Budget Amendment ID: FY2012-S3-193-R1

Redraft ENV 193

DEP Transfer Stations

Mr. Rosenberg moved that the proposed new text be amended by inserting after section 61 , the following 4 sections:-

“SECTION 61A.  Section 150A of chapter 111 of the General Laws, as amended by chapter 131 of the acts of 2010, is hereby amended by inserting after the fourth paragraph the following paragraph:-

Within 60 days of receipt of said application, the department shall issue a report stating whether the proposed site meets the criteria established under section 150A1/2 for the protection of the public health and safety and the environment. Any and all such reports shall be made available to the public in a timely fashion prior to any public hearing concerning the site application.

SECTION 61B.  Said section 150A of said chapter 111 is hereby further amended by striking out the words “60 days of receipt of said application”, inserted by section 64 of chapter 131 of the acts of 2010, and inserting in place thereof the following words:- 30 days of the receipt of the department’s report.

SECTION 61C. Said section 150A of said chapter 111 is hereby further amended by striking out the words “local board of health”, inserted by section 65 of said chapter 131, and inserting in place thereof the following words:- department’s report.

SECTION 61D.  Said section 150A of said chapter 111 is hereby amended by striking out the ninth and tenth paragraphs, inserted by section 66 of said chapter 131, and inserting in place thereof the following 2 paragraphs:-

No facility shall be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation unless detailed operating plans, specifications, any public health report and necessary environmental reports have been submitted to the department, the department has granted a permit for the facility and notice of such permit is recorded in the registry of deeds, or if the land affected thereby is registered land in the registry section of the land court for the district wherein the land lies. Within 120 days after the department is satisfied that the operating plans, specifications and reports are complete, the department shall make a decision granting or refusing to grant such permit. The permit may limit or prohibit the disposal of particular types of solid waste at a facility in order to protect the public health, promote reuse, waste reduction and recycling, extend the useful life of the facility or reduce its environmental impact.

Every decision by the department granting or refusing to grant any such permit shall be in writing and shall contain findings with regard to criteria established by the department. Any person aggrieved by the action of the department in granting or refusing to grant any such permit may appeal that decision under section 14 of chapter 30A. For the limited purposes of any such appeal, the department action shall be deemed to be a final decision in an adjudicatory proceeding.”