hearing Fee Assessments.
a. General In the event that the initial Public Hearing Fee assessment is insufficient to
cover the allowable costs described in 310 CMR 16.30(3)(d) the board of health may
require additional Public Hearing Fee payments.
b. Assessment. The board ofhealth shall prescribe tothe applicant, anwriting, the amormt
and manner ofpayment ofthe additional public hearing fee assessments.
c. Payment The applicant shall pay the additional assessment within slot days of receipt
of the written request from the board of health.
3. Fee Waiver. The board of health may waive all or a portion of the Public Hearing Fee.
(c) Non-pavmentofFees
1. Suspension of Heath=. In the event that any fee assessment is not paid as required, the
board ofhealth may suspend the public hearing or, in the case of the vdtalpayment, delaythe
opening of the public hearing.
2. Resumption ofHearhnes. Any hearing delayed or suspended because of non-payment of
fees shalt be commenced or resumed within seven days ofreceipt ofpayment orresolution of
a fee dispute in accordance with 310 CMR 16.30(6).
3. Exertion. When the applicant is the municipality itself or an agency thereof; the public
hearing shalt not be delayed or suspended because of non-payment of any public hearing fee
assessment.
(d) Allowable Costs. The only allowable costs that may be paid from the Public Hearing Fee are:
1. the cost ofarry notice required under 310 CMR 16.20;
2. the cost of recording, through a stenographic record, tape recording or other means as
determined by the Hearing Officer the record of the pmceedings;
3, the cost of having a Hearing Officer perform the duties set forth in 310 CMR 16.20;
4. the cost ofproducmgany copies required under 310 CMR 16.20; and
5. the cost of renting a hall, chars and/or public address systemwhenthe municipality has no
such facilities or equipment which are adequate for to purpose of the public heath&
Transcription ofthe proceedings shag not be paid for from the Hearing Fee except by order
ofthe Hearing Officer priorto a final decision on site assignment by the board of health. Thecost
oftranscnbuhg or otherwise preparinganol$cial transcript for appeal shag not be paid by the Public
Hearing Fee.
(4) Expenditure of to Application Fee
(a) General All expenditures of the Application Fee shag be reasonable. The am= paid for
any service shag not exceed the usual and customary amount for such service.
(b) Obligation ofFunds. The board of health shag not spend or enter into obligations to spell
any or all of the Technical Fee without a scope of work. The scope ofwork shag detail proposed
contractor's services and include cost estimates for each service and describe whether the
proposed service is for technical review or technical assistance.
(c) Record Keeyin The board ofhealth shag make and retain or require all persons paid from
the Application Fee to make and retain written records which set forth:
1. a description ofeach ofthe services performed and work products developed; and
2. the amount expended for each such service or work product.
(d) Production of Records. The board of health, upon written request from the applicant, the
Hearing Officer or the Department, shag provide or cause their contractor to provide, within a
reasonable tire not to exceed 14 days, a copy of said records.
(e) Cessation of Expenditures. The board ofhealth shag not spend any additional amount of the
Application Fee and shag make reasonable efforts to hag all work on any activities that would be
covered by the Application Fee, when the board of health receives either:
1. a Department Report on Suitability that finds a site not suitable; or
2. a notice from the applicant withdrawing the application from consideration.
6/8/01 310 CMR - 594
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
1630: continued
(5) Reimbursement ofUnexnended Fees
(a) Recuest for Reimbursement. After a final decision on the application or upon the withdrawal
ofan application, the applicant may submit a written request to the board of health to provide a
final accounting of all firhds expended or owed from the Application Fee and to return all
unexpended and uncommifted finds. For the purpose of 310 CMR 16.30, a final decision shallbe
either:
1, the Department Report on Suitability fading a site to be not suitable; or
2. a determination by the board of health to assign a site or to refuse to assign a site after a
public hearing
(b) Accountme The board ofheahhshall provide afull accounting ofaltexpenditures withm45
days of receipt ofthe request
(c) Re'vnbrasemem, The board of health shall return the unencumbered m Bred finds within a reasonable
time period.
(6) Fee Disputes
(a) Tie board of health shall expend and, if applicable, reimburse to the applicant all fees in
accordance with the requirements of 310 CMR 16.30.
