Detailed Site Characterization

(1) Upon the Board's vote to proceed with Detailed Site Characterization, the Commissioner of the Division of Capital Planning and Operations shall, on behalf of the Board, take appropriate action to acquire, by purchase or taking, pursuant to M.G.L. c. 79, a determinable property interest in each Candidate Site identified in the Candidate Site Identification Report as accepted or amended by the Board, or, in the case of real property of the Commonwealth, to transfer the control and use of such property to the Board. Acquisition or transfer of each such property interest shall be subject to the requirements of M.G.L. c. 7, §§ 40E through 40M; provided, however, that each Candidate Site shall be deemed to possess unique qualities for the purpose of M.G.L. c. 7, § 40H. Such property interest shallbe adequate to permit the conduct of Detailed Site Characterizationofthe property, inaccordance with any requirements of 310 CMR 41.70 through 41.72, and to restrict the right to develop the property until a facility license is issued, pursuant to M.G.L. c. 111H, § 31, to operate a facility at one of the Candidate Sites identified in the Candidate Site Identification Report as accepted or modified by the Board. (2) The Board and the appropriate Community Supervisory Committee shall jointly conduct a public meeting in each Candidate Site Community to discuss the draft plan for the Detailed Site Characterization of the Candidate Site located within such community. Copies of the Report and draft plan shall be sent to all municipal libraries in such communities. The Detailed Site Characterization plan adopted bythe Board shall include investigations and tests, both in the field and in the laboratory, which shall be conducted so as to demonstrate whether the site complies with the site selection criteria set forth in 310 CMR 41.00; to provide information necessary for licensing of any facility at the site pursuant to 105 CMR 120.800, including an evaluation of the ability of the site characteristics to contribute to isolation of waste, data necessary for the proposed design of such a facility, an identification of potential interactions between thesite characteristics and anywasteor waste containers located at the site to establish data collection points and baseline data suitable for use in an environmental monitoring program adopted pursuant to M.G.L. c. 111H, § 36; and to identify, 12/27/96 345 CMR - 21 1.86: continued for inclusion in any environmental impact report prepared pursuant to M.G.L. c. 111H, § 30, potential environmentalimpactsresultingfromthe development, operation, closure, postclosure observation and maintenance or institutional control of a facility at the site. Prior to its adoption of the final plan, the Board shall consider and evaluate all comments made at a public meeting or in writing. (3) While Candidate Sites are undergoing Detailed Site Characterization, the Board shall develop estimates of the number of waste shipments necessary to each Candidate Site during a given time frame, and shall evaluate traffic controls that will minimize potential traffic problems. (4) The Board shall issue a draft Report of the Detailed Site Characterization of each Candidate Site, and shall transmit a copy of such Report to the Secretary and the Community Supervisory Committee. The draft Report shall describe the procedures used to characterize each Candidate Site and establish that procedures fully conform to any requirements of 310 CMR 41.70 through 41.72. (5) Upon issuance of the draft Detailed Site Characterization Report, the Board shall widely publicize its availability for public review and comment, and the Commissioner of the Division of Capital Planning and Operations shall issue a notice, satisfying the requirements of M.G.L. c. 7, § 40I, to all persons entitled thereby to review such notice. The Board shall conduct at least one public meeting on the Report, in each Candidate Site Community, at times to be determined after consultation with the Public Participation Coordinator. Such public meeting shall be deemed to satisfy the public hearing requirementsof M.G.L. c. 7, § 40I. The Board shall accept written comments onthe Reportsubmitted by the Community Supervisory Committee or any other interested person within 60 days of the public notice of its availability. (6) Upon receipt of the draft Detailed Site Characterization Report, the Secretary shall implement the public review and comment procedures established pursuant to M.G.L. c. 30, § 62C; provided, however, that the review period established in such section shall not extend beyond the final date for acceptance of written comments by the Board pursuant to 345 CMR 1.86. Within 75 days of the issuance of the Report, said Secretary shall issue a statement evaluating its technical adequacy and conformance with any requirements of 310 CMR 41.70 through 41.72. The Secretary shall transmit a copy of such statement to the Board and the Community Supervisory Committee. (7) No sooner than 75 days and no later than 90 days after the issuance of the draft Detailed Site Characterization Report, the Board shall conduct a vote to determine whether to accept or amend the Report. Such a vote shall be based on the technical adequacy of the Report and its conformance with any requirements of 310 CMR 41.70 through 41.72. Prior to its acceptance of the Report, the Board shall consider and evaluate all comments made at a public meeting or submitted in writing. If the Board fails to accept or amend the Detailed Site Characterization Report, the Report shall be set aside, and the procedures established in 345 CMR 1.86 shall be repeated; provided, however, that the Board shall meet with each Community Supervisory Committee to discuss the draft plan for implementing the revised Detailed Site Characterization within 30 days of the expiration of the time for the Board to accept or modify the Detailed Site Characterization Report; and provided, further, that the Board shall issueitsrevised Detailed Site Characterization Report within one year and two months of the expiration date of the time for the Board to accept or amend the prior Detailed Site Characterization Report. 12/27/96 345 CMR - 22