Massachusetts General Laws
Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act
Section 36 - Comprehensive Environmental Monitoring Program; Establishment

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

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