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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 21D MASSACHUSETTS HAZARDOUS WASTE FACILITY SITING ACT
  • Section 10 Preliminary project impact report

Section 10. The developer shall prepare a preliminary project impact report to be submitted to the secretary and to the council for each site under consideration. Said preliminary project impact report shall consist of two parts: (1) the environmental impact report required by sections sixty-two to sixty-two H, inclusive of chapter thirty and (2) a social economic appendix as prescribed by the rules, regulations, procedures and standards adopted by the council. The secretary shall continue to administer and manage the environmental impact report as part of the preliminary project impact report pursuant to the procedures and time requirements of sections sixty-two to sixty-two H, inclusive, of chapter thirty in order to determine whether or not said environmental impact report complies with the provisions of said sections. Insofar as possible, the council shall administer and manage the social and economic appendix as part of the preliminary project impact report in accordance with the procedures and time requirements established for an environmental impact report pursuant to sections sixty-two to sixty-two H, inclusive, of chapter thirty in order to determine whether or not the social and economic appendix is in its judgment in compliance with the rules, regulations, procedures and standards which it has prescribed for said appendix. The secretary and the council shall cooperate in the administration and management of the preliminary project impact report, shall from time to time during the review process exchange reports, comments and information developed and received, and shall to the maximum feasible extent endeavor to have both parts of the preliminary project impact report proceed through the review process at the same time pursuant to the procedures and timing requirements of section sixty-two to sixty-two H, inclusive, of chapter thirty.

The developer shall file a project notification form with the secretary and the council. The council shall issue public notice of the availability of such report. The project notification form shall consist of an environmental notification form pursuant to section sixty-two A of chapter thirty and such other social and economic information as the council shall prescribe by its rules, regulations, procedures and standards.

The council shall limit the scope of the social and economic appendix as part of the preliminary project impact report. Notwithstanding the provisions of section sixty-two A of chapter thirty, the council may establish a specific procedure for the evaluation and review of the social and economic impacts of the proposed project, whether or not the secretary has designated said project as a major and complicated project. The secretary shall have the authority to determine in his sole discretion that a proposal to construct, maintain and operate a hazardous waste facility should be designated as a major and complicated project requiring the establishment of a specific procedure for evaluation and review of the environmental impact of said project pursuant to section sixty-two A of chapter thirty.

Upon the establishment of a siting agreement pursuant to sections twelve and thirteen, the developer shall prepare a final project impact report which shall be in accordance with the provisions of the siting agreement and which shall contain information, comments, and facility redesign data resulting from the negotiations preceding the establishment of said agreement. The council shall declare that an established siting agreement is operative and is to be given full force and effect only when a final project impact report has been found by the secretary and the council to be in compliance with all applicable provisions of law.