(b) Any clams by the applicant against the board of health for improper disposition of fees shall
be adjudicated an a court of cornpetentjur'sdletion or, if mutually agreed upon by the parties, by
arbitration or mediation
Preamble
310 CMR 16.40 establishes the criteria and decision making process the Deparment shall utilme
in determining whether a site is suitable for a proposed solid waste management facility and upon which
boards ofheahh shall base a determination to grant or refuse to grana a site assignment.
1.6.40: SitcSuitablrtvCriteria
(1) Determi ationofSuitabtb'ty.
(a) Derartments Determination The Department shalt determine whether a site for a new or
expanded facilityofthe type and scope proposed is suitable or riot suitable based upon the criteria
set forth in 310 CMR 16.40(3), (4) and (5). In reviewing these criteria, no site shall be deemed
to be suitable where the impacts from the solid waste management facility will by itself or in
combinationwdhimpacts from other sources within the affected area, constitute a danger to public
health or safety or the environment In determining whether or not a proposed fac0 ty meets the
criteria, set forth in 310 CMR 16.40(3), (4) and (5);
1. the Department shall rely upon the application and information supplied by the applicant
or any other information made available to the Department;
2. the applicant bears the burden of showing that the proposed facility meets the criteria set
forth in 310 CMR 16.40(3), (4) and (5).
3. if the Department determines that the facil y is located within a Restricted Area, the
applicant shall receive a negative Site Suitability Report;
4. if the Department determines that the fac0ity is not located within a Restricted Area, the
Department shall evaluate the criteria set forth in 310 CMR 16.40(3), (4) and (5), using such
existing state and federal standards, criteria, guidelines or allowable lints and technical health
reports which are intended to protect the public heahh, safety, and the environment;
5. the Department shall consider whether the site is in a preferred municipality as defined
herein; and
6. the Department shall consider whether the site use promotes integrated solid waste
management in accordance with 310 CMR 16.40(5). -
(b) Site Assimanent by Boards of Health The board ofhealth shall assign a place requested by
an applicant as a site for a new facility or the expansion of an existing facility which has received
a positive site suitability report from the Department unless it makes a finding that the siting thereof
would constitute a danger to public health, safety, or the environment. The finding shall be
supported bythe record of evidence and shallbe based upon the relevant criteria set forth at 310
CMR 16.40(3), (4) and (5). The board of health shall riot m pose any condition pertaining to
fac0iy design except in accordance with conditions placed by the Department pursuant to 310
CMR 16.40(lxc)3.
6/8/01 310 CMR - 595
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.40: continued
(c) Facility Desiar Review.
1. General All applications shall beevaluated withthepresumptionthat the proposed facility
shall be designed and constructed to meet all relevant state and federal statutory, regulatory
and policy requirements.
2. Desd M Considerations. The review of an application shall not consider detailed facility
designs or operations except where:
a. the Department determines that specific design or operation plans or data are
necessary to determine whether potential discharges or emissions from the proposed
faculty could tender the site not suitable and requires the applicant to submit such relevant
and detailed mt'o rrivion; or
b. the applicant intends to alter the site or design the facility to meet specific site suitability
criteria and submits such plans or other information as the Department deems necessary
to determine ifthe criteria are satisfied.
3. Design Conditions. When facility design or operation plans are submitted the Department
may base a site suitability determination on:
a. the incorporation of specific facility design elements; or
b. compliance with performance and technical standards and criteria.
(2) Application ofthe Site Suitability Criteria. Facility specify site suitability criteria are set forth in
310 CMR 16.40(3) for each ofthe following types of solid waste management faculties:
(a) landfill facilities;
(b) single waste landfills (Reserved)
(c) sold waste combustion faculties; and
(d) solid waste handling facilities.
Generally applicable criteria are set forth in 310 CMR 16.40(4) and apply equally to all types of
solid waste management ScilRies.
(3) Facility Specific Site Suhabft Criteria.
