Code of Massachusetts Regulations 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Here’s a refined summary of 990 CMR: Hazardous Waste Facility Site Safety Council, the Massachusetts regulations governing the siting of hazardous waste facilities:
🛠️ Overview & Purpose
Scope: Implements the Massachusetts Hazardous Waste Facility Siting Act (M.G.L. c. 21D), aiming to site safe hazardous-waste facilities efficiently across the Commonwealth (mass.gov).
Structures: Organized into 16 major parts (1.00–16.00), covering jurisdiction, authority, definitions, procedural steps, evaluations, public involvement, technical grants, negotiations, siting agreements, eminent domain, and developer fees (law.cornell.edu).
📰 Key Sections
1.00 – Purpose & Jurisdiction
1.01 – Purpose: Implements M.G.L c. 21D to promote safe siting of hazardous-waste facilities (regulations.justia.com).
1.02 – Jurisdiction: Applies to new facilities or expansions involving storage, treatment, recycling, or disposal—subject to several exemptions (e.g., small-scale storage under 25,000 gal, on-site generator activities, permitted wastewater plants, etc.) (mass.gov).
2.00 – Authority
(Defines the Council’s legal authority derived from M.G.L., enabling enforcement and procedural oversight.)
3.00 – Definitions
Covers critical terms such as “Accident,” “Facility,” “Generator,” “Host community,” “Storage,” and more, defining the regulatory vocabulary (mass.gov).
4.00 – Notice of Intent
Sets procedures for developers to formally notify the Council and affected communities of planned projects.
5.00 – Council Determination
Outlines criteria and process by which the Council assesses whether a proposed project is “feasible and deserving of state assistance.”
6.00 – Public Briefings
Mandates public meetings to discuss proposed projects, ensuring community engagement.
7.00 – Site Suggestion
Details how potential host communities or the Council may suggest siting locations.
8.00 – Local Assessment Committee
Establishes a community-based committee to evaluate project impact from a local perspective.
9.00 – Technical Assistance Grants
Authorizes grants to host/abutting communities to support hiring experts and engaging in the siting process (law.cornell.edu, researchworks.oclc.org, mass.gov).
🧩 Remaining Parts (10.00–16.00)
10.00 – Project Impact Analysis: Requires detailed environmental, technical, and socio-economic assessments (casetext.com).
11.00 – Negotiations: Guides developer–host community negotiations toward siting agreements.
12.00 – Compensation: Procedures for providing benefits or financial support to abutting communities.
13.00 – Arbitration: Fallback dispute mechanism.
14.00 – Siting Agreement: Legal framework for final agreements.
15.00 – Eminent Domain: Conditions under which land acquisition may proceed.
16.00 – Developer Fees: Establishes fee structures required by developers (law.cornell.edu).
📚 Historical Context
The Council operated alongside state environmental agencies from 1980 to the mid‑1990s, managing siting proposals and associated community engagement (researchworks.oclc.org).
✅ Summary
990 CMR is the implementing regulation for the siting of hazardous-waste facilities in Massachusetts. It defines roles and terms, outlines procedural steps for proposals, mandates community involvement, authorizes technical assistance, and provides mechanisms for negotiation, dispute resolution, and oversight.
🔍 Further Steps
View full text: Access each 990 CMR section via Mass.gov or official legal databases.
Check updates: Massachusetts regulations are updated quarterly—refer to the Register of Regulations (latest: March 14, 2025) for the most current version (regulations.justia.com).
Consult counsel or regulatory staff for legal and compliance guidance, especially for developer proposals or community planning.
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