Massachusetts General Laws
Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act
Section 15 - Selection of Operators; Adoption of Regulations

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

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XVI - Public Health

Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act

Section 1 - Definitions

Section 4 - Powers and Duties of Board; Acceptance of Donations, Loans or Grants

Section 4a - Low Level Radioactive Waste Management Fund; Assessments

Section 4b - Violations of Sec. 4a; Civil Penalties

Section 6 - Public Participation Coordinator; Duties

Section 7 - Information Concerning Type, Volume, Radioactivity, Source and Characteristics of Low-Level Radioactive Waste; Inspections; Confidentiality

Section 8 - Issuance of Orders; Notice and Opportunity for Hearing; Civil Penalties; Injunctions and Actions to Compel

Section 9 - Management of Low-Level Radioactive Waste; Liability; Damages; Funds to Satisfy Liability

Section 10 - Phase I of the Low–level Radioactive Waste Management Act; Planning

Section 11 - Procedures for Adoption of Management Plan

Section 12 - Preparation, Adoption by Regulation, and Implementation of Management Plan; Contents of Plan

Section 13 - Low-Level Radioactive Waste Source Minimization, Volume Minimization and Storage for Decay by Generators Program; Establishment

Section 14 - Site Selection Criteria and Application Guidelines; Adoption of Regulations

Section 15 - Selection of Operators; Adoption of Regulations

Section 16 - Licensing, Development, Operation, Closure, Post-Closure Observation and Maintenance, and Institutional Control of Facilities; Adoption of Regulations

Section 17 - Initiation of Site Selection Process; Board Vote; Conditions

Section 18 - Phase Ii of the Low–level Radioactive Waste Management Act; Implementation for Site Selection Process

Section 19 - Site Selection Process; Procedures

Section 20 - Site Selection Process; Issuance of Required Reports; Public Meetings; Acquisition of Property Interest in Candidate Sites

Section 21 - Community Supervisory Committees; Establishment

Section 22 - Requests for Proposals for Development, Operation and Closure of a Facility; Investigation and Certification of Applicants; Contract

Section 23 - Detailed Site Characterization Plan for Candidate Sites; Public Review and Comment; Selection of Superior Site

Section 24 - Petition by Aggrieved Person; Adjudicatory Proceeding

Section 25 - Phase Iii of the Low–level Waste Management Act; Selection of Operator and Technology

Section 26 - Community Supervisory Committee Representatives, Appointment; Site Community Field Offices, Establishment

Section 27 - Certified Applicant Interviews; Selection of Operator of Superior Site Facility

Section 28 - Execution of Development Contract

Section 29 - Phase Iv of the Low–level Radioactive Waste Management Act; Facility Approval and Licensing

Section 30 - Notice of Intent to Apply for Facility License; Environmental Impact Report

Section 31 - Facility License Application; Public Comment Period; Preparation of Draft License or Draft Denial; Final Decision

Section 33 - Negotiation of Comprehensive Operating Contract; Contents

Section 34 - Community Compensation

Section 35 - Phase v of the Low–level Radioactive Waste Management Act; Facility Development, Operation, and Closure

Section 36 - Comprehensive Environmental Monitoring Program; Establishment

Section 37 - Commencement of Facility Construction

Section 38 - Payment by Operator Equal to Expected Annual Operating Budget; Proposed Fees and Waste Acceptance Criteria Schedule

Section 39 - Determination of Operator's Compliance With Comprehensive Operating Contract; Notice to Generators

Section 40 - Operation of Facility; Temporary or Permanent Closure; Inspection Report

Section 41 - Contingent Liability Account; Institutional Control Account

Section 42 - Administration of the Low–level Radioactive Waste Trust Fund

Section 43 - Facility Closure Plan

Section 44 - Active Observation and Maintenance of Facility

Section 45 - Phase Vi of the Low–level Radioactive Waste Management Act; Institutional Control of Facility

Section 46 - Transfer of Facility License From Operator

Section 47 - Institutional Control of Facility; Annual Report; Public Meetings

Section 48 - Statutes Not Applicable