Section 36. (a) Within thirty days of the issuance of a facility license pursuant to section thirty-one; the department of public health shall, after consultation with the department of environmental protection and the board of health of each site community, establish a comprehensive environmental monitoring program at the facility site. Such program shall employ the best available monitoring technology and shall provide, to the maximum extent feasible, for the participation of officials and citizens of each site community and the training of such persons to facilitate their participation. The program shall be designed to establish baseline environmental data on the site; to determine compliance with applicable regulations, with conditions of the facility license and with terms of the comprehensive operating contract; to provide early warning of the magnitude and extent of any radionuclide migration; and to provide reliable environmental data throughout development, operation, closure, post-closure operation and maintenance and institution control of the facility. The program shall collect and analyze data concerning standing and running surface water and drainage; groundwater samples from offsite, site boundary and waste management area wells; soil and vegetation samples; atmospheric samples; and radiation measurements offsite, at the site boundary and in the waste management area. The board of health of each site community shall be entitled to obtain portions of the samples collected pursuant to the program for independent analysis by a laboratory certified to conduct such analyses by the United States Environmental Protection Agency.
(b) The operator shall, according to applicable regulations and conditions of the facility license, cooperate with the environmental monitoring program and annually reimburse the department of public health and each site community for the costs thereof until the facility license is transferred to the board pursuant to section forty-six. A copy of all environmental monitoring records and analyses shall be kept at the board field office in the site community for public review.
(c) The department of public health shall annually issue a report describing and evaluating the findings of the monitoring program. Within sixty days of issuance of such report, said department shall hold a public meeting in each site community and, upon request by the chief executive officer of such community, in each affected and neighboring community for public review and comment upon the findings contained therein. Said department shall consider and evaluate all comments made at such public meetings or submitted in writing within sixty days of the issuance of the report.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act
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 10 - Phase I of the Low–level Radioactive Waste Management Act; Planning
Section 11 - Procedures for Adoption of Management Plan
Section 14 - Site Selection Criteria and Application Guidelines; Adoption of Regulations
Section 15 - Selection of Operators; Adoption of Regulations
Section 17 - Initiation of Site Selection Process; Board Vote; Conditions
Section 19 - Site Selection Process; Procedures
Section 21 - Community Supervisory Committees; Establishment
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 27 - Certified Applicant Interviews; Selection of Operator of Superior Site Facility
Section 28 - Execution of Development Contract
Section 30 - Notice of Intent to Apply for Facility License; Environmental Impact Report
Section 33 - Negotiation of Comprehensive Operating Contract; Contents
Section 34 - Community Compensation
Section 36 - Comprehensive Environmental Monitoring Program; Establishment
Section 37 - Commencement of Facility Construction
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 46 - Transfer of Facility License From Operator
Section 47 - Institutional Control of Facility; Annual Report; Public Meetings