Massachusetts General Laws
Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act
Section 30 - Notice of Intent to Apply for Facility License; Environmental Impact Report

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

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