Application

A developer may petition the Department to exercise its eminent domain authority pursuant to M.G.L. c. 21D only if: (1) all permits, licenses and approvals required by law have been obtained by the developer; (2) a siting agreement has been declared operative by the Council; (3) the developer makes a showing, satisfactory to the Department, that a good faith attemptto obtain clear title to all or a portion of the site by purchase or lease has been unsuccessful. Suchpetitionshallbe submitted in writing to the Director of the Bureau of Solid Waste, Department of Environmental Management.