(a) Criteria for Landfill Facilities (Restricted Areas). No site shallbe detenntred to be suitable
or be assigned as a landfill facility where:
1. any area ofwaste deposition would be within a Zone 11 area ofan existing public water
supply w'e%
2. any area of waste deposition would be within the Interim Wellhead Protection Area
OWPA) of an existing public water supply provided that the proponent may conduct a
preliminary Zone 11 study, approved of by the Department, to detemmre if the facility would
be beyond the Zone lI ofthe public water supply wen in question;
3. any area ofwaste deposition would be within a Zone IT or Interum Wenhead Protection
Area (IWPA) of proposed drinking water source area, provided that the documentation
necessary to obtain a source approval has been submitted prior to the earlier ofether the site
assignment application, or if the MEPA process does apply, the Secretary's Certificate on the
Environmental Notification Forum or Notice of Project Change, or where applicable, the
Secretarys Certificate on the EIR or Final EIR;
4. any area ofwaste deposition would be within 15,000 feet upgradient ofthe existing public
water source well or proposed drinking water source area for which a Zone 11 has not been
calculated; the proponent may conduct a prel¢rmary Zone II study, approved of by the
Department, to detemmne ifthe facility would be beyond the Zone 11 ofthe public water supply
well or proposed drinking water source area in question;
5. it is determined by the Department that a discharge from the facility would pose a danger
to an existing or proposed drinking water source area;
6. any area of waste deposition would be over the recharge area of a Sole Source Aquifer,
unless an of the following criteria are met:
a. there are no existing public water supplies or proposed drinking water source areas
downgradient ofthe site;
b. there are no existing or potential private water supplies downgradient of the site;
however, the applicant may have the option ofprovidingan alternative public water supply
to replace all the existing or potential downgradient private groundwater supplies; and
c. there exists a sufficient existing public water supplyor proposed drinking water source
area to meet the nuanicipantys projected needs;
6/8/01 310 CMR - 596
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.40: continued
7. airy area ofwaste depositions within the zone ofcontnbutan ofan existing public water
supply or proposed drinking water source area, or the recharge area of a surface drinking
water supply, pursuant to a mumicipalordinance c r by-law enacted in accordance with M.G.L.
c. 40A, § 9;
8. arty area of waste deposition would be within the Zone A or Zone B of a surface drinking
water supply;
9, any area of waste deposition would be less than 400 feet upgradient, as defined by
groundwater flow or surface water drainage, of a perennial water course that duras to a
surface drinking water supply which is within one mile of the waste deposition area;
10. any area of waste deposition would be within a Potentially Productive Aquifer unless:
a. the proponent demonstrates to the Department's satisfaction, based onhydrogeological
studies, that the designation ofthe area as a potentially productive aquifer is incorrect;
b. the proponent demonstrates to the Department's satsfaction, based on
hydrogeological studies, that the aquifer cannot now, nor in the reasonably foreseeable
fiarae, be used as a public water supply due to existing contamination of the aquifer, or
c. the area has been excluded as a 'Non -Potential Drinking Water Some Area"
pursuant to 310 CMR 40.0932, or as otherwise defined at 310 CMR 40.0006: The
Massachusetts Contingency Plan.
11. any area of waste deposition would be within 1000 feet upgradienn, and where not
upgradlent, within 500 feet, ofa private water supply well existing or established as a potential
supply at the time of submittal ofthe application; provided, however, the applicant may show
a valid option to purchase the restricted area, including the well and a guarantee not to use the
well as a drinking supply, the exercise ofwhich shall be a condition of any site assignment;
12. the max mu n high groundwater table is within fair feet of the ground surface in areas
where waste deposition is to occur or, where a lacers designed to the satisfaction of the
Department, within four feet ofthe bottom of the lower-most Tuner,
13. the outermost fruits of waste deposition or leachate containment structures would be
within a resource area protected by the Wetlands Protection Act, M.G.L. c. 131, § 40,
including the 100 year floodplain;
14. any area ofwaste deposition or the leachate containment strictures would be less than
400 feet to a lake, or 200 feet to a Riverfront Area as defined in 310 CMR 10.00, that is not
a drinking water supply,
15. any area of waste deposition would be within 1000 feet of an occupied residential
dwelling, health care facility, prison, elementary school, middle school or high school or
chtldreds pre-school, licensed day care center, senior center or youth center, excluding
equipment storage or maintenance structures; provided, however, that the applicant may slow
a valid option to purchase the restricted area, the exercise ofwhich shall be a condition of any
site assignrnenh or
16. waste deposition on the sae would result in a threat ofan adverse impact to groundwater
through the discharge of leachate, unless it is demonstrated to the satisfaction of the
Department that a groumdwaterprotection system will be incorporated to prevent such threat.
