Section 40. (a) The facility shall be operated in accordance with this section and with regulations adopted under section sixteen. All shipments of low-level radioactive waste shall, upon arrival at the facility, enter the facility, but shall not proceed into the waste management area for unloading until inspected by the department of public health and found to be in compliance with applicable regulations and conditions of the facility license. Shipments found not to be in compliance shall proceed to a controlled area within the facility to await action to remedy the situation, and the board of health of each site community shall be so notified by the operator. Shipments found to be in compliance shall proceed into the waste management area for unloading. After a transport vehicle is unloaded and leaves the waste management area, it shall not leave the facility until it is again inspected by the department of public health and decontaminated, if necessary.
(b) The department of public health, in consultation with the board, may issue an order temporarily or permanently closing a facility prior to its scheduled closing date if it finds that there is a potential hazard to public health, safety or the environment which justifies such temporary or permanent closure. A facility that is temporarily closed shall remain closed as long as necessary for remedial action and, in any event, throughout any period of facility clean-up and stabilization. Prior to authorizing the reopening of a temporarily closed facility, said department shall conduct at least one public meeting on the reopening in each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community, and shall issue a summary response to all comments made at such public meetings or made in writing during the time the facility is temporarily closed and an explanation of the reasons for authorizing the reopening.
(c) The department of public health shall annually prepare a report summarizing its inspection and enforcement activities with respect to the facility and shall transmit a copy of such report to the board and the board of health of each site community.
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