310 CMR 43.50
Application Guidelines and Procedures for Use in Preparation of the Report Identifying Possible
Locations
(1) Objective. The objective of the Report Identifying Possible Locations is to identify those areas
of the Commonwealth where there is a reasonable likelihood, based on the data available to the Board
at the time the report is issued, of identifying one or more sites that will meet the criterion at 310 CMR
43.41(1)(a) and (b).
(2) Data Collection and Evaluation Protocols.
(a) The Report Identifying Possible Locations may be prepared on the basis of data available
from any credible public or private source as well as data obtained by the Board on the basis of
its own investigation. Such information may include, without limitation, the sources set forth at 310
CMR 43.44, municipal sources, aerial photography, windshield surveys, walkovers or other
surficial field investigation to identify apparent exclusion factors not shown on existing maps.
Installation of ground water wells is not required.
(b) Exclusion factors which were not applied in the Statewide Mapping and Screening Report
because of size consideration, data availability or qualifications or interpretation of regulatory
requirements should be applied to the extent those restrictions have been overcome by further
investigation by the Board. In addition, conditional consideration criteria should also be evaluated
to the extent that data is available and can be analyzed in accordance with the procedures
established herein within the time limit established by M.G.L. c. 111H. The Board may include any
site as a possible site even though it exhibits a conditional consideration criterion if the Board
determines that further characterization of the site is advisable based on the likelihood that the
condition will be satisfied upon further characterization.
(c) Lack of uniform coverage of the State with respect to certain data requirements shall not be
a cause to failto use data that are available provided that the Board should use reasonable efforts
to obtain statewide data on criteria which form the basis of a decision to screen out a site. The
further specific guidelines of 310 CMR 43.51 shall also be observed.
(d) Although the Report should reflectthe data and analysis ofonlythe exclusion and conditional
consideration criteria the Board may collect and analyze preference data for future use.
(e) The factors to be applied may reflect land areas that are of sufficient size and extent to be
mapped on a statewide or regional basis as deemed appropriate to most accurate delineation. The
specific mapping accuracy should be commensurate with the map scales employed and the
accuracy of the data sets. As a general matter the scale of the map should be consistent with the
scale at which the data was entered. Mapping scales down to 1:24,000 may be utilized.
(f) The Board shall not be responsible to verify the accuracy of data provided through federal and
state agencies but it should identify the sources of all the data and discuss the estimated qualityof
data and the sensitivity of the results to data uncertainty and data gaps. The Board should be
responsible to verify through implementation of the quality assurance program all data collected
through its own investigation.