(b) Criteria for Sin& Waste Landfills (Reserved)
(c) Criteria for Solid Waste Combustion Facilities. No site shall be determined to be suitable or
be assigned as a solid waste combustion facility where:
1. the waste handling area would be within the Zone I of a public water supply,
2. the waste handling area would be within the Interim Wellhead Protection Area (I WPA) or
Zone H ofan existing public water supply, or within a proposed drinking water source area,
provided that the documentation necessary to obtain a source approval has been submitted
prior to the earlier ofeither the site assignment application, or tithe MEPA processdoes apply,
the Secretary's Certificate on the Environmental Notification Form or Notice of Project
Change, or where applicable, the Secretary's Certificate on the EIR or Final EK unless
restrictions are imposed to minitrize the risk of an adverse irnpact to the groundwater, and
either
a. the proponent can demonstrate to the satisfaction of the Department that the facility
cannot reasonably be sited outside the IW PA or Zone 11; or
16.40: continued
b. there would be a net environmental benefit to the groundwater by siting the facility
within the Zone 11 or the IWPA where the site has been previously used for solid waste
management activities.
6/8/01 310 CMR - 597
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
3. the waste handling area would be within the Zone A of a surface drinking water supply,
4. the waste handling area would be within 500 feet upgradient, and where not upgradient,
within 250 feet, of an existing or potential private water supply well existing or established as
a Potential Private Water Supply at the time the applicationwas submitted; provided however,
the applicant may show a valid option to purchase the restricted area including the well and a
guarantee net to use the well as a drailcmg water source, the exercise of which shag be a
condition of any site assignment.
5. the maximum high groundwater tables within two feet oftle ground surface in areas where
waste handling is to occur unless it is demonstrated that a two foot separation can be designed
to the satisfaction ofthe Depattmert;
6. the waste handling area would be within 500 feet of an occupied residential dwelling,
prison, health care facility, elementary school, riddle school or high school, or children's
preschool, excluding equgiment storage or maintenance structures, licensed day care center,
senior center or youth center, provided, however, that the applicant may show a valid option
to purchase the restricted area, the exercise of which shag be a condann of any site
assignment; or
7. the waste handling area would be within the Riverfront Area as defined at 310 CMR
10.00.
(d) Criteria for Solid Waste HanditFaciities. No site shag be determined to be suitable or be
assigned as a solid waste handling facility where:
1. the waste handling area would be within the Zone I of a public water supply,
2. the waste handling area would be within the Interim Wellhead Protection Area (IWPA) or
a Zone II of an exstmgpublic water supply well within a proposed drinking water source area,
provided that the documentation necessary to obtain a source approval has been submitted
prior to the earlier ofeaher the site assi@rnent application, orifthe MEPA process does apply,
the Secretarys Certificate on the Environmental Notification Form or Notice of Project
Change, or where applicable, the Secretarys Certificate on the EIR or Final EIR, unless
restrictions are imposed to mmmnite the risk of an adverse impact to the groundwater; and
either
a. the proponent can demonstrate to the satisfaction of the Department that the facility
cannot reasonably be sited outside the IWPA or Zone 11; or
b. there would be a net emronmerasl benefit to the groundwater by siting the facility
within the Zone 11 or the IWPA where the site has been previously used for solid waste
management activities.
3. the waste handling area would be within the Zone A of a surface drinking water supply,
4. the waste handling area would be within 500 feet upgradient, and where not upgradient,
within 250 feet, ofan existing or potential private water supply well existing or established as
a Potential Private Water Supply at the tate ofsubmatalofthe appgcatioq provided however,
the applicant may show a valid option to purchase the restricted area including the well and a
guarantee not to use the well as a drinking water source, the exercise of which shall be a
condition of any site assignment.
5. the waste handling area of,
a. a U=fi!r station that proposes to receive less than or equal to 50 tons per day ofsofid
waste and utas a fogy enclosed storage system such as a corMactor unit, is 250 feet
from;
i anoccupied residential dwel rg or
a a prison, health care facility, elementary school, middle school or high school,
children's preschool, licensed day care center, or senior center or youth center,
excluding equipment storage or maintenance structures.
In. any other transfer station or any handling facility is 500 feet from
i an occupied residential dwelling; or
6/8/01 310 CMR - 598
16.40: conthnred
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
E a Arson, health care facility, elementary school, riddle school or high-school,
chldren's preschool, licensed day care center, or senior center or youth center,
excluding equipment storage or maintenance structures.
