Massachusetts General Laws
Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act
Section 28 - Execution of Development Contract

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

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