310 CMR, § 16.08 - Site Assignment Application Submission Requirements

(1) General. Any person wishing to establish a new facility at a New Site or to Expand a Site onto an area not previously assigned must file a Site Assignment Application (application) with the board of health and provide copies as specified at 310 CMR 16.08(2).

(2) Copies. The applicant shall file:

(a) two copies of the application with the local board of health;

(b) one copy of the application with the local library;

(c) two copies of the application with the Department, one to the Business Compliance Division, Boston, and one to the regional office in which the proposed site is located;

(d) one copy of the application with the Massachusetts Department of Public Health, Bureau of Environmental Health Services, Boston;

(e) one copy of the application with the board of health (abutting board of health), and one copy with the library of any municipality within 1/2 mile of the proposed site assigned area;

(f) one copy of the application with the applicable regional planning agency duly established by the Legislature and governing the municipality in which the proposed facility is to be located; and

(g) one copy of the application with any Person requesting it during the public comment period, except that the applicant may charge the reasonable cost of reproduction for the copies requested under this provision. The applicant shall maintain a list of each Person requesting a copy, the date of each request, and the date each copy was sent out.

(3) Service of Copies. Simultaneous with the filing of any and all papers with the board of health, the applicant filing such papers shall send a copy(ies) to the Department and the Department of Public Health, as prescribed in 310 CMR 16.08(2). All papers filed with the board of health shall be accompanied by a certificate signed under the pains and penalty of perjury that copies have been sent, specifying the mode of service, date mailed or delivered, the address, and address of service. Failure to comply with these requirements shall be grounds for refusal by the board of health or the Department to accept papers for filing.

(4) Fees. The applicant shall tender payment of the Technical Fee in accordance with 310 CMR 16.30(2)(b) or enter into alternative fee payment arrangements to the satisfaction of the board of health.

(5) Site Assignment Application.

(a) General. The application shall be completed using forms supplied by the Department and shall contain sufficient data and other relevant information to allow the Department and the board of health to determine, independent of additional information, whether the site is suitable. The level of analysis presented in an application shall be commensurate with the nature and complexity of the proposed facility.

(b) Preparation of Papers. All papers pertaining to design, operation, maintenance, or engineering of a site or a facility shall be prepared under the supervision of a registered professional engineer knowledgeable in solid waste facility design, construction and operation and shall bear the seal, signature and discipline of said engineer. The soils, geology and groundwater sections of an application, if applicable, shall be completed by professionals experienced in those fields under the supervision of a registered professional engineer. All mapping and surveying shall be completed by a registered surveyor.

(c) Waiver. The application shall clearly state whether a waiver, as provided in 310 CMR 16.18 or 310 CMR 16.40(6), is requested. Applications for waivers shall be independent of the main body of the Site Assignment Application and shall include:

1. reference to the specific criteria or provision for which the waiver is requested;

2. all documentation that the applicant wants to present in support of the waiver including detailed facility design plans where appropriate.

(d) Massachusetts Environmental Policy Act (MEPA).

1. The application shall include a demonstration that:

a. the MEPA process does not apply; or

b. the MEPA process does apply and the Secretary has determined that an EIR is required; or

c. the MEPA process has already been completed and the Secretary has issued a certificate or a determination that no EIR is required.

2. The first Technical Review Period (TR1) as specified under the Timely Action and Fee Provisions Regulations, 310 CMR 4.00: Timely Action Schedule and Fee Provisions, shall not be completed until the Secretary's final certificate has been issued.

(e) Signatures. Applications shall be signed and sworn to by the applicant(s) and his or her agent, if different, as to all statements of fact therein, as set forth in 310 CMR 16.07. Where the applicant is not the owner in fee simple of the title or interest in the site, then said owner shall also sign the application.

(6) Confidentiality. Any information submitted pursuant to 310 CMR 16.00 may be claimed as confidential by the applicant in accordance with the provisions of 310 CMR 3.00: Access to and Confidentiality of Department Records and Files. Information regarding the name and address of the permittee and data related to the potential impact of the proposed activity on public health, safety and the environment shall not be classified as confidential.

Notes

310 CMR, § 16.08