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The 190th General Court of the Commonwealth of Massachusetts

Section 15: Selection of operators; adoption of regulations

Section 15. The board shall adopt regulations governing the selection of operators. Such regulations shall include financial, technical and management criteria and shall establish procedures adequate to determine that the operator possesses sufficient reliability, expertise, and competence to operate a facility so as to protect public health and the environment. Such determination shall be based, in part, on information submitted by applicants, in response to any request for proposals issued pursuant to section twenty-two, including:

(a) organizational information for the applicant and any proposed subcontractors detailing their legal structure, ownership and control and operational experience, and the background and qualifications of all officers, directors, partners and principal owners of each such firm and of the key personnel to be utilized in the performance of any contract with the board, and a description of the locations and operating experiences of existing or former operations of such persons; the history of compliance with, and any violations of federal, state or local requirements by such persons in any jurisdiction in which they or any of them have done business, and any felony convictions of such persons;

(b) a financial disclosure statement describing the applicant's financial resources and proposed revenue plans and demonstrating that the applicant either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds to cover the estimated costs of development and operation of a facility and will have sufficient funds available to carry out facility closure and post-closure observation and maintenance; and

(c) a preliminary facility development, operation, closure, post-closure observation and maintenance and institutional control plan including a description of the proposed technology or technologies to be utilized, and of the applicant's staffing plans and personnel training program, safety and recordkeeping procedures, and emergency response plans.