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The

Massachusetts

Register

Published by:

The Secretary of the Commonwealth,

William Francis Galvin, Secretary $10.00

Issue: 1254, Date: 2/14/2014

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Issue: 1254 Date: 2/14/14

THE COMMONWEALTH OF MASSACHUSETTSSecretary of the Commonwealth - William Francis Galvin

The Massachusetts RegisterTABLE OF CONTENTS

Page

THE GENERAL COURT

Acts and Resolves 1

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Administrative Bulletin 14-02: 114.3 CMR 20.00: Clinicial Laboratory Services 3

Administrative Bulletin 14-03: CPT/HCPCS 2014 Coding Updates for

114.3 CMR 16.00: Surgery and Anesthesia Services, 101 CMR 317.00:

Medicine and 114.3 CMR 18.00: Radiology 5

ADMINISTRATIVE PROCEDURES

Notices of Public Review of Prospective Regulations 21

Cumulative Table 47

Notice of Expiration of Emergency Regulation -

Emergency Regulations 51

Permanent Regulations 57

Future Effective Date Regulations -


Page

Notice of Expiration of Emergency Regulation

There are no Notices of Expiration in this Massachusetts Register -

Emergency Regulations

101 CMR Executive Office for Health and Human Services

346.00 Rates for Certain Substance Abuse Disorder Programs - Re-file 51348.00 Day Habilitation Program Services 53

Adopts 101 CMR 348.00. Governs payments for medical services providedto publicly assisted patients. These actions are being taken in order tocomply with St. 2012, c. 224, which transferred authority for thisregulation from the Division of Health Care Finance and Policy inM.G.L. c. 118G to the Executive Office of Health and Human Services(EOHHS) in M.G.L. c. 118E. 101 CMR 348.00 replaces 114.3 CMR 48.00as the regulation governing payment rates for day habilitation servicesrendered to publicly aided individuals, and contains amendments as well.

114 CMR Division of Health Care Finance and Policy

114.348.00 Day Habilitation Program Services 55

Repeals regulation.

Permanent Regulations

104 CMR Department of Public Health

30.00 Fiscal Administration 57

Details the manner in which program costs and consumer income arecalculated and the process for establishing consumer charges for room andboard (including review and appeal). The amendments simplify the process,ease the administrative burden on the providers and help to streamlinesome of DMH’s contract monitoring responsibilities. Clarifies that thevalue of food stamps contributed to the program are not counted incalculating a consumer’s income, but act to lower the program cost; andany additional costs for extra activities must be voluntary.

310 CMR Department of Environmental Protection

15.000 The State Environmental Code, Title 5: Standard Requirements for the Siting, Inspection, Upgrade, and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage - Correction 59


000 Solid Waste Management 61

Streamlines 310 CMR 19.000 by: streamlining aspects of MassDEPpermitting for transfer stations, certain post-closure uses at closedlandfills, and management of “Special Wastes”; standardizing andexpanding the solid waste program’s use of third party inspections andreviews at solid waste management facilities; and standardizing certainother program requirements that have traditionally been dealt with infacility permits.

603 CMR Department of Elementary and Secondary Education

7.00 Educator Licensure and Preparation Program Approval 63

Sets forth the standards for licensure of educators and for approval ofeducator preparation programs in institutions of higher education andother organizations. Aligns the preparation and licensure standards forteachers, including library teachers, with the standards for teacherevaluation that the Board of Elementary and Secondary Educationapproved in June 2011 and streamlines the licensure regulations byincluding only the teacher standards and publishing the more detailedindicators for each standard in guidelines (except for the indicators forSheltered English Immersion, which will be retained in the regulations).

801 CMR Executive Office for Administration and Finance

51.00 Generating New State Tax Revenues and Local Tax Revenues by Stimulating Sustainable Economic Development Through Infrastructure Improvements 65

Makes the regulation consistent with the recent amendment to the statute.The purpose of the regulation is to set the process and requirements forapproval of an Economic Development Proposal, as provided in St. 2006,c. 293, §§ 5 through 12, as amended, creating a program to stimulatesustainable economic development through Public InfrastructureImprovements and to generate new state tax revenues and local taxrevenues as a result.


CHAPTERNUMBER

BILL NUMBER

TITLE DATEActs 2014

Relative to Special Elections. 1/9/20141 H 3841

Relative to Insurance Proceeds for Injured Police and Fire Personnel in the Town of Northborough.

1/16/20142 H 3510

Relative to the Town Manager in the Town of Cohasset. 1/16/20143 H 3486

Relative to the Charter of the Town of Townsend. 1/16/20144 H 3545

Authorizing the Town of Lincoln to Grant a License for the Sale of Wines and Malt Beverages to be Drunk on the Premises.

1/16/20145 H 3531

Relative to the Special City Election in the City of Beverly. 1/17/20146 H 3850

Establishing a Sick Leave Bank for Denise MacKinnon, an Employee of the Department of Public Health.

1/23/20147 S 1973

Establishing a Sick Leave Bank for Tina Giangregorio, an Employee of the Highway Division of the Massachusetts Department of Transportation.

1/23/20148 S 1863

Amending the Special Legislation Establishing the Acton Community Housing Corporation.

1/23/20149 H 3833

Exempting Certain Real Property Owned by Certain Veterans Organizations in the City of Gardner from Taxation.

1/23/201410 H 3445

Authorizing the Commissioner of Capital Asset Management and Maintenance to Convey Certain Land to the Town of Belmont for Recreation, Public Works or Other Municipal Purposes.

1/23/201411 H 2869

Relative to Membership in the Governor's Highway Safety Committee.

1/23/201412 H 3787

Relative to Portable Electronics Insurance. 1/23/201413 H 3541

Authorizing the Town of Wellesley to Place a Question on the Town Election Ballot Authorizing the Town to Grant 6 Licenses for the Sale of Wines and Malt Beverages not to be Drunk on the Premises.

1/28/201414 H 3866

Authorizing the Town of Belmont to Grant Licenses for the Sale of Wines and Malt Beverages to be Drunk on the Premises.

1/30/201415 H 3780

Authorizing the Town of Belmont to Grant Licenses for the Sale of Alcoholic Beverages not to be Drunk on the Premises.

1/30/201416 H 3656

Establishing the Position of Town Administrator in the Town of Belmont.

1/30/201417 H 3657


CHAPTERNUMBER

BILL NUMBER

TITLE DATEActs 2014

Exempting David Eddy from the Maximum Age Requirement for Firefighters in the City of Methuen.

1/30/201418 H 2226

Authorizing the Board of Assessors of the Town of Newbury to Grant an Abatement of Real Estate Taxes to Certain Plum Island Homeowners for Fiscal Year 2013.

1/30/201419 S 1909

Relative to Water Service in the Town of Somerset. 1/30/201420 H 3618

Establishing a Sick Leave Bank for Katrina Aliengena, an Employee of the Department of Developmental Services.

2/3/201421 S 1960

Amending the Charter of the Town of Sandwich. 2/3/201422 S 1884

Authorizing the Town of Westborough to Grant an Additional License for the Sale of All Alcoholic Beverages to be Drunk on the Premises.

2/6/201423 H 3471

Establishing a Sick Leave Bank for Joseph W. Teta, an Employee of the Trial Court.

2/6/201424 H 3781

Establishing a Sick Leave Bank for Maria A. Decoste, an Employee of the Office of Medicaid.

2/6/201425 S 1983

Relative to the Special Election for Representative in the General Court of the Fifth Suffolk District.

2/10/201426 H 3897


CHAPTERNUMBER

BILL NUMBER

TITLE DATEActs 2014

Relative to Special Elections. 1/9/20141 H 3841

Relative to Insurance Proceeds for Injured Police and Fire Personnel in the Town of Northborough.

1/16/20142 H 3510

Relative to the Town Manager in the Town of Cohasset. 1/16/20143 H 3486

Relative to the Charter of the Town of Townsend. 1/16/20144 H 3545

Authorizing the Town of Lincoln to Grant a License for the Sale of Wines and Malt Beverages to be Drunk on the Premises.

1/16/20145 H 3531

Relative to the Special City Election in the City of Beverly. 1/17/20146 H 3850

Establishing a Sick Leave Bank for Denise MacKinnon, an Employee of the Department of Public Health.

1/23/20147 S 1973

Establishing a Sick Leave Bank for Tina Giangregorio, an Employee of the Highway Division of the Massachusetts Department of Transportation.

1/23/20148 S 1863

Amending the Special Legislation Establishing the Acton Community Housing Corporation.

1/23/20149 H 3833

Exempting Certain Real Property Owned by Certain Veterans Organizations in the City of Gardner from Taxation.

1/23/201410 H 3445

Authorizing the Commissioner of Capital Asset Management and Maintenance to Convey Certain Land to the Town of Belmont for Recreation, Public Works or Other Municipal Purposes.

1/23/201411 H 2869

Relative to Membership in the Governor's Highway Safety Committee.

1/23/201412 H 3787

Relative to Portable Electronics Insurance. 1/23/201413 H 3541

Authorizing the Town of Wellesley to Place a Question on the Town Election Ballot Authorizing the Town to Grant 6 Licenses for the Sale of Wines and Malt Beverages not to be Drunk on the Premises.

1/28/201414 H 3866

Authorizing the Town of Belmont to Grant Licenses for the Sale of Wines and Malt Beverages to be Drunk on the Premises.

1/30/201415 H 3780

Authorizing the Town of Belmont to Grant Licenses for the Sale of Alcoholic Beverages not to be Drunk on the Premises.

1/30/201416 H 3656

Establishing the Position of Town Administrator in the Town of Belmont.

1/30/201417 H 3657


CHAPTERNUMBER

BILL NUMBER

TITLE DATEActs 2014

Exempting David Eddy from the Maximum Age Requirement for Firefighters in the City of Methuen.

1/30/201418 H 2226

Authorizing the Board of Assessors of the Town of Newbury to Grant an Abatement of Real Estate Taxes to Certain Plum Island Homeowners for Fiscal Year 2013.

1/30/201419 S 1909

Relative to Water Service in the Town of Somerset. 1/30/201420 H 3618

Establishing a Sick Leave Bank for Katrina Aliengena, an Employee of the Department of Developmental Services.

2/3/201421 S 1960

Amending the Charter of the Town of Sandwich. 2/3/201422 S 1884

Authorizing the Town of Westborough to Grant an Additional License for the Sale of All Alcoholic Beverages to be Drunk on the Premises.

2/6/201423 H 3471

Establishing a Sick Leave Bank for Joseph W. Teta, an Employee of the Trial Court.

2/6/201424 H 3781

Establishing a Sick Leave Bank for Maria A. Decoste, an Employee of the Office of Medicaid.

2/6/201425 S 1983

Relative to the Special Election for Representative in the General Court of the Fifth Suffolk District.

2/10/201426 H 3897


The Commonwealth of MassachusettsExecutive Office of Health and Human Services

Office of MedicaidOne Ashburton PlaceBoston)MA 02108

MassHealth

DEVAL L. PATRICKGovernor

JOHN W. POLANOWICZSecretary

KRISTIN L. THORNMedicaid Director

Administrative Bulletin 14-02114.3 CMR 20.00 Clinical Laboratory Services

January 1, 2014Procedure Code Update

Under the authority of regulation 114.3 CMR 20.01 (3), the Center for Health Information and Analysis isadding new procedure codes and is deleting outdated codes. The rates for code additions are priced at74.67% of the prevailing Medicare fee if available. The changes, effective January 1, 2014, are asfollows.

Code Change Rate Code Description80155 Addition $14.41 Caffeine level80159 Addition $18.84 Clozapine level80169 Addition $7.43 Everolimus level80171 Addition $13.51 Gabapentin level80175 Addition $13.51 Lamotrigine level80177 Addition $13.51 Levetiracetam level80180 Addition $18.39 Mycophenolate (mycophenolic acid) level80183 Addition $13.51 Oxcarbazepine level80199 Addition $18.39 Tiaqabine level80203 Addition $13.51 Zonisamide level81287 Addition I.C. MGMT (O-6-methylguanine-ONA methyltransferase) gene analysis81504 Addition I.C. Genetic profiling on oncology biopsy lesions81507 Addition I.C. DNA analysis using maternal plasma

$26.54 Infectious agent detection by nucleic acid (dna or rna); trichomonas87661 Addition vaqinalis, amplified probe technique



Office of MedicaidOne Ashburton PlaceBoston, MA 02108

nEVAL L. PATRICKGovernor


KH.ISTIN L. THOl~NMedicaid Director

Administrative Bulletin 14-03

CPT/HCPCS 2014 Coding Updates for114.3 CMR 16.00: Surgery and Anesthesia Services

101 CMR 317.00: Medicine114.3 CMR 18.00: Radiology

Effective January 1, 2014

In accordance with 114.3 CMR 16.01 (4), 114.3 CMR 18.01 (4), and 101 CMR 317.01 (4), thefollowing coding changes are effective on January 1, 2014. The following list specifies thosecodes that are added and codes that are deleted, with crosswalks to new codes that replacecorresponding deleted codes. New codes with RVUs are reimbursed at rates calculated usingthe current MassHealth conversion factor. Codes with one-to-one crosswalks to deleted codesare reimbursed at the current payment rate of the deleted codes. Codes with one-to-onecrosswalks to existing codes are reimbursed at the current payment rate of the existing codes.For codes with multiple crosswalks, rates for the 2014 additions are calculated according to therate methodology used in setting physician rates. All other codes in this bulletin that requirepricing are reimbursed at individual consideration (I.C.). Rates listed in this administrativebulletin are applicable until revised rates are issued by the Executive Office of Health andHuman Services (EOHHS). Deleted codes will no longer be available for use after 2013.

114.3 CMR 16.00 Added Codes

Code DescriptionImage-guided fluid collection drainage by catheter (e.g., abscess, hematoma, seroma,

10030 Iymphocele, cyst), soft tissue (e.g., extremity, abdominal wall, neck), percutaneousBiopsy, breast, with placement of breast localization device(s) (e.g., clip, metallic pellet),when performed, and imaging of the biopsy specimen, when performed, percutaneous;

19081 first lesion, including stereotactic guidanceBiopsy, breast, with placement of breast localization device(s) (e.g., clip, metallic pellet),when performed, and imaging of the biopsy specimen, when performed, percutaneous;each additional lesion, including stereotactic guidance (List separately in addition to code

19082 for primary procedure)

1The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.

Code DescriptionBiopsy, breast, with placement of breast localization device(s) (e.g., clip, metallic pellet),when performed, and imaging of the biopsy specimen, when performed, percutaneous;

19083 first lesion, including ultrasound guidance

Biopsy, breast, with placement of breast localization device(s) (e:g., clip, metallic pellet),when performed, and imaging of the biopsy specimen, when performed, percutaneous;each additional lesion, including ultrasound guidance (List separately in addition to code

19084 for primary procedure)Biopsy, breast, with placement of breast localization device(s) (e.g., clip, metallic pellet),when performed, and imaging of the biopsy specimen, when performed, percutaneous;

19085 first lesion, including magnetic resonance guidanceBiopsy, breast, with placement of breast localization device(s) (e.g., clip, metallic pellet),when performed, and imaging of the biopsy specimen, when performed, percutaneous;each additional lesion, including magnetic resonance guidance (List separately in addition

19086 to code for primary procedure)Placement of breast localization device(s) (e.g., clip, metallic pellet, wire/needle,

19281 radioactive seeds), percutaneous; first lesion, including mammographic guidancePlacement of breast localization device(s) (e.g., clip, metallic pellet, wire/needle,radioactive seeds), percutaneous; each additional lesion, including mammographic

19282 guidance (List separately in addition to code for primary procedure)Placement of breast localization device(s) (e.g., clip, metallic pellet, wire/needle,

19283 radioactive seeds), percutaneous; first lesion, including stereotactic guidancePlacement of breast localization device(s) (e.g., clip, metallic pellet, wire/needle,radioactive seeds), percutaneous; each additional lesion, including stereotactic guidance

19284 (List separately in addition to code for primary procedure)Placement of breast localization device(s) (e.g., clip, metallic pellet, wire/needle,

19285 radioactive seeds), percutaneous; first lesion, including ultrasound guidancePlacement of breast localization device(s) (e.g., clip, metallic pellet, wire/needle,radioactive seeds), percutaneous; each additional lesion, including ultrasound guidance

19286 (List separately in addition to code for primary procedure)Placement of breast localization device(s) (e.g. clip, metallic pellet, wire/needle, radioactive

19287 seeds), percutaneous; first lesion, including magnetic resonance guidancePlacement of breast localization device(s) (e.g. clip, metallic pellet, wire/needle, radioactiveseeds), percutaneous; each additional lesion, including magnetic resonance guidance (List

19288 separately in addition to code for primary procedure)

23333 Removal of foreign body, shoulder; deep (subfascial or intramuscular)Removal of prosthesis, includes debridement and synovectomy when performed; humeral

23334 or glenoid componentRemoval of prosthesis, includes debridement and synovectomy when performed; humeral

23335 and glenoid components (e.g., total shoulder)Transcatheter aortic valve replacement (TAVR/TAVI) with prosthetic valve; transapical

33366 exposure (e.g., left thoracotomy)

2


Code DescriptionEndovascular repair of visceral aorta (e.g., aneurysm, pseudoaneurysm, dissection,penetrating ulcer, intramural hematoma, or traumatic disruption) by deployment of afenestrated visceral aortic endograft and all associated radiological supervision andinterpretation, including target zone angioplasty, when performed; including one visceral

34841 artery endoprosthesis (superior mesenteric, celiac or renal artery)Endovascular repair of visceral aorta (e.g., aneurysm, pseudoaneurysm, dissection,penetrating ulcer, intramural hematoma, or traumatic disruption) by deployment of afenestrated visceral aortic endograft and all associated radiological supervision andinterpretation, including target zone angioplasty, when performed; including two visceral

34842 artery endoprostheses (superior mesenteric, celiac and/or renal artery[s))Endovascular repair of visceral aorta (e.g., aneurysm, pseudoaneurysm, dissection,penetrating ulcer, intramural hematoma, or traumatic disruption) by deployment of afenestrated visceral aortic endograft and all associated radiological supervision andinterpretation, including target zone angioplasty, when performed; including three visceral

34843 artery endoprostheses (superior mesenteric, celiac and/or renal artery[s])Endovascular repair of visceral aorta (e.g., aneurysm, pseudoaneurysm, dissection,penetrating ulcer, intramural hematoma, or traumatic disruption) by deployment of afenestrated visceral aortic endograft and all associated radiological supervision andinterpretation, including target zone angioplasty, when performed; including four or more

34844 visceral artery endoprostheses (superior mesenteric, celiac and/or renal artery[s])Endovascular repair of visceral aorta and infrarenal abdominal aorta (e.g., aneurysm,pseudoaneurysm, dissection, penetrating ulcer, intramural hematoma, or traumaticdisruption) with a fenestrated visceral aortic endograft and concomitant unibody or modularinfrarenal aortic endograft and all associated radiological supervision and interpretation,including target zone angioplasty, when performed; including one visceral artery

34845 endoprosthesis (superior mesenteric, celiac or renal artery)Endovascular repair of visceral aorta and infrarenal abdominal aorta (e.g., aneurysm,pseudoaneurysm, dissection, penetrating ulcer, intramural hematoma, or traumaticdisruption) with a fenestrated visceral aortic endograft and concomitant unibody or modularinfrarenal aortic endograft and all associated radiological supervision and interpretation,including target zone angioplasty, when performed; including two visceral artery

34846 endoprostheses (superior mesenteric, celiac and/or renal artery[s))Endovascular repair of visceral aorta and infrarenal abdominal aorta (e.g., aneurysm,pseudoaneurysm, dissection, penetrating ulcer, intramural hematoma, or traumaticdisruption) with a fenestrated visceral aortic endograft and concomitant unibody or modularinfrarenal aortic endograft and all associated radiological supervision and interpretation,including target zone angioplasty, when performed; including three visceral artery

34847 endoprostheses (superior mesenteric, celiac and/or renal artery[s])Endovascular repair of visceral aorta and infrarenal abdominal aorta (e.g., aneurysm,pseudoaneurysm, dissection, penetrating ulcer, intramural hematoma, or traumaticdisruption) with a fenestrated visceral aortic endograft and concomitant unibody or modularinfrarenal aortic endograft and all associated radiological supervision and interpretation,including target zone angioplasty, when performed; including four or more visceral artery

34848 endoprostheses (superior mesenteric, celiac and/or renal artery[s])

3


Code DescriptionTranscatheter placement of an intravascular stent(s), intrathoracic common carotid arteryor innominate artery by retrograde treatment, via open ipsilateral cervical carotid arteryexposure, including angioplasty, when performed, and radiological supervision and

37217 interpretationTranscatheter placement of an intravascular stent(s) (except lower extremity, cervicalcarotid, extracranial vertebral or intrathoracic carotid, intracranial, or coronary), open orpercutaneous, including radiological supervision and interpretation and including all

37236 angioplasty within the same vessel, when performed; initial arteryTranscatheter placement of an intravascular stent(s) (except lower extremity, cervicalcarotid, extracranial vertebral or intrathoracic carotid, intracranial, or coronary), open orpercutaneous, including radiological supervision and interpretation and including allangioplasty within the same vessel, when performed; each additional artery (List

37237 separately in addition to code for primary procedure)Transcatheter placement of an intravascular stent(s), open or percutaneous, includingradiological supervision and interpretation and including angioplasty within the same

37238 vessel, when performed; initial veinTranscatheter placement of an intravascular stent(s), open or percutaneous, includingradiological supervision and interpretation and including angioplasty within the samevessel, when performed; each additional vein (List separately in addition to code for

37239 primary procedure)Vascular embolization or occlusion, inclusive of all radiological supervision andinterpretation, intraprocedural roadmapping, and imaging guidance necessary to completethe intervention; venous, other than hemorrhage (e.g., congenital or acquired venous

37241 malformations, venous and capillary hemangiomas, varices, varicoceles)Vascular embolization or occlusion, inclusive of all radiological supervision andinterpretation, intraprocedural roadmapping, and imaging guidance necessary to completethe intervention; arterial, other than hemorrhage or tumor (e.g., congenital or acquiredarterial malformations, arteriovenous malformations, arteriovenous fistulas, aneurysms,

37242 pseudoaneurysms)Vascular embolization or occlusion, inclusive of all radiological supervision andinterpretation, intraprocedural roadmapping, and imaging guidance necessary to complete

37243 the intervention; for tumors, organ ischemia, or infarctionVascular embolization or occlusion, inclusive of all radiological supervision andinterpretation, intraprocedural roadmapping, and imaging guidance necessary to complete

37244 the intervention; for arterial or venous hemorrhage or lymphatic extravasationEsophagoscopy, rigid, transoral; diagnostic, including collection of specimen(s) by

43191 brushing or washing when performed (separate procedure)

43192 Esophagoscopy, rigid, transoral; with directed submucosal injection(s), any substance

43193 Esophagoscopy, rigid, transoral; with biopsy, single or multiple

43194 Esophagoscopy, rigid, transoral; with removal of foreign body

43195 Esophagoscopy, rigid, transoral; with balloon dilation (less than 30 mm diameter)Esophagoscopy, rigid, transoral; with insertion of guide wire followed by dilation over guide

43196 wire

4


Code DescriptionEsophagoscopy, flexible, transnasal; diagnostic, includes collection of specimen(s) by

43197 brushing or washing when performed (separate procedure)

43198 Esophagoscopy, flexible, transnasal; with biopsy, single or multiple

43211 Esophagoscopy, flexible, transoral; with endoscopic mucosal resectionEsophagoscopy, flexible, transoral; with placement of endoscopic stent (includes pre- and

43212 post-dilation and guide wire passage, when performed)

Esophagoscopy, flexible, transoral; with dilation of esophagus, by balloon or dilator,43213 retrograde (includes fluoroscopic guidance, when performed)

Esophagoscopy, flexible, transoral; with dilation of esophagus with balloon (30 mm43214 diameter or larger) (includes fluoroscopic guidance, when performed)

Esophagoscopy, flexible, transoral; with ablation of tumor(s), polyp(s), or other lesion(s)43229 (includes pre- and post-dilation and guide wire passage, when performed)

Esophagogastroduodenoscopy, flexible, transoral; with dilation of esophagus with balloon43233 (30 mm diameter or larger) (includes fluoroscopic guidance, when performed)

Esophagogastroduodenoscopy, flexible, transoral; with transendoscopic ultrasound-guidedtransmural injection of diagnostic or therapeutic substance(s) (e.g., anesthetic, neurolyticagent) or fiducial marker(s) (includes endoscopic ultrasound examination of theesophagus, stomach, and either the duodenum or a surgically altered stomach where the

43253 jejunum is examined distal to the anastomosis)

43254 Esophagogastroduodenoscopy, flexible, transoral; with endoscopic mucosal resectionEsophagogastroduodenoscopy, flexible, transoral; with placement of endoscopic stent

43266 (includes pre- and post-dilation and guide wire passage, when performed)Esophagogastroduodenoscopy, flexible, transoral; with ablation of tumor(s), polyp(s), or

43270 other lesion(s) (includes pre- and post-dilation and guide wire passage, when performed)Endoscopic retrograde cholangiopancreatography (ERCP); with placement of endoscopicstent into biliary or pancreatic duct, including pre- and post-dilation and guide wire

43274 passage, when performed, including sphincterotomy, when performed, each stentEndoscopic retrograde cholangiopancreatography (ERCP); with removal of foreign body(s)

43275 or stent(s) from biliary/pancreatic duct(s)Endoscopic retrograde cholangiopancreatography (ERCP); with removal and exchange ofstent(s), biliary or pancreatic duct, including pre- and post-dilation and guide wire passage,

43276 when performed, including sphincterotomy, when performed, each stent exchangedEndoscopic retrograde cholangiopancreatography (ERCP); with trans-endoscopic balloondilation of biliary/pancreatic duct(s) or of ampulla (sphincteroplasty), including

43277 sphincterotomy, when performed, each ductEndoscopic retrograde cholangiopancreatography (ERCP); with ablation of tumor(s),polyp(s), or other lesion(s), including pre- and post-dilation and guide wire passage, when

43278 performedImage-guided fluid collection drainage by catheter (e.g., abscess, hematoma, seroma,

49405 Iymphocele, cyst); visceral (e.g., kidney, liver, spleen, lung/mediastinum), percutaneousImage-guided fluid collection drainage by catheter (e.g., abscess, hematoma, seroma,

49406 Iymphocele, cyst); peritoneal or retroperitoneal, percutaneous

5


Code DescriptionImage-guided fluid collection drainage by catheter (e.g., abscess, hematoma, seroma,

49407 Iymphocele, cyst); peritoneal or retroperitoneal, transvaginal or transrectalCystourethroscopy, with ureteroscopy and/or pyeloscopy; with lithotripsy including insertion

52356 of indwelling ureteral stent (e.g., Gibbons or double-J type)

Chemodenervation of muscle(s); neck muscle(s), excluding muscles of the larynx,64616 unilateral (e.g., for cervical dystonia, spasmodic torticollis)

Chemodenervation of muscle(s); larynx, unilateral, percutaneous (e.g., for spasmodic64617 dysphonia), includes guidance by needle electromyography, when performed

64642 Chemodenervation of one extremity; 1-4 muscle(s)Chemodenervation of one extremity; each additional extremity, 1-4 muscle(s) (List


64644 Chemodenervation of one extremity; 5 or more musclesChemodenervation of one extremity; each additional extremity, 5 or more muscles (List


64646 Chemodenervation of trunk muscle(s); 1-5 muscle(s)

64647 Chemodenervation of trunk muscle(s); 6 or more musclesInsertion of anterior segment aqueous drainage device, without extraocular reservoir,

66183 external approachImmunohistochemistry or immunocytochemistry, each separately identifiable antibody perblock, cytologic preparation, or hematologic smear; each additional separately identifiable

88343 antibody per slide (List separately in addition to code for primary procedure)

114.3 CMR 16.00 Deleted Codes

Code Description

13150 Repair, complex, eyelids, nose, ears and/or lips; 1.0 cm or less

19102 Biopsy of breast; percutaneous, needle core, using imaging guidanceBiopsy of breast; percutaneous, automated vacuum assisted or rotating biopsy device,

19103 using imaging guidance

19290 Preoperative placement of needle localization wire, breast;Preoperative placement of needle localization wire, breast; each additional lesion (List

19291 separately in addition to code for primary procedure)Image guided placement, metallic localization clip, percutaneous, during breast

19295 biopsy/aspiration (List separately in addition to code for primary procedure)

23331 Removal of foreign body, shoulder; deep (e.g., Neer hemiarthroplasty removal)

23332 Removal of foreign body, shoulder; complicated (e.g., total shoulder)

32201 Pneumonostomy; with percutaneous drainage of abscess or cystTranscatheter occlusion or embolization (e.g., for tumor destruction, to achievehemostasis, to occlude a vascular malformation), percutaneous, any method, non-

37204 central nervous system, non-head or neck

6


Code DescriptionTranscatheter placement of an intravascular stent(s) (except coronary, carotid,

37205 vertebral, iliac, and lower extremity arteries), percutaneous; initial vesselTranscatheter placement of an intravascular stent(s) (except coronary, carotid,vertebral, iliac, and lower extremity arteries), percutaneous; each additional vessel

37206 (List separately in addition to code for primary procedure)Transcatheter placement of an intravascular stent(s) (except coronary, carotid,

37207 vertebral, iliac and lower extremity arteries), open; initial vesselTranscatheter placement of an intravascular stent(s) (except coronary, carotid,vertebral, iliac and lower extremity arteries), open; each additional vessel (List

37208 separately in addition to code for primary procedure)Uterine fibroid embolization (UFE, embolization of the uterine arteries to treat uterinefibroids, leiomyomata), percutaneous approach inclusive of vascular access, vesselselection, embolization, and all radiological supervision and interpretation,intraprocedural roadmapping, and imaging guidance necessary to complete the

37210 procedure

42802 Biopsy; hypopharynx

43219 Esophagoscopy, rigid or flexible; with insertion of plastic tube or stentEsophagoscopy, rigid or flexible; with ablation of tumor(s), polyp(s), or other lesion(s),

43228 not amenable to removal by hot biopsy forceps, bipolar cautery or snare techniqueUpper gastrointestinal endoscopy including esophagus, stomach, and either theduodenum and/or jejunum as appropriate; with transendoscopic stent placement

43256 (includes predilation)Upper gastrointestinal endoscopy including esophagus, stomach, and either theduodenum and/or jejunum as appropriate; with ablation of tumor(s), polyp(s), or otherlesion(s) not amenable to removal by hot biopsy forceps, bipolar cautery or snare

43258 techniqueEndoscopic retrograde cholangiopancreatography (ERCP); with endoscopic

43267 retrograde insertion of nasobiliary or nasopancreatic drainage tubeEndoscopic retrograde cholangiopancreatography (ERCP); with endoscopic

43268 retrograde insertion of tube or stent into bile or pancreatic ductEndoscopic retrograde cholangiopancreatography (ERCP); with endoscopic

43269 retrograde removal of foreign body and/or change of tube or stentEndoscopic retrograde cholangiopancreatography (ERCP); with endoscopic

43271 retrograde balloon dilation of ampulla, biliary and/or pancreatic duct(s)Endoscopic retrograde cholangiopancreatography (ERCP); with ablation of tumor(s),polyp(s), or other lesion(s) not amenable to removal by hot biopsy forceps, bipolar

43272 cautery or snare technique

43456 Dilation of esophagus, by balloon or dilator, retrograde

43458 Dilation of esophagus with balloon (30 mm diameter or larger) for achalasia

44901 Incision and drainage of appendiceal abscess; percutaneous

47011 Hepatotomy; for percutaneous drainage of abscess or cyst, 1 or 2 stages

48511 External drainage, pseudocyst of pancreas; percutaneous

7


Code DescriptionDrainage of peritoneal abscess or localized peritonitis, exclusive of appendiceal

49021 abscess; percutaneous

49041 Drainage of subdiaphragmatic or subphrenic abscess; percutaneous

49061 Drainage of retroperitoneal abscess; percutaneous

50021 Drainage of perirenal or renal abscess; percutaneousDrainage of pelvic abscess, transvaginal or transrectal approach, percutaneous (e.g.,

58823 ovarian, pericolic)Chemodenervation of muscle(s); neck muscle(s) (e.g., for spasmodic torticollis,

64613 spasmodic dysphonia)Chemodenervation of muscle(s); extremity and/or trunk muscle(s) (e.g., for dystonia,

64614 cerebral palsy, multiple sclerosis)

114.3 CMR 16.00 Crosswalk

Deleted Codes Replacement Codes

19102-19103 19081-1908619290-19291,19295 19081-19086,19281-19288

23331 23333-2333532201 4940537204 37241-37244

37205-37208 37236-3723937210 37243

31510,31535-31536,42802 3157643219 4321243228 4322943256 4326643258 43270

43267 -43268 4327443269 43275-4327643271 4327743272 4327843456 4321343458 43214,43233

44901,49021,49041, 49061 4940647011 -48511, 50021 49405

8



58823 49407

64613 64616

64614 64642-64647

114.3 CMR 16.00 Rates

Code NFAC Fee FAC Fee Global PC Fee TC Fee

10030 $614.61 $115.92

19081 $523.39 $132.54

19082 $428.83 $64.01

19083 $520.89 $124.38

19084 $423.33 $60.22

19085 $793.48 $145.35

19086 $640.57 $67.16

19281 $187.37 $76.14

19282 $132.00 $36.90

19283 $213.69 $76.99

19284 $158.89 $37.19

19285 $367.27 $65.29

19286 $310.38 $31.89

19287 $679.30 $103.64

19288 $546.70 $47.73

23333 $342.16

23334 $801.79

23335 $953.90

33366 $1,404.71

34841 I.C.

34842 I.C.

34843 I.C.

34844 I.C.

34845 I.C.

34846 I.C.

34847 I.C.

34848 I.C.

37217 $827.76

9



37236 $2,223.17 $342.49

37237 $963.85 $159.50

37238 $3,280.26 $240.04

37239 $1,630.84 $111.29

37241 $3,628.62 $333.96

37242 $6,130.34 $372.82

37243 $2,918.21 $405.38

37244 $5,400.02 $518.45

43191 $96.03

43192 $114.24

43193 $135.78

43194 $122.20

43195 $136.06

43196 $148.46

43197 $143.18 $60.26

43198 $159.42 $71.68

43211 $183.77

43212 $143.81

43213 $479.47 $116.63

43214 $147.64

43229 $167.44

43233 $175.10

43253 $203.21

43254 $210.71

43266 $191.23

43270 $200.53

43274 $360.83

43275 $297.61

43276 $375.40

43277 $321.18

43278 321.46

49405 $686.13 $159.99

49406 $685.84 $160.27

49407 $732.92 $127.36

52356 $307.88

10



64616 $121.72 $106.39

64617 $145.87 $85.31

64642 $104.61 $79.42

64643 $68.37 $52.80

64644 $119.84 $86.73

64645 $83.96 $60.47

64646 $112.53 $85.93

64647 $130.23 $99.10

66183 $806.27

88343 I.C. I.C.

101 CMR 317.00 Added Codes

Code DescriptionInfluenza virus vaccine, trivalent, derived from recombinant DNA (RIV3), hemagglutinin

90673 (HA) protein only, preservative and antibiotic free, for intramuscular use

92521 Evaluation of speech fluency (e.g., stuttering, cluttering)Evaluation of speech sound production (e.g., articulation, phonological process, apraxia,

92522 dysarthria);Evaluation of speech sound production (e.g., articulation, phonological process, apraxia,dysarthria); with evaluation of language comprehension and expression (e.g., receptive

92523 and expressive language)

92524 Behavioral and qualitative analysis of voice and resonance

93582 Percutaneous transcatheter closure of patent ductus arteriosusPercutaneous transcatheter septal reduction therapy (e.g., alcohol septal ablation)

93583 including temporary pacemaker insertion when performed

94669 Mechanical chest wall oscillation to facilitate lung function, per sessionLow frequency, non-contact, non-thermal ultrasound, including topical application(s), when

97610 performed, wound assessment, and instruction(s) for ongoing care, per dayInterprofessional telephone/Internet assessment and management service provided by aconsultative physician including a verbal and written report to the patient'streating/requesting physician or other qualified health care professional; 5-10 minutes of

99446 medical consultative discussion and reviewInterprofessional telephone/Internet assessment and management service provided by aconsultative physician including a verbal and written report to the patient'streating/requesting physician or other qualified health care professional; 11-20 minutes of

99447 medical consultative discussion and review

11


Code DescriptionInterprofessional telephone/Internet assessment and management service provided by aconsultative physician including a verbal and written report to the patient'streating/requesting physician or other qualified health care professional; 21-30 minutes of

99448 medical consultative discussion and review

Interprofessional telephone/Internet assessment and management service provided by aconsultative physician including a verbal and written report to the patient'streating/requesting physician or other qualified health care professional; 31 minutes or

99449 more of medical consultative discussion and reviewTotal body systemic hypothermia in a critically ill neonate per day (List separately in

99481 addition to code for primary procedure)Selective head hypothermia in a critically ill neonate per day (List separately in addition to

99482 code for primary procedure)

Code DescriptionJ0151 Inj Adenosine Diag 1mgJ0401 Injection, aripiprazole, extended release, 1 mgJ0717 Certolizumab Pegollnj 1mgJ1442 Inj, Filgrastim G-CSF 1mcgJ1446 Injection, tbo-filgrastim, 5 microgramsJ1556 Inj, Imm Glob Bivigam, 500mgJ1602 Injection, golimumab, 1 mg, for intravenous useJ3060 Inj, Taliglucerace Alfa 10 uJ3489 Zoledronic Acid 1mgJ7301 Levonorgestrel-releasing intrauterine contraceptive system (skyla), 13.5 mgJ7316 Inj, Ocriplasmin, 0.125 mgJ7508 Tacrolimus Ex Rei oral 0.1mgJ9047 Injection, Carfilzomib, 1 mgJ9262 Injection, omacetaxine mepesuccinate, 0.01 mgJ9306 Injection, Pertuzumab, 1 mgJ9354 Inj, Ado-trastuzumab Emt 1mgJ9371 Injection, vincristine sulfate liposome, 1 mgJ9400 Inj, ziv-aflibercept, 1mg

12


101 CMR 317.00 Deleted Codes

Code Description

92506 Evaluation of speech, language, voice, communication, and/or auditory processing

Code Description

J0152 Injection, adenosine for diagnostic use, 30 mg

J0718 Injection, certolizumab pegol, 1 mg

J1440 Injection, filgrastim (g-csf), 300 mcg

J1441 Injection, filgrastim (g-csf), 480 mcg

J3487 Injection, zoledronic acid (zometa), 1 mg

J3488 Injection, zoledronic acid (reclast), 1 mg

J9002 Injection, doxorubicin hydrochloride, liposomal, doxil, 10 mg

101 CMR 317.00 Crosswalks

92506

Replacement Codes

92521-92524

Deleted Codes

101 CMR 317.00 Rates

NFACCode Fee FAC Fee Global PC Fee TC Fee

90673 $36.48

92521 $85.65

92522 $69.38

92523 $144.31

92524 $71.97

93582 $493.66

93583 $549.35

94669 $27.92

97610 i.c.

99446 I.C.

99447 I.C.

99448 I.C.

99449 I.C.

13



99481 I.C.

99482 I.C.

Code RatesJ0151 $3.31J0401 I.C.

J0717 $5.13J1442 $0.99J1446 I.C.

J1556 $38.64J1602 I.C.

J3060 $30.90J3489 $105.42J7301 I.C.

J7316 $1,046.75J7508 $0.42J9047 $29.29J9262 I.C.

J9306 $10.21J9354 $29.17J9371 I.C.

J9400 $9.37


114.3 CMR 18.00 Added Codes

Code DescriptionRespiratory motion management simulation (List separately in addition to code for

77293 primary procedure)

114.3 CMR 18.00 Deleted Codes

Code DescriptionTranscatheter introduction of intravascular stent(s) (except coronary, carotid, vertebral,iliac, and lower extremity artery), percutaneous and/or open, radiological supervision

75960 and interpretation, each vesselStereotactic localization guidance for breast biopsy or needle placement (e.g., for wire

77031 localization or for injection), each lesion, radiological supervision and interpretationMammographic guidance for needle placement, breast (e.g., for wire localization or for

77032 injection), each lesion, radiological supervision and interpretation

114.3 CMR 18.00 Crosswalks


77031 19081, 1928377032 19281

114.3 CMR 18.00 Rates


77293 $76.22 $259.43


NOTICES OF PUBLIC REVIEW OF PROSPECTIVE REGULATIONS

PUBLISHED IN COMPLIANCE WITH M.G.L. c. 30A, SECTIONS 2 AND 3

THE COMMONWEALTH OF MASSACHUSETTS

Secretary of the Commonwealth - William Francis Galvin

February 14, 2014Published

Elementary and Secondary

Education, Department of

603 CMR 53.00 Written comments accepted until

3/7/14.

Fire Prevention Regulations,

Board of

527 CMR 6.00 & 40.00 3/6/14 @ 1:00 P.M. Written

comments accepted until 3/5/14 @

5:00 P.M.

114.3 CMR Health Care

Finance and Policy, Division of

114.3 CMR 48.00 3/7/14 @ 10:00 A.M. Written

testimony accepted until 3/17/14

@ 5:00 P.M.

Health and Human Services,

Executive Office of

101 CMR 348.00 3/7/14 @ 10:00 A.M. Written

testimony accepted until 3/17/14

@ 5:00 P.M.

Medical Assistance, Division

of

130 CMR 450.000 Comments accepted until 3/7/14.

Labor Standards, Department

of

424 CMR 22.00 2/24/14, 10:00 A.M. - 12:00 P.M.;

2/26/14, 10:00 A.M. - 12:00 P.M.

Written comments accepted until

2/28/14, close of business


Massachusetts Department ofElementary end Secondary Education75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone. (781) 338-3000

TTY: NE T Relay 1-800-439-2370

NOTICE OF PUBLIC COMMENT

Pursuant to its authority under M.G.L. c. 69, § 1B, and c. 71, § 37H and 37H % , and inaccordance with the Administrative Procedure Act, M.G.L. c.30A, § 3, the Massachusetts Boardof Elementary and Secondary Education (Board) is soliciting public comment on 603 CMR53.00, Student Discipline Regulations.

The proposed new regulations establish certain procedural requirements for student suspensionsand expulsions in public and charter schools as required by Chapter 222 of the Acts of2012, "AnAct Relative to Student Access to Educational Services and Exclusion from School". Theproposed new regulations will include: the minimum requirements and procedures applicable tothe suspension ofa student under new M.G.L. c. 71, §37 H%; the requirement that public schoolshave policies and procedures in place to ensure that all student who have been suspended, in-school or out-of-school, or expelled, have an opportunity to make academic progress during theirsuspension or expulsion, in accordance with new M.G.L. c. 76, §21; and the requirements fordata reporting.

Copies of the regulations are available at http://www.doe.mass.edu/lawsregs/, or by calling 781-338-6303. Written comments on the proposed regulations may be submitted by mail to:Elizabeth Harris Department of Elementary and Secondary Education, 75 Pleasant Street,Malden, MA 02148, by fax to 781-338-3399, or bye-mail to [email protected]. Thedeadline for submission of public comment is Friday, March 7,2014. The Board is expected tovote on adopting the regulations as permanent regulations at its regular monthly meetingscheduled for March 25,2014.

to :" WV It NVr It\OZ'WiSi/dU SNOU'l;flnD3t131'lJ'lS ,10 )..t!\i13BJ3S


Massachusetts Department ofElementary and Secondary Education75 Pleasant Street, Malden, Massachusetts 02148-4906 Telephone: (781) 338-3000

TTY: N.E. T. Relay 1-800-439-2370

Small Business Impact Statement Pursuant to M.G.L. c. 30A, §2

This statement accompanies the filing by the Department of Elementary and SecondaryEducation ("Department") of proposed regulations 603 CMR 53.00, Student DisciplineRegulations.

The proposed regulations are intended to do the following:

Establish certain procedural requirements for student suspensions and expulsions in public andcharter schools as required by Chapter 222 of the Acts of 20 12, "An Act Relative to StudentAccess to Educational Services and Exclusion from School". The proposed regulations willinclude: the minimum requirements and procedures applicable to the suspension of a studentunder new M.G.L. c. 71, §37 H%; the requirement that public schools have policies andprocedures in place to ensure that all student who have been suspended, in-school or out-of-school, or expelled, have an opportunity to make academic progress during their suspension orexpulsion, in accordance with new M.G.L. c. 76, §21; and the requirements for data reporting.

The proposed regulations do not affect small businesses.1. Since the amendments do not affect small businesses, the following considerations are

not applicable:a. Reporting, record keeping or other administrative costs required of small

businesses for compliance associated with these amendments.b. Appropriateness of performance standards vs. design standards.c. Regulations of this agency or any other state agency, which may duplicate or

conflict with the proposed amendments.d. Analysis of whether the proposed amendments are likely to deter or encourage the

formation of new business in the state.

Rhoda E. Scl1lfeiCle;,Ol1bf of the Department of Elementary and Secondary Education

Date:.


DEVAL L. PATRICKGOVERNOR

ANDREA J. CABRALSECRETARY

Ttt~~~H~~tO~~P~~~~~ ~ F~ P-14l~ ~~

P.O. ~ 102S - 5:wt R~~,H~OflIS

(1I~) SQ-3100 F~: (1I~) SQ-3121

Commonwealth of MassachusettsBoard of Fire Prevention Regulations

Notice of Public Hearing

Pursuant to M.G.L. ch. 22D, sec.4; ch. 148, sec. 9,10,28 and MGL ch.30A, sec.2, notice is given of a hearing to beheld by the Massachusetts Board of Fire Prevention Regulations (BFPR), at the Department of Fire Services,Boards and Commissions Hearing Room, State Rd., Stow, Massachusetts on Thursday, March 6, 2014, at 1:00 p.m.to receive comments regarding two proposed amendments to 527 CMR (the State Fire Safety Code). The 1st

proposal is an amendment to 527 CMR 6.00, entitled: Liquefied Petroleum Gas Containers and extends the date(from 1-1-14 to 9-1-14) by which certain persons who handle larger amounts of LP gas must receive requiredtraining. The 2nd proposal relates to inspection, testing and maintenance requirements, and records relating thereto,for fire protection systems that use water to extinguish a fire and is applicable to building that feature such systems(1 and 2 family homes excluded). The new 527 CMR 40.00, incorporates the provisions of (National FirePrevention Association) NFPA 25, 2011 Edition, entitled: Standardfor the Inspection and Maintenance of Water-Based Fire Protection Systems. The new regulation provides more detail to current fire code requirements and areconsistent with the more detailed system maintenance requirements of the current State Building Code. Writtencomments for BFPR consideration on either of these proposals must be submitted by 5:00 pm, March 5, 2014 to:BFPR Executive Director Richard A. Fredette, BFPR, P.O. Box 1025, State Rd, Stow, MA. 01775 (Tel. 978-567-3302). Copies of these proposed regulations are also available by contacting Mr. Fredette. Small business impactstatements relative to these proposals are on file with the Secretary of State's Office.

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SBIS: 527CMR 40 .00

SMALL BUSINESS IMPACT STATEMENT

Agency Submitting Regulation: Board of Fire Prevention Regulations (BFPR) Date: 1-23-14

Subject Matter of Regulation: Inspection, Testing and Maintenance of Water-Based Fire ProtectionSystems.

Regulation No: Proposed new chapter: 527 CMR 40.00

Statutory Authority: MGL c. 22D, s. 4 and c. 148, §§ 10 and 28

Other Agencies Affected: This proposed regulation in large part parallels existing water based sprinklersystem maintenance standards that have been in the State Building Code (780 CMR) since 1997, thereforethe proposal should not have any new fiscal affect or impact on any agencies. This regulation does havecross-jurisdictional impact with those who enforce the State building code, 780 CMR. Accordingly, theBoard of Building Regulations and Standards (BBRS and the Department of Public Safety (DPS) andlocal building departments may be involved in coordinated compliance efforts with local fire departments(who enforce 527 CMR) to assure that system maintenance requirements are in compliance.

Other Regulations That May Duplicate or Conflict with the Regulation: For decades, theMassachusetts Fire Code, in 527 CMR 1.06(2), has required owners, tenants and lessees to care for andmaintain all existing fire protection systems to safeguard occupants. However, said section lacks specificstandards regarding such maintenance, creating inconsistencies with regard to compliance andenforcement. This has raised concerns by many in the fire service resulting in the BFPR's development ofthis proposal. Parallel regulations relative to the maintenance of installed water based fire protectionsystems, including the referenced NFPA standard (or preceding standards) in particular, have been in theState Building Code, 780 CMR since 1997 (see 780 CMR 901.4 (6th Ed) and are enforced by the buildingofficials. Adopting the same maintainance standard in both the building code (780 CMR) and the FireCode will assure that the same maintance requirements for these systems are enforced by both the buildngofficial and the fire official who can now coordinate compliance efforts.

Objectives of the Regulation The proposed regulation seeks to enhance public safety by adopting uniform andspecific regulations for the maintenance of water-based fire protection systems in both the building code and firecodes. Creating the same standard in both codes and granting both the building officials and the fire officials dualenforcement jurisdiction will assure the adequate mainanance of such systems. The purpose of 527 CMR 40.00 is toreduce the potential of ineffective fire control and/or fire suppression as a result of inadequate maintenance of saidsystems.

Business Industry(ies) Affected by the Regulation: The fire protection system maintenance requirementsfound in this proposed regulation have been in existence in the State Building Code since 1997. Accordingly, thisparticular proposal does not "target" any particular business classification since the standards are applicable toowners of any buildings that feature water-based fire protection systems (one and two family homes and most 3family homes excluded) and establish requirements relating to inspection, testing and maintenance activities. These


SBIS: 527CMR 40.00standards will also be used by those businesses that engage in inspection and maintenance services for the

public

Types of Businesses Included in the Industry:This proposal is applicable to businesses that own any building that feature a water-based fire protection

system to extinguish a fire (one and two family homes and most 3 family homes excluded) andestablishes requirements relating to inspection, testing and maintenance activities. Accordingly, theproposed regulation does not apply to any specific set or category of business. These standards will beused by those businessess that engage in inspection and maintaince services relating to said systems.

Effective Date Used In Cost Estimate: 1-23-14

Estimate Prepared By: Telephone No.: (see below)

Timothee Rodrique, Director, Division of Fire Safety, DFS 978-567-3301

Peter Senopoulos, Deputy General Counsel, DFS 978-567-3181

Yes No N/A *Note: For each question, explain why you answered 'yes," "no," or "notapplicable." Where the answer to any of the following questions is 'yes," in additionto explaining your answer, provide a fair estimate of the expected cost of therequirement, or a reasonable basis for assuming the cost will be de minimis orinsignificant. This estimate may be based on any facts, data, views, arguments, inputfrom small businesses and/or small business advocacy groups, or any other sourcesthat quantify the cost associated with the regulation.

~ 0 0 Will the regulation have an effect on small businesses?

For decades, the Massachusetts Fire Code, in 527 CMR 1.06(2), has required owners, tenantsand lessees to care and maintain all fire protection systems to safeguard occupants. Suchsystem maintenance has also been required by the State Building Code, 780 CMR since 1997(see 780 CMR 901.4 (6th Ed). This regulation does not "target" any business in particular sinceit is applicable to owners of all buildings that feature water-based fire protection systems thatuse water to extinguish a fire (one and two family and most 3 family homes excluded) andestablishes requirements relating to inspection, testing and maintenance activities. It should benoted that NFP A -25 (2011 Edition) is a "maintenance" requirement and, in general, does nottrigger automatic updates to an existing fire protection system as long as said system continuesto operate as originally designed. Since the maintenance of existing sprinkler systems has beengenerally required for years under 527 CMR, and more specifically, in the State Building Code,it can be reasonably concluded that this regulation does not itself impose any additional coststhen those that are already required. However, the board does anticipate that once thisregulation is enforced by fire departments, compliance activity will increase significantly.Although such systems can vary in design, type and size depending upon age, occupancy anduse, Board staff estimates that the average annual cost to maintain a typical system isapproximately $1,000.00 per year. More techn ically complicated and/or sophisticated systemscould cost significantly more.

It should be noted that most property insurers already require compliance with the proposedstandards to be eligible for discounts on annual insurance premiums. The NFP A 25 (2008Edition) is also currently referenced in 780 CMR, The State Building Code and there are plansby the BBRS to also update to the proposed 2011 Edition.


SBIS· 527CMR 40.00If yes, how many small businesses will be affected by the regulation?

It should be noted that, as a practical matter, the proposal in large part, is not new since suchmaintenance standards have been in the building code since 1997. However, it is estimatedthat the number of small businesses who have an obligation to maintain buildings within thescope of this regulation would be less than 10,000.

~ D D Does the regulation require small businesses to keep additional records?

Upon request, the owner ofthe structure or building must transmit to the Head ofthe Fire Department an inspection, testing and maintenance form prescribed by theMarshal. It should be noted however, that a record retention requirement is alreadyin the building code.

D ~ D Does the regulation require small businesses to provide additional administrativeoversight? (see record requirements above)

D D ~ Will small businesses have to hire additional employees to comply with theregulation? Not anticipated

~ D D Are performance standards more appropriate than design standards?

Although this regulation is principally a prescriptive method, it does allow for aperformance based option.

D D ~ Does compliance with the regulation require small businesses to hire otherprofessionals (e.g. a lawyer, accountant, engineer, etc.)? Suchmaintenancelinspection requirements are already required by the building code and, inaccordance with MGL c. 146, s. 84, should be performed only by a licensed sprinklercontractor. However, as indicated, it is anticipated that compliance will increasedramatically.

D ~ D Does the regulation require small businesses to purchase a product or make anyother capital investments in order to comply with the regulation? None projected

D D ~ Does the regulation require small businesses to cooperate with audits, inspections,or other regulatory enforcement activities? (see report requirements above)

D D ~ Will the regulation have the effect of creating additional taxes and/or fees forsmall businesses? None required

D D ~ Does the regulation require small businesses to provide educational services tokeep up to date with regulatory requirements? None required

D D ~ Is the regulation likely to deter the formation of small businesses inMassachusetts? The incorporation ofthis standard into 527 CMR 40.00 will providea clear understanding of the requirements by the regulated community and shouldprovide a consistent approach to enforcement. We do not believe that this proposal willdeter the formation of small business.

-3 -The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.

SBIS: 527CMR 40.00

D D ~ Is the regulation likely to encourage the formation of small businesses inMassachusetts? It is estimated that this proposal will neither discourage norencourage the formation of small business in the Commonwealth.

D [Z] D Can the regulation provide for less stringent compliance or reportingrequirements for small businesses?

No this is a minimum standard

D D [Z] Can the regulation establish less stringent schedules or deadlines for complianceor reporting requirements for small businesses? No. It should be noted that this (orpreceding similar) standards have been required under the state building code since1997. The regulation does feature a performance based option that may allow for someflexibility .

D [Z] D Can the compliance or reporting requirements be consolidated or simplified forsmall businesses? No, due to the nature and applicability ofthe standard.

D D ~ Can performance standards for small businesses replace design or operationalstandards? It should be noted that the regulation does feature a performance-basedoption that may allow for some flexibility from design or operation standards.

D D [Z] Are there alternative regulatory methods that would minimize the adverse impacton small businesses? None identified

- 4-The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.

DRAFT SMALL BUSINESS IMPACT STATEMENT as of 7-19-12

Agency Submitting Regulation: Board of Fire Prevention Regulations Date: 1-23-14

Subject Matter of Regulation: Liquefied Petroleum Gas Containers and Systems

Regulation No: 527 CMR 6.00

Statutory Authority: M.G.L. c.22D, s.4; M.G.L. c.148, s. 9, 10 and 28

Other Agencies Affected: It is not anticipated that this will impact any other state agency.

Other Regulations That May Duplicate or Conflict with the Regulation:

No duplication or conflict identified.

Objectives of the current Regulation: The purpose and scope of the current regulation: 27 CMR 6.00 is toprescribe minimum standards for LP-gas (propane) systems for the protection and safety of the public atlarge. The purpose ofthe amendment (which was filed on an emergency basis, eff. 12-20-13) is to extendthe compliance date for the training requirements for certain employees who handle larger amounts ofLPgas containers and systems. The original date of 1-1-14 has been extended to 9-1-14.

Business Industry(ies) Affected by the Regulation: Retail and wholesale businesses, which store and distributeLP-gas (propane).

Types of Businesses Included in the Industry (ies ):Retail and wholesale businesses, which store and distributeLP-gas (propane). Including: distributors and transporters or LP gas into Massachusetts by rail or roadway tankers,fixed location wholesale or retail distributors, mobile distributors who deliver at fixed tank locations.

Effective Date Used In Cost Estimate: 1-23-14

Estimate Prepared By: Telephone No.: (see below)

Peter Senopoulos, Dep. Gen. Counsel, Dept. of Fire Services 978-567-3181

Yes No N/A *Note: For each question, explain why you answered 'yes," "no," or "not applicable." Wherethe answer to any of the following questions is 'yes," in addition to explaining your answer,provide afair estimate of the expected cost of the requirement, or a reasonable basis forassuming the cost will be de minimis or insignificant. This estimate may be based on anyfacts, data, views, arguments, input from small businesses and/or small business advocacygroups, or any other sources that quantify the cost associated with the regulation.

~ D D Will the regulation have an effect on small businesses?

Businesses will have more time within which to assure that employees are properlytrained

-1-The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.

If yes, how many small businesses are affected by the regulation?

Estimated number 75 (Number provided by Propane Gas Association of New England)

D ~ Does the regulation require small businesses to make, file, or issue reports?

The proposal does not require any additional reports.

0 ~ 0 Does the regulation require small businesses to keep additional records?

The proposal does not require any additional records

0 ~ 0 Does the regulation require small businesses to provide additional administrativeoversight? The proposal does not require any additional administrative oversight.

0 ~ 0 Will small businesses have to hire additional employees to comply with the regulation? Theproposal does not require the hiring of additional employees.

0 ~ 0 Are performance standards more appropriate than design standards?

This proposed amendment and the adopted standard, as is the current regulation and its adoptedstandard, are a combination of performance and design standards, as applicable.

0 ~ 0 Does compliance with the regulation require small businesses to hire other professionals(e.g. a lawyer, accountant, engineer, etc.)? The proposed amendment does not require thehiring of other professionals.

0 0 ~ Does the regulation require small businesses to purchase a product or make any othercapital investments in order to comply with the regulation?

The proposed amendment does not require the purchase of additional products, and requires nocapital investment.

D ~ D Does the regulation require small businesses to cooperate with audits, inspections, or otherregulatory enforcement activities? The proposed amendment does not require smallbusinesses to conduct further audits, inspections, or other regulatory enforcement activities.

0 ~ 0 Will the regulation have the effect of creating additional taxes and/or fees for smallbusinesses? The proposed amendment does not require additional taxes or fees.

0 0 ~ Does the regulation require small businesses to provide educational services to keep up todate with regulatory requirements? This amendment does not require "additional"educational services to keep up to date with regulatory requirements. The amendmentdoes extend the time to acquire the training.

0 ~ 0 Is the regulation likely to deter the formation of small businesses in Massachusetts? Theproposed amendment is neutral in its effect on business formation.

0 0 ~ Is the regulation likely to encourage the formation of small businesses in Massachusetts?

-2-The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.

The proposed revisions neutral in its effect on business formation.

D k?Sl D Can the regulation provide for less stringent compliance or reporting requirements forsmall businesses? The requirements of the proposed amendment do not require any additionalrequirements but merely extends the time within which to comply with existing requirements.

D k?Sl D Can the regulation establish less stringent schedules or deadlines for compliance orreporting requirements for small businesses? This extension amendment does establish a lessstringent deadline for compliance then the current standard.

D D k?Sl Can the compliance or reporting requirements be consolidated or simplified for smallbusinesses'[ The proposed amendment does not require any additional compliance and reportingrequirements.

D D [gJ Can performance standards for small businesses replace design or operational standards?

This proposed amendments do not involve a performance or design standard.

D k?Sl 0 Are there alternative regulatory methods that would minimize the adverse impact on smallbusinesses?

No known alternative method. The referenced standard is an accepted industry practice.

- 3 -The text of the regulations published in the electronic version of the Massachusetts Register is unofficial and for informational purposes only.The official version is the printed copy which is available from the State Bookstore at http://www.sec.state.ma.us/spr/sprcat/catidx.htm.


One Ashburton Place, Room 1109Boston, MA 02108

DEVAL L. PATRICKGovernor 114.3 CMR 48.00

Tel.: 617-573-1600Fax: 617-573-1890www.mass.gov / eohhs


NOTICE OF PUBLIC HEARING

Pursuant to the provisions of M.G.L. c.118E and in accordance with M.G.L. c. 30A, as amended, theExecutive Office of Health and Human Services (EOHHS) will hold a public hearing on Friday, March7,2014 at 10:00 a.m. at the Center for Health Information and Analysis, Two Boylston Street, 5th

floor, Boston, MA 02116 relative to the emergency adoption of 101 CMR 348.00: Day HabilitationProgram Services and the emergency repeal of 114.3 CMR 48.00: Day Habilitation ProgramServices. These actions are being taken in order to comply with c. 224 of the Acts of 2012, whichtransferred authority for this regulation from the Division of Health Care Finance and Policy in M.G.L.c. 118G to the Executive Office of Health and Human Services (EOHHS) in M.G.L. c. 118E. 101CMR 348.00 replaces 114.3 CMR 48.00 as the regulation governing payment rates for dayhabilitation services, and contains amendments as well.

The changes adjust current rates, effective February 1,2014, by a cost adjustment factor (CAF). Forservices provided in community settings, rates will be increased by 9.722%, to reflect inflation fromthe last review cycle in 2010 through 2015, with 15 minute rates of $2.87 for low severity level, $3.24for moderate and $4.24 for high. For supplemental staffing assistance purchased by the Departmentof Developmental Services, a CAF of 7.505% was applied to base year 2011 costs through 2015,resulting in hourly direct care/program staff rates of $15.54, and $17.42 for credentialed staff. Forthe lower level of direct care/program staff, rates had been established within an allowable range;this has been replaced by a single rate. Payment for supplemental nursing services is included, andthe regulation refers to the Home Health Services regulation at 114.3 CMR 50.00 for applicable rates(continuous skilled nursing care, individual practitioner, weekday). All other rates will remain as is.

EOHHS is making these changes to ensure that payments are reasonable and adequate to meet thecosts that must be incurred by efficiently and economically operated providers. They are beingadopted on an emergency basis for the preservation of the public health, safety or general welfare.It is estimated that annual aggregate MassHealth expenditures will increase by $5.79 million in FY2014 and $13.88 million in FY 2015 as a result of these amendments. There is no fiscal impact oncities and towns. The amendments do not impose new costs on small businesses; the impact onsmall business providers will vary based on the volume of services provided.

Individuals that notify EOHHS of their intent to testify at the hearing will be afforded an earlieropportunity to speak. Speakers may notify EOHHS of their intention to testify at the hearing byregistering online at [email protected]. Individuals may also submit written testimonyby [email protected]. Please submit electronic testimony as an attached Worddocument or as text within the body of the email with the name of the regulation in the subject line.All submissions must include the sender's full name and address. Individuals who are unable tosubmit testimony by email shouldmailwrittentestimonytoEOHHS.c/oD.Briggs. 100 HancockStreet, 6th Floor, Quincy, MA 02171. Written testimony must be submitted by 5:00 p.m. on Monday,March 17,2014. Copies of the proposed regulation are available for inspection and/or purchase atEOHHS or viewed at EOHHS's website at www.mass.gov/eohhs/gov/laws-regs/hhs/eohhs-regulations.html. February 14, 2014


SMALL BUSINESS IMP ACT STATEMENT

In order to accurately predict the impact the adoption, amendment, or repeal of a regulation will have on smallbusinesses, the promulgating authority must conduct a thorough analysis that not only considers the potentialeffects of the action but also quantifies the costs, if any, associated with each. The questions below are designed toaid promulgating authorities in conducting their analysis.

Agency Submitting Regulation: Executive Office of Health and Human Services

Subject Matter of Regulation: Day Habilitation Program Services

Regulation No: 114.3 CMR 48.00

Statutory Authority: M.G.L. c. 118E

Other Agencies Affected: MassHealth, Department of Developmental Services

Other Regulations That May Duplicate or Conflict with the Regulation: None

Describe the Scope and Objectives ofthe Regulation: 114.3 CMR 48.00 governs the payment rates for dayhabilitation services rendered to publicly-aided individuals. The rates set forth in 114.3 CMR 48.00 also apply today habilitation services governed by 130 CMR 419.000 and other comparable programs ..

Business Industry(ies) Affected by the Regulation: Providers of day habilitation program services.

Types of Businesses Included in the Industry(ies): Providers of day habilitation program services ..

Total Number of Small Businesses Included in the Regulated Industry(ies) Please see the attached guidancedocuments for assistance determining the total number of small businesses: 70

Number of Small Businesses Potentially Subject to the Proposed Regulation: 70

Effective Date Used In Cost Estimate: February I,2014

Yes No "Note: For each question, please answer 'yes" or "no" and offer a brief explanation. Pleasedescribe any facts, data, views, arguments, or other input from small businesses,organizations or any other sources that were used to quantify the impacts outlined below.

Yes No Will small businesses have to create, file, or issue additional reports?D [gJ

Yes No Will small businesses have to implement additional recordkeeping procedures?D [gJ

Yes No Will small businesses have to provide additional administrative oversight?D [gJ

Yes No Will small businesses have to hire additional employees in order to comply with theD [gJ proposed regulation?

1


Yes No Does compliance with the regulation require small businesses to hire other professionals0 [8J (e.g. a lawyer, accountant, engineer, etc.)?

Yes No Does the regulation require small businesses to purchase a product or make any other0 [8J capital investments in order to comply with the regulation?

Yes No Are performance standards more appropriate than design standards?0 [8J

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or0 [8J other regulatory enforcement activities?

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small0 [8J businesses?

Yes No Does the regulation require small businesses to provide educational services to keep up to0 ~ date with regulatory requirements?

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts?0 ~

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts?0 [8J

Yes No Can the regulation provide for less stringent compliance or reporting requirements for0 ~ small businesses?

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or0 [8J reporting requirements for small businesses?

Yes No Can the compliance or reporting requirements be consolidated or simplified for small0 IZI businesses?

Yes No Can performance standards for small businesses replace design or operational standards?0 [8J

Yes No Are there alternative regulatory methods that would minimize the adverse impact on0 [8J small businesses?

Yes No Were any small businesses or small business organizations contacted during the0 IZI preparation of this document? If so, please describe.

2



One Ashburton Place) Room 1109Boston) MA 02108

DEVAL L. PATRICKGovernor 101 CMR 348.00

Tel.: 617-573-1600Fax: 617-573-1890www.mass.gov / eohhs

JOHN W. POLANOWlCZSecretary

NOTICE OF PUBLIC HEARING

Pursuant to the provisions of M.G.L. c.118E and in accordance with M.G.L. c. 30A, as amended, theExecutive Office of Health and Human Services (EOHHS) will hold a public hearing on Friday, March7,2014 at 10:00 a.m. at the Center for Health Information and Analysis, Two Boylston Street, s"floor, Boston, MA 02116 relative to the emergency adoption of 101 CMR 348.00: Day HabilitationProgram Services and the emergency repeal of 114.3 CMR 48.00: Day Habilitation ProgramServices. These actions are being taken in order to comply with c. 224 of the Acts of 2012, whichtransferred authority for this regulation from the Division of Health Care Finance and Policy in M.G.L.c. 118G to the Executive Office of Health and Human Services (EOHHS) in M.G.L. c. 118E. 101CMR 348.00 replaces 114.3 CMR 48.00 as the regulation governing payment rates for dayhabilitation services, and contains amendments as well.

The changes adjust current rates, effective February 1, 2014, by a cost adjustment factor (CAF). Forservices provided in community settings, rates will be increased by 9.722%, to reflect inflation fromthe last review cycle in 2010 through 2015, with 15 minute rates of $2.87 for low severity level, $3.24for moderate and $4.24 for high. For supplemental staffing assistance purchased by the Departmentof Developmental Services, a CAF of 7.505% was applied to base year 2011 costs through 2015,resulting in hourly direct care/program staff rates of $15.54, and $17.42 for credentialed staff. Forthe lower level of direct care/program staff, rates had been established within an allowable range;this has been replaced by a single rate. Payment for supplemental nursing services is included, andthe regulation refers to the Home Health Services regulation at 114.3 CMR 50.00 for applicable rates(continuous skilled nursing care, individual practitioner, weekday). All other rates will remain as is.

EOHHS is making these changes to ensure that payments are reasonable and adequate to meet thecosts that must be incurred by efficiently and economically operated providers. They are beingadopted on an emergency basis for the preservation of the public health, safety or general welfare.It is estimated that annual aggregate MassHealth expenditures will increase by $5.79 million in FY2014 and $13.88 million in FY 2015 as a result of these amendments. There is no fiscal impact oncities and towns. The amendments do not impose new costs on small businesses; the impact onsmall business providers will vary based on the volume of services provided.

Individuals that notify EOHHS of their intent to testify at the hearing will be afforded an earlieropportunity to speak. Speakers may notify EOHHS of their intention to testify at the hearing byregistering online at [email protected]. Individuals may also submit written testimonyby [email protected]. Please submit electronic testimony as an attached Worddocument or as text within the body of the email with the name of the regulation in the subject line.All submissions must include the sender's full name and address. Individuals who are unable tosubmit testimony by em ail should mail written testimony to EOHHS, c/oD. Briggs, 100 HancockStreet, 6th Floor, Quincy, MA 02171. Written testimony must be submitted by 5:00 p.m. on Monday,March 17,2014. Copies of the proposed regulation are available for inspection and/or purchase atEOHHS or viewed at EOHHS's website at www.mass.gov/eohhs/gov/laws-regs/hhs/eohhs-regulations.html. February 14, 2014




Agency Submitting Regulation: Executive Office of Health and Human Services

Subject Matter of Regulation: Day Habilitation Program Services


Statutory Authority: M.G.L. c. 118E

Other Agencies Affected: MassHealth, Department of Developmental Services


Describe the Scope and Objectives of the Regulation: 101 CMR 348.00 governs the payment rates for dayhabilitation services rendered to publicly-aided individuals. The rates set forth in 101 CMR 348.00 also apply today habilitation services governed by 130 CMR 419.000 and other comparable programs ..

Business Industry(ies) Affected by the Regulation: Providers of day habilitation program services.

Types of Businesses Included in the Industry(ies): Providers of day habilitation program services ..

Total Number of Small Businesses Included in the Regulated Industry(ies) Please see the attached guidancedocuments for assistance determining the total number of small businesses: 70

Number of Small Businesses Potentially Subject to the Proposed Regulation: 70

Effective Date Used In Cost Estimate: February I,2014

Yes No *Note: For each question, please answer 'yes" or "110" and offer a brief explanation. Pleasedescribe any facts, data, views, arguments, or other input from small businesses,organizations or any other sources that were used to quantify the impacts outlined below.

Yes No Will small businesses have to create, file, or issue additional reports?D [gI

Yes No Will small businesses have to implement additional record keeping procedures?D [gI

Yes No Will small businesses have to provide additional administrative oversight?D ~

Yes No Will small businesses have to hire additional employees in order to comply with theD [gI proposed regulation?

1


Yes No Does compliance with the regulation require small businesses to hire other professionals0 [gI (e.g. a lawyer, accountant, engineer, etc.)?

Yes No Does the regulation require small businesses to purchase a product or make any other0 [gJ capital investments in order to comply with the regulation?

Yes No Are performance standards more appropriate than design standards?0 [gI

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or0 [gI other regulatory enforcement activities?

Yes No Will the regulation have the effect of creating additional taxes and/or fees for small0 [gJ businesses?

Yes No Does the regulation require small businesses to provide educational services to keep up to0 [gI date with regulatory requirements?

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts?0 [gI

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts?0 [gI

Yes No Can the regulation provide for less stringent compliance or reporting requirements for0 [gJ small businesses?

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or0 [gI reporting requirements for small businesses?

Yes No Can the compliance or reporting requirements be consolidated or simplified for small0 [gJ businesses?

Yes No Can performance standards for small businesses replace design or operational standards?0 [gI

Yes No Are there alternative regulatory methods that would minimize the adverse impact on0 [gJ small businesses?

Yes No Were any small businesses or small business organizations contacted during the0 [gI preparation of this document? If so, please describe.

2



Office of MedicaidOne Ashburton PlaceBoston) MA 02108

MassHealth

DEVAL L. PATRICKGovernor

.JOHN W. POLANOWICZSecretary

KRISTIN L. THORNMedicaid Director

NOTICE OF PROPOSED AMENDMENT OF REGULATIONS

The Division proposes to amend its regulations under the authority of M.G.L. c. 118E, ss. 7 and12 and pursuant to M.G.L. c. 30A, s. 3. The Division describes the substance of the proposedactions as amendments to regulations found at 130 CMR 450.000. The proposed amendmentswould incorporate provisions of the Affordable Care Act and explicitly require that providerspermit the Centers for Medicare & Medicaid Services, its agents, its designated contractors, orthe MassHealth agency, to conduct unannounced on-site inspections. It would also require thatproviders cooperate with the MassHealth agency during any application, recredentialing or otherreview process, including permitting and facilitating site visits.

It is anticipated that these amendments will not go into effect before March 15, 2014.

All persons desiring to submit data, views, or arguments concerning these proposed actions maysubmit them in writing to the Medicaid Director, EOHHS, One Ashburton Place, Room 1109,Boston, Massachusetts 02108, or e-rnail them to [email protected]. E-mailedcomments should contain the sender's name, mailing address, and organization or affiliation, ifany. Comments will be accepted through Friday, March 7, 2014.

All persons desiring to review the current draft of the proposed actions may go towww.mass.gov/masshealthlproposedregs or request a copy in writing or in person from theMassHealth Publications Unit, 100 Hancock Street, 6th Floor, Quincy, Massachusetts 02171.

The Division may adopt a revised version of the proposed actions taking into account relevantcomments and any other practical alternatives that come to the Division's attention.

9Z :~ Wd 1£ NVr ~ IOZ




Agency Submitting Regulation: Division of Medical Assistance (MassHealth)

Subject Matter of Regulation: Amendment to the All Provider Regulations pertaining to Provider Eligibility:Eligibility Criteria (Site Visits).


Statutory Authority: M.G.L. c. 118E, §§ 7 and 12

Other Agencies Affected: None


Describe the Scope and Objectives of the Regulation: Section 6401 of the Affordable Care Act (ACA) requiressite visits for provider types designated as moderate or high risk for fraud or abuse by The Centers for Medicare &Medicaid Services (CMS), or a state Medicaid agency, unless they have already been screened by Medicare oranother state Medicaid agency. CMS issued a final rule for the implementation of this section on February 2, 2011(42 CRF 455.432). Sub-regulatory guidance was issued December 23,2011.

Therefore, MassHealth will need to do site visits for all Medicaid only provider types designated as moderate orhigh risk and for those provider types designated as moderate or high risk where Medicare enrollment is notrequired by MassHealth and the provider is not enrolled in Medicare.

Business Industry(ies) Affected by the Regulation: Health Care Sector

Types of Businesses Included in the Industry(ies): MassHealth participating provider types: Chair-car, Durable MedicalEquipment, Oxygen, Respitory , Orthodics, Group Adult Foster Care, Adult Foster Care, and Physical Therapists providers.

1


Total Number of Small Businesses Included in the Regulated Industry(ies): 333 prospective providers basedon historical enrollment.

Number of Small Businesses Potentially Subject to the Proposed Regulation: 1495 estimated existingenrollments.

Effective Date Used In Cost Estimate: October 1,2013.

Yes No *Note: For each question, please answer 'yes" or "no" and offer a brief explanation. Pleasedescribe any facts, data, views, arguments, or other input from small businesses,organizations or any other sources that were used to quantify the impacts outlined below.

Yes No Will small businesses have to create, file, or issue additional reports?

0 ~

Yes No Will small businesses have to implement additional record keeping procedures?

0 ~

Yes No Will small businesses have to provide additional administrative oversight?

0 ~

Yes No Will small businesses have to hire additional employees in order to comply with the

0 ~proposed regulation?

Yes No Does compliance with the regulation require small businesses to hire other professionals

0 ~(e.g. a lawyer, accountant, engineer, etc.)?

Yes No Does the regulation require small businesses to purchase a product or make any other

0 ~capital investments in order to comply with the regulation?

Yes No Are performance standards more appropriate than design standards?

0 ~

Yes No Does the regulation require small businesses to cooperate with audits, inspections, or

~ 0other regulatory enforcement activities?

This regulation will require unannounced visits by MassHealth's site visit coordinators.

2


Yes No Will the regulation have the effect of creating additional taxes and/or fees for small

0 [8Jbusinesses?

Yes No Does the regulation require small businesses to provide educational services to keep up to

0 [8Jdate with regulatory requirements?

Yes No Is the regulation likely to deter the formation of small businesses in Massachusetts?

0 [8J

Yes No Is the regulation likely to encourage the formation of small businesses in Massachusetts?

0 [8J

Yes No Can the regulation provide for less stringent compliance or reporting requirements for

0 [8Jsmall businesses?

Yes No Can the regulation establish less stringent schedules or deadlines for compliance or

0 [8Jreporting requirements for small businesses?

Yes No Can the compliance or reporting requirements be consolidated or simplified for small

0 [8Jbusinesses?

Yes No Can performance standards for small businesses replace design or operational standards?

0 [8J

Yes No Are there alternative regulatory methods that would minimize the adverse impact on

0 [8Jsmall businesses?

Yes No Were any small businesses or small business organizations contacted during the

0 [8Jpreparation of this document? If so, please describe.

3


47

2014CUMULATIVE TABLE TO

THE MASSACHUSETTS REGISTER1251 - 1254

The cumulative Table lists all regulations and amendments thereto published in the MassachusettsRegister during the current year. The Table is published in each Register.

State agencies are listed in the Table as they appear in the Code of Massachusetts Regulations (CMR orCode) in CMR numerical order which is based on the cabinet structure. For example, all Human Serviceagencies are prefaced by the number “1" and are designated as 101 CMR through 130 CMR.

The Cumulative Tables published in the last issue of previous years will have a listing of all regulationspublished for that year. These Registers are:

April 6, 1976 - 1977 Register: # 88 Date: 1997 Register: # 833

1978 138 1998 859

1979 193 1999 885

1980 241 2000 911

1981 292 2001 937

1982 344 2002 963

1983 396 2003 989

1984 448 2004 1016

1985 500 2005 1042

1986 546 2006 1068

1987 572 2007 1094

1988 598 2008 1120

1989 624 2009 1146

1990 650 2010 1172

1991 676 2011 1198

1992 702 2012 1124

1993 729 2013 1250

1994 755

1995 871

1996 Supp. # 2 807

Effective Issue Date

101 CMR Executive Office for Health and Human Services

206.00 Standard Payments to Nursing Facilities - Emergency Re-file(MA Reg. # 1245) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1252 9/27/13



48

346.00 Rates for Certain Substance Abuse Disorder Programs - Emergency Re-file (MA Reg. # 1241) . . . . . . . . . . . . . . . . . . . . . . . 1254 8/2/13

348.00 Day Habilitation Program Services - Emergency . . . . . . . . . . . . . . . . 1254 2/1/14614.00 Health Safety Net Payments and Funding - Emergency Re-file

(MA Reg. # 1245) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1252 10/1/13


30.00 Fiscal Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1254 2/14/14


140.000 Licensure of Clinics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/14

107 CMR Massachusetts Rehabilitation Commission

14.00 Criminal Offender Record Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14

110 CMR Department of Children and Families

10.00 Fair Hearings and Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14

114 CMR Division of Health Care Finance and Policy

114.348.00 Day Habilitation Program Services - Emergency . . . . . . . . . . . . . . . . 1254 2/1/1449.00 Rates for Early Intervention Program Services - Emergency . . . . . . . 1252 12/20/13114.614.00 Health Safety Net Payments and Funding - Emergency Re-file

(MA Reg. # 1246) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1252 10/1/13

119 CMR Soldiers’ Home in Holyoke

1.00 Criminal Offender Record Checks . . . . . . . . . . . . . . . . . . . . . . . . . . . 1252 1/17/14

130 CMR Division of Medical Assistance

403.000 Home Health Agency Services - Correction (MA Reg. # 1247) . . . . . 1253 11/8/13414.000 Independent Nurse Services - Correction (MA Reg. # 1247) . . . . . . . 1253 11/8/13

205 CMR Massachusetts Gaming Commission

3.00 Harness Horse Racing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/144.00 Horse Racing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14

101.00 M.G.L. c. 23K Adjudicatory Proceedings . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14102.00 Construction and Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14112.00 Required Information and Applicant Cooperation . . . . . . . . . . . . . . . 1253 1/31/14134.00 Licensing and Registration of Employees, Vendors, Junket

Enterprises and Representatives, and Labor Organizations . . . . . . . . 1253 1/31/14



49

250 CMR Board of Registration of Professional Engineers and Land Surveyors

6.00 Land Surveying Procedures and Standards - Correction (MA Reg. # 1248) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 11/22/13

264 CMR Board of Registration of Real Estate Appraisers

1.00 Disciplinary Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/142.00 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/144.00 Renewal Procedures and Continuing Education Requirements . . . . . 1251 1/3/146.00 Practice of Real Estate Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/14

310 CMR Department of Environmental Protection

15.00 The State Environmental Code, Title 5: Standard Requirements for the Siting, Inspection, Upgrade, and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/14- Correction (MA Reg. # 1251) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1254 1/3/14

19.000 Solid Waste Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1254 2/14/14

314 CMR Division of Water Pollution Control

2.00 Permit Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/14

321 CMR Division of Fisheries and Wildlife

2.00 Miscellaneous Regulations Relating to Fisheries and Wildlife . . . . . . 1251 1/3/149.00 Exotic Wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/14

- Correction (MA Reg. # 1251) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/3/14

527 CMR Board of Fire Prevention Regulations

6.00 Liquified Petroleum Gas Containers and Systems - Emergency . . . . . 1251 12/20/13

603 CMR Department of Elementary and Secondary Education

7.00 Educator Licensure and Preparation Program Approval . . . . . . . . . . . 1254 2/14/1435.00 Evaluation of Educators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/1451.00 Criminal History Checks for School Employees . . . . . . . . . . . . . . . . . 1251 1/3/14

606 CMR Department of Early Education and Care

14.00 Criminal Offender and Other Background Record Checks - Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 12/12/13

700 CMR Massachusetts Department of Transportation

8.00 Permitting, Operation, and Transport of Overdimensional Loads and Certain Vehicle Trailer Combinations on Certain Massachusetts Department of Transportation Roadways . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14



50

720 CMR Department of Highways

7.00 Department of Highways Policy for Permitting Operation on StateHighways of Vehicles With Overweight Reducible Loads and forPermitting of Certain Vehicle Trailer Combination to TransportReducible Loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14

780 CMR Board of Building Regulations and Standards

16.00 Structural Design - Correction (MA Reg. # 1249) . . . . . . . . . . . . . . . 1253 12/6/1335.00 Referenced Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/1451.00 Massachusetts Residential Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14

801 CMR Executive Office for Administration and Finance

4.00 Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14

51.00 Generating New State Tax Revenues and Local Tax Revenues by Stimulating Sustainable Economic Development Through Infrastructure Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1254 2/14/14

807 CMR Teachers’ Retirement Board

23.00 Effective Date of Service Purchase Interest Rate - Emergency . . . . . . 1251 12/20/13

815 CMR Comptroller’s Division

9.00 Debt Collection and Intercept - Emergency Re-file (MA Reg. # 1241) 1253 8/2/13

930 CMR State Ethics Commission

6.00 Exemptions Unrelated to Gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/31/14

940 CMR Office of the Attorney General

14.00 Compensation of Victims of Violent Crimes . . . . . . . . . . . . . . . . . . . 1252 1/17/14

950 CMR Office of the Secretary of the Commonwealth

12.00 Registration of Broker-dealer, Agents, Investment Adviser, Investment Adviser Representatives and Notice Filing Procedures for Federal Covered Advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/14

956 CMR Commonwealth Health Insurance Connector Authority

8.00 Student Health Insurance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . 1251 1/3/1412.00 Eligibility, Enrollment and Hearing Process for ConnectorCare . . . . 1251 1/3/14

961 CMR State Lottery Commission

2.00 Rules and Regulations - Compliance (MA Reg. # 1247) . . . . . . . . . . 1251 10/19/13 - Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1253 1/19/14


Regulation Filing To be completed by filing agency

CHAPTER NUMBER:

CHAPTER TITLE:

AGENCY:

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation.

REGULATORY AUTHORITY:

AGENCY CONTACT: PHONE:

ADDRESS:

Compliance with M.G.L. c. 30A

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency.

PRIOR NOTIFICATION AND/OR APPROVAL - If prior notification to and/or approval of the Governor,Legislature or others was required, list each notification, and/or approval and date, including notice to the Local

Government Advisory Commission.

PUBLIC REVIEW - M.G.L. c. 30A sections 2 and/or 3 requires notice of the hearing or comment period,including a small business impact statement, be filed with the Secretary of the Commonwealth, published in

appropriate newspapers, and sent to persons to whom specific notice must be given at least 21 days prior to

such hearing or comment period.

Date of public hearing or comment period:


William Francis GalvinSecretary of the Commonwealth

Executive Office for Health and Human Services

101 CMR 346.00

Rates for Certain Substance Use Disorder Programs

Section 154 of Chapter 38 of the Acts of 2013 mandates the expansion of inpatient services, including

ongoing Case Management, for individuals who are civilly committed under Section 35 of Chapter 123

of the M.G.L. Funding is available to DPH for these services, with an expectation that they would

begin in FY2014. Not all of the service rates have been established. For this reason, the amendments

that add the Case Management services are recommended for adoption on an emergency basis.

M.G.L. c. 118E and 12C

Sherri Miles 617-847-3307

MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171

Expansion of inpatient services, including Case Management, has been mandated for certain

individuals. Funding is available to DPH for these services, beginning in FY2014. Not all services

have rates established, therefore, these amendments are being adopted on an emergency basis.

Executive Order 485: July 29, 2013

Executive Office of Communities and Development: August 2, 2013

Massachusetts Municipal Association: August 2, 2013

September 17, 2013

Docket # 61


FISCAL EFFECT - Estimate the fiscal effect of the public and private sectors.

For the first and second year:

For the first five years:

No fiscal effect:

SMALL BUSINESS IMPACT - M.G.L. c. 30A section 5 requires each agency to file an amended smallbusiness impact statement with the Secretary of the Commonwealth prior to the adoption of a proposed

regulation. If the purpose of this regulation is to set rates for the state, this section does not apply.

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation:

PROMULGATION - State the action taken by this regulation and its effect on existing provisions of the Codeof Massachusetts Regulations (CMR) or repeal, replace or amend. List by CMR number:

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation

SIGNATURE: DATE:

Publication - To be completed by the Regulations Division

MASSACHUSETTS REGISTER NUMBER: DATE:

EFFECTIVE DATE:

CODE OF MASSACHUSETTS REGULATIONS

Remove these pages: Insert these pages:

SIGNATURE ON FILE

adopted by this agency. ATTEST:

1254 02/14/2014

01/31/2014 mrs

08/02/2013

Jan 31 2014

FY 14 & 15 Est. state expenditures inc. $947,000

Est. state expenditures will inc. by $947,000 yr.

n/a

This amends 101 CMR 346.00 by revising sections 101 CMR 346.01, 101 CMR 346.02, and 101 CMR

346.04.

This is an emergency

regulation.

There are no replacement

pages.

Date amended small business impact statement was filed:


101 CMR: EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

2/14/14 (Effective 8/2/13) 901 EMERGENCY

101 CMR 346.00: RATES FOR CERTAIN SUBSTANCE USE DISORDER PROGRAMS

Section

346.01: General Provisions346.02: Definitions346.03: Filing and Reporting Requirements346.04: Rate Provisions346.05: Severability

346.01: General Provisions

(1) Scope. 101 CMR 346.00 governs rates of payment to be used by all Governmental Unitsmaking payment to Eligible Providers of certain substance use disorder services to PubliclyAssisted Clients. The rates for health care services set forth in 101 CMR 346.00 also apply toindividuals covered by the Workers' Compensation Act, M.G.L. c. 152.

(2) Disclaimer of Authorization of Services. 101 CMR 346.00 is neither authorization for norapproval of the substantive services for which rates are determined pursuant to 101 CMR 346.00.Governmental Units that purchase services from Eligible Providers are responsible for thedefinition, authorization, and approval of services extended to Publicly Assisted Clients.

(3) Effective Date. 101 CMR 346.00 shall be effective for services rendered on and afterSeptember 1, 2012. The rates for Clinical Case Management shall be effective pursuant tocontracts executed under Department of Public Health procurements.

(4) Coding Updates and Corrections. EOHHS may publish procedure code updates andcorrections in the form of an administrative bulletin. The publication of such updates andcorrections will list:

(a) codes for which only the code numbers change, with the corresponding cross referencesbetween existing and new codes;(b) deleted codes for which there are no corresponding new codes; and(c) codes for entirely new services that require pricing. EOHHS will list these codes andapply individual consideration (I.C.) reimbursement for these codes until appropriate ratescan be developed.

(5) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policyon and understanding of substantive provisions of 101 CMR 346.00.

(6) Authority. 101 CMR 346.00 is adopted pursuant to M.G.L. c. 118E.

346.02: Definitions

Meaning of Terms. As used in 101 CMR 346.00, unless the context requires otherwise, termsshall have the meanings ascribed in 101 CMR 346.02.

Acute Treatment Services (Inpatient). Those medically managed and/or monitored acuteintervention and stabilization services that provide supervised detoxification to individuals inacute withdrawal from alcohol or other drugs and address the biopsychosocial problemsassociated with alcoholism and other drug addictions requiring a 24-hour supervised inpatientstay.

Approved Program Rate. The rate per service unit approved by EOHHS and filed with theSecretary of the Commonwealth.

Case Consultation. A meeting with a professional of another agency to resolve treatment issuesor to exchange other relevant client information. Case consultation may be billed only for face-to-face meetings that are necessary as a result of the inability or inappropriateness of other formsof communication, such as telephone and letter. Such circumstances and services must bedocumented in the client's record and be available as part of any record audit that the purchasingagency may perform.




346.02: continued

Case Management. Services, as specified by the MassHealth program, which coordinate thesubstance use disorder treatment of pregnant women with other medical and community servicesthat are critical to the needs of the woman and her pregnancy. Case Management is billable onlyfor women enrolled in the Day Treatment Program. Service is limited to one hour per week perenrollee, provided in no less than 15-minute increments.

Center. The Center for Health Information and Analysis established under M.G.L. c. 12C.

Client Resources. Revenue received in cash or in kind from Publicly Assisted Clients to defrayall or a portion of the cost of program services. Client resources may include payments madeby Publicly Assisted Clients to defray the room and board expense of residential services, clients'food stamps, or payments made by clients according to ability to pay or sliding fee scale.

Clients. Recipients of service units within a program.

Clinical Case Management. Individualized case management provided as part of a clinicaloutpatient service that facilitate ongoing engagement in community-based treatment and recoveryservices; link to community resources such as housing, employment, education and health care;facilitates access to mainstream benefits and includes evidence-based models that integrateclinical treatment and case management services.

Clinically Managed Detoxification Services. Medical assessment, intensive counseling, and casemanagement services to clients who are not intoxicated or have been safely withdrawn fromalcohol or other drugs or are addicted to a drug that does not require medical withdrawal. Theseclients require a 24-hour supervised inpatient stay to address the acute emotional, behavioral, orbiomedical distress resulting from an individual's use of alcohol or other drugs. This level ofservice includes four hours of nursing service seven days per week. These services are governedby the Massachusetts Department of Public Health regulation 105 CMR 164.133: Provision ofServices(A)(1)(c).

Cost Report. The document used to report costs and other financial and statistical data. TheUniform Financial Statements and Independent Auditor's Report (UFR) are used when required.

Couple Counseling. Therapeutic counseling provided to a couple whose primary complaint orconcern is disruption of their relationship or family due to substance use disorder.

Day Treatment. A highly structured substance use disorder treatment day program that meetsthe service criteria set forth by the Massachusetts Department of Public Health pursuant to105 CMR 164.231: Day Treatment, 164.232: Provision of Services(A), (B) and (C) andMassHealth. A Day Treatment Program operates at least three and one half hours per day, fivedays per week.

Driver Alcohol Education. The program of services, provided through licensed outpatientsubstance use disorder counseling programs, legislated by M.G.L. c. 90, § 24D to first offenderdrunk drivers adjudicated in Massachusetts courts.

Driver Alcohol Education Residential. The program of services described in M.G.L. c. 90, § 24and provided though licensed residential counseling programs to second offender drunk driversadjudicated in Massachusetts courts.

Educational/Motivational Session. A meeting between staff of a Driver Alcohol EducationProgram and not more than 12 clients. Clients are required to participate in 32 hours of thisinteractive group programming either in 16 two-hour groups or 21 90-minute groups.

Eligible Provider. Any individual, group, partnership, trust, corporation, or other legal entity thatoffers services for purchase by a Governmental Unit and that meets the conditions of purchaseor licensure that have been or may be adopted by a purchasing Governmental Unit.




346.02: continued

Enhanced Acute Treatment Services. A program to detoxify pregnant women from alcohol ordrugs that involves special medical protocols to address the needs of pregnancy and that includesother medical and support components to ensure quality of both substance use disorder treatmentand obstetrical care.

EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.

Established Charge. The lowest fee that is charged or accepted as payment by the EligibleProvider to the general public or any third party payer, other than a Governmental Unit, for theprovision of services. Fees based upon the client's ability to pay, as in the case of a sliding feescale, and fees subject to EOHHS review and approval are not deemed to be established charges.

Family Counseling. The therapeutic counseling of more than one member of a family at thesame time in the same session, where the primary complaint or concern is disruption of thefamily due to substance use disorder.

Governmental Unit. The Commonwealth, any board, commission, department, division, oragency of the Commonwealth and any political subdivision of the Commonwealth.

Group Counseling. Therapeutic counseling to an unrelated group of people having a commonproblem or concern that is associated with substance use disorder.

Individual Assessment Session. A meeting between staff of a Driver Alcohol Education Programand an individual client to explore the client's drinking habits and to place the client in theappropriate educational track in the group programs.

Individual Counseling. A therapeutic meeting between an individual whose primary complaintor concern is substance use disorder in him or herself or a significant other, and the staff of anEligible Provider.

Medical Services Visit. A medical services visit to an opioid treatment program includesmedical assessment, medical case management, and dispensing of medication to opiate addictedindividuals who require support of opioid substitution therapy, as noted in the Department ofPublic Health's standard RFR program description of Opioid Treatment Programs and pursuantto 105 CMR 164.302: Provision of Services – All Opioid Treatment Programs and164.303: Additional Service Requirements for Opioid Detoxification.

Medically Monitored Inpatient Detoxification Services. Acute detoxification and relatedtreatment services provided to individuals whose current or potential withdrawal symptomsconstitute a risk to the patient's health and well-being and require medical monitoring. Theseservices are governed by the Massachusetts Department of Public Health regulation 105 CMR164.133: Provision of Services(A)(1)(b).

Operating Agency. An individual, group partnership, corporation, trust, or other legal entity thatoperates a program.

Opioid Treatment. Opioid treatment offers medically monitored treatment services for opiate-addicted clients and combines medical and pharmacological interventions with professionalcounseling, education, and vocational services. Services are offered on both a short-term(detoxification) and long-term (treatment) basis. Any individuals who are addicted to opiatedrugs and are medically screened as appropriate are eligible.

P4P Eligible Provider (P4PEP). An Eligible Provider that provides a P4P Eligible Service.

P4P Eligible Service. A substance use disorder treatment class of services, such as TransitionalSupport Services or Acute Treatment Services, that has been identified by the PurchasingGovernmental Unit as eligible for participation in a P4P program.




346.02: continued

Pay for Performance (P4P). A value-based purchasing program implemented by a PurchasingGovernmental Unit to pay providers to perform activities related to improving the quality of caredelivered to clients.

Publicly Assisted Client. A person who receives program services for which a GovernmentalUnit is liable, in whole or in part, under a statutory program of financial assistance.

Purchasing Governmental Unit. A Governmental Unit that has purchased or is purchasingservice units from an Eligible Provider.

Related Party. A person or organization that is associated or affiliated with, has control of, oris controlled by the operating agency or any director, stockholder, partner, or administrator ofthe operating agency by common ownership or control or in a manner specified in §§ 267(b) and(c) of the Internal Revenue Code of 1954 as amended, provided, however, that 10% is theoperative factor as set out in §§ 267(b)(2) and (3) and provided further that the definition of"family members" found in § 267(c)(4) of said code includes for the purpose of 101 CMR346.00:

(a) husband and wife;(b) natural parent, child, and sibling;(c) adopted child and adoptive parent;(d) stepparent and stepchild;(e) father in law, mother in law, sister in law, brother in law, son in law, and daughter inlaw; and(f) grandparent and grandchild.

Reporting Year. The Operating Agency's fiscal year for which costs incurred are reported to theOperational Services Division on the Uniform Financial Statements and Independent Auditor'sReport (UFR), normally July 1 to June 30 .st th

Residential Rehabilitation. The program of services defined as organized substance use disordertreatment and education services featuring a planned program of care in a 24-hour residentialsetting. These services are provided to clients who require safe and stable living environmentsin order to develop their recovery skills. Types of residential rehabilitation services are thosedesigned for adult individuals, adults with their families, adolescents, and driving under theinfluence second offenders pursuant to Massachