Requirements for a Technically Superior Site

(1) A site shall be considered to meet the minimum qualifications to be selected as a superior site if, after detailed site characterization conducted in accordance with 310 CMR 43.00 and the applicable provisions of M.G.L. c. 111H, it satisfies all of the following requirements: (a) The site does not exhibit any exclusion criterion; (b) The site does not exhibit any conditional criterion unless the requirements set forth at 310 CMR 43.40(3) are satisfied; and (c) A performance assessment conducted in accordance with protocols approved by the Department of Public Health, or other applicable state or federal regulatory agency having jurisdiction over the licensing of a facility at the site demonstrates that the site will meet DPH performance objectives. (2) The Board shall comply with the provisions set forth in 310 CMR 43.41 through 43.43 in the selection of a superior site provided that nothing herein is intended to prevent the Board from adopting standards that are intended to provide additional protection of the public health, safety and the environment or adopt procedures that supplement the data analysis or quality assurance procedures set forth herein. (3) The provisions set forth in 310 CMR 43.44 through 43.72 are intended as recommended guidance for the Board in regard to the collectionand analysis of data. No failure to comply with 310 CMR 43.44 through 43.72 shall be deemed a basis for the Department to disapprove the Board's selection of a superior site pursuant to 310 CMR 43.00 unless such failure: (a) constitutes a significant violation of a provision of any regulations of the Department or the Department of Public Health referenced in 310 CMR 43.00 in effect at the time the violation occurred; or (b) precludes a finding, based on substantial evidence, that the site satisfies the requirements of 310 CMR 43.43.