6. the waste handling area would be within the Riverfront Area as defined at 310 CMR
10.00; or
7. the maxhrsmn high groundwater table would be within two feet of the ground surface in
areas where waste harrdli ng is to occur unless it is demonstrated that a two foot separation can
be designed to the satisfaction of the Department
(4) General Site Suitability Criteria. The following Site Suitability Criteria shall apply to a0 types of
solid waste management facilities.
(a) Apicuhpual Lands. No site shall be determined to be suitable or be assigned as a solid waste
management facility where:
1. the land is classified as Prime, Unique, or of State and Local Importance by the United
States Department of Agtulture, Natural Resources Conservation Service; or
2. the land is deemed Land Actively Devoted to Agricultural or Horticultural Uses, except
where the facility is an agricultural composting facility; and
3. a 100 foot buffer would not be present between the Jack and those lands classified at
310 CMR 16.40(4)(a)l. or 2.
(b) Traffic and Access to the Site. No site shall be determined to be suitable or be assigned as
a solid waste management facriny where traffic impacts from the ftcila' y operatanwould constitute
a danger to the public health, safety, or the environment taking into consideration the following
factors:
1. traffic congesting
2. pedestrian aid vehicular safety,
3. road configurations;
4. alternate routes; and
5. vehicle emissions
(c) Wildlife and Wildlife Habitat No site shallbe determined to be suitable or be assigned as a
solid waste management facility where such siting would:
1. have an adverse impact on Endangered, Threatened, or Special Concent species listed by
the Naturall4eritage and Endangered Species Program ofthe Division ofFisheries and Wildlife
in its database;
2. have an adverse impactonanEcobgicaflySigrificantNaturalConmmuyasdocnanemed
by the Natural Heritage and Endangered Species Program in its database; or
3. have an adverse impact on the wildlife habitat ofany state Wildlifi Management Area.
(d) Areas of Critical Environmental Concern No site shall be determined to be suitable or be
assigned as a solid waste management fac0ity where such siting;
1. would be located within an Area of Critcal Environmental Concern (ACEC), as
designated by the Secretary of the Executive Office of En iromrental Affairs; or
2. would fiL9 to protect the outstanding resources ofan ACEC as identified in the Secretary's
designation if the solid waste management facility is to be located outside, but adjacent to the
ACEC.
(e) Protection of Open Space. No site sha0 be determined to be suitable or be assigned as a
solid waste management facility where such siting would have an adverse impact on the physical
environment oC or on the use and enjoyment of
1. state forests;
2. state or municipal parklands or conservation land, or other open space held for natural
resource purposes in accordance with Article 97 of the Massachusetts Constitution;
3. MDC reservations;
4. lands with conservation. preservation, agricultural, or watershed protection restrictions
approved by the Secretary of the Executive Office of Environmental Affairs; or
5. conservation land owned by private non-profit land conservation organizations and open
to the public.
6B/01 310 CMR - 599
Y
16.40: continued
6/8/01
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
(t) Potential Air Quality Impacts' No site shaft be detemmted to be suitable or be assigned as a
solid waste management facility where the anticipated emissions from the facility would not meet
required state and federal air quality standards or criteria or would otherwise constitute a danger
to the public health, safety or the environment, taking into consideration
1. the concentration and dispersion ofentissions
2, the number and proxtnmy of sensitive receptors; and
3. the attainment status of the area.
(S) Potential for the Creaton of Nuisances. No site shah be detemircd to be suitable or be
assigned as a solid waste management factM' y where the establishment or operation of the facility
would result in nuisance conditions which would constitute a danger to the public health, safety or
the environment taking into consideration the following factors;
1. nose;
2. later;
3. vermin such as rodents and 'insects;
4. odors;
5. bird hazards to as traffic; and
6. other nuisance problems.
(h) Size ofFacrlity. No site shall be determined to be suitable or be assigned as a solid waste
management facility ifthe sae of the proposed sites insufficient to properly operate and maintain
the proposed faculty. The mininurndstance between the waste handling area or deposition area
and the property boundary shall be 100 feet, provided that a shorter distance maybe suitable for
that portion of the waste handling or deposition area which borders a separate solid waste
management facility.
() Areas Previously Used for Solid Waste Mnrosal Where an area adjacent to the she of a
proposed facility has been previously used for sold waste disposal the following factors shad be
considered by the Department in determining whether a site is suitable and by the board of health
to detertrrmmg whether to assign a site:
1. the nature and extent to which the prior solid waste activities on the adjacent site currently
adversely impact or threaten to adversely inpact the proposed she;
2. the nature and extent to which the proposed site may tnpact the site previously used for
solid waste disposal; and
3. the nature and extent to which the combined trpacts of the proposed she and the
previously used adjacent site adversely mpactonthepublic health, safetyand the emironment;
taking into consideration
a. whether the proposed site is an expansion oforconstitutes benefrcialmtegrationofthe
solid waste activities with the adjacent site;
b. whether tate proposed faddy is related to the closure and/or remedial activities at the
adjacent site; and
c. the extent to which the design and operation of the proposed facility will mitigate
existing or potential inpacts from the adjacent site.
(f) Existing Facilities. In evaluating proposed saes for new solid waste management facilities the
Department and the board of health shall give preferential consideration to sires located in
municipalities in which no existing landfill or solid waste combustion facilities are located. This
preference shall be applied only to new facilities which will out be for the exclusive use of the
manicoalty in which the sites located. The Department and the board ofheath shall weigh such
preference against the followingconsidemtions when the proposed site is located in a community
with an existing disposal faddy.
1. the extent to which the municipal ty's or region's solid waste needs will be met by the
proposed facrld' y, and
2. the extent to which the proposed facility incorporates recycling, composting or waste
diversion activities.
(k) ComiderationofOtherSourcesofContammatanorPo@cion. The deter mrationofwhether
a site is suitable and should be assigned as a solid waste management facility Shan consider whether
the projected mrpacts of the proposed facility pose a threat to public health, safety or the
env¢onmert, taking into consideration the tnpacts ofexistmg sources ofponution or contartrinatron
as defined by the Department, and whether the proposed facility will mitigate or reduce those
sources ofpolhaion or contamtslion.
310 CMR - 600
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.40: continued
m Re Tonal ParticWIJQn The Department and the board of health shall give preferential
considersubrito sites located in municipalities not alrearlyparticipating ins regionaldsposalfaciity.
The Department and the board of health shall weigh such preference against the following
considerations when the proposed site slocated inacorrmainayparticipating maregional disposal
facility.
1. the extent to which the proposed facility meets the municipality's and the region's solid
waste management needs; and
2. the extent to which the proposed facility incorporates recycling composting, or waste
diversion activities.
(5) Proton, n ofhtemated Solid Waste Managemerrt.
(a) In detemtmsg whether a sae's suitable for a combustion facility or a landfill, the Department
shall consider the following factors:
1. The potential yearly and lifetime capacity created by the proposed site use(s) in relation to
the reasonably anticipated disposal capactyrequirements and reduction4diversron goals ofthe
Commonwealth and the geographic area(s) which the site will serve.
2. The extent to which the proposed site use(s), alone or in conjunction with other sees,
provides or affords feasible means to maxi nze diversion orprocessmgofeachcornpotent of
the anticipated waste stream in order to reduce potential adverse impacts from disposal and
utili a reusable materials and onlythereager extract energy from the remaining solid waste prior
to final disposal
3. The extent to which the proposed use(s) ofthe site, alone or in conjunction with other sites,
will contribute to the establishment and maintenance ce of a statewide integrated solid waste
management system which will protect the public health and conserve the natural resources of
the Comp nonweaeh
(b) In detemtetengwhether a site is suitable for a combustion facility or a landfill, the Department
and the board of health shall consider the extent to which the proposed use of the site directly
incorporates recycling and composting techniques ors otherwise integrated into recycling and
composting activities for the geographic area(s) which the site will serve.
(c) A site proposed for a combustion facility or a landfill shall be reviewed to determine if the site
is also suitable far a recycling or cornposting facility either in conjunction with or instead of the
proposed facility.
(d) Site assignment applications which incorporate significant recycling or corntpostetg uses, in
accordance with the goals of the statewide plan, shag receive preferred consideration
(6) Waiver
(a) GenemL The Commissioner may waive any of the facility specific she suitability criteria
contained in 310 CMR 16.40(3) not specifically required by law, or the setback distance at 310
CMR 16.40(4)(h), when the Connrnssloner fads that strict compliance with such criteria would
result in undue hardship and would not serve to meten¢e or avoid adverse impact Hardship based
on delay in compliance by than proponent, increased ficifity construction or operational costs or
reduced facility revenue generation will not be sufficient, except in extraordinarycircurnstances, to
invoke 310 CMR 16.40(6).
(b) Criteria. A waiver shag not be granted unless the Commissioner detemmres that the granting
ofa waiver is necessary to accommodate an overtidingconaranity, regional, or state public serest
and the granting ofthe waiver would not diminish the level ofprotection to public health and safety
and the environment that will exist in the absence of the waiver.
(c) Considerations. In determining whether a waiver should be granted, the Commissioner shag
consider, in addition to the criteria contained in 310 CMR 16.40(6)(b) than following factors:
1. the availability of other suitable sites in the affected municipality or regional district;
2, whether the site is eu a preferred mur&i panty as defined in M.G.L. c. 111, § 150A'/2;
3. the minimum facility sae required to reasonably meet essential waste handling activities;
4. whether the waiver will result in environmental benefits at excess of those that could be
achieved at the absence of the waiver,
5. the extent to which the proposed facilityis part of an integrated solid waste management
activity, and
6. whether the solid waste management objectives ofthe proposed project could be achieved
in the absence of the waiver.
(d) Filings. Ag requests for waivers shag be tiled and documented in accordance with 310 CMR
16.08(5)(c).
6/8/01 310 CMR - 600.1
r
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
16.99: APPENDIX A
TECHNICALFEE
The board of health shall assess the Technical Fee based on the type and sine of lack or site
stated on the application.
The maximum allowable Technical Fee that the board ofheahh may assess shallbecomputed using
the appropriate table for each type of facility.
TABLE 1. MAXIMUM TECHNICAL FEE FOR LANDFILLS
The maximum amount ofthe Technical Fee for a landfill is computed on the basis of the total area
of the site specified in the application.
Size acres Maximum Fee ($1
0-10 $15,000
10-25 $15,000 plus $1,000 for each acre in excess of 10
over 25 $30,000 plus $ 200 for each acre in excess of25
TABLE 2. MAXIMUM TECHNICAL FEE FOR HANDLING FACILITIES
The maximum amount of the Technical Fee for a handling fac0hy is computed on the bass ofthe
maximum daily volare of waste (measured 0u tons per day) proposed to be accepted as specified in
the application as follows:
Maximum Fee = $3000 + [$20 x Daly Volume (tons/day)]
TABLE 3. MAXIMUM TECHNICALFEE FOR COMBUSTION FACILITIES
The maximurmamount ofthe Technical Fee forawastecombustionficility is computed on the bass
of the maxnnu m daily volare of waste (measured in tons per day) proposed tobe processed as
specified in the application as follows:
Maximum Fee = $25000 + [$10 x Daily volare (tons/day)]
ADJUSTMENT OF TECHNICAL FEE FOR INFLATION
The naxkrm allowable technical fee shall be adjusted for inflation using the folbwmgprocedure:
MTF (current year) = MTF(Table) x [BCPI(currein year- I)/BCP1(1988)]
Where:
MTF(Table) = Maximum Technical Fee Computed using Table 1, 2 or 3 in this
Appendix for the speck facility under consideration
MTF(cunrer year) = Maximum Technical Fee for the current year (ie., the MTF
applicable to the Application being submitted)
BCPI(1988) = Boston Consumer Price Index for September, 1988
BCPI(cttirentyear -1)= Boston Consumer Price Index for September for the year
preceding the current year
The Index used for this inflation adjustment is the September figure for the Boston Consumer Price
Index for All Urban Consumers issued by the US Department of Labor, Bureau of labor Statistics.
REGULATORY AUTHORITY
6/8/01
310 CMR 16.00: M.G.L. C. 21A, §§ 2 and 8;c. 111, §§ 150A and 150AY,.
310 CMR - 600.2
Salem Board of Health
Salem City Hall Annex
120 Washington Street
Salem, Massachusetts 01970
To Salem Board of Health Members:
This letter is sent in support of the 400 -ton per day transfer station proposed
by the City and Northside Carting to be constructed at 12 Swampscott Road.
I understand that the existing incinerator and stack will be demolished, the
landfill will be capped, and the new station will be constructed near the
existing structure.
Furthermore, I understand that Northside Carting has pledged to pay the City
over $200,000 annually in host community fees and taxes.
This is a win-win project for the City!
By: 6 4�Ocw�
Address:
Additional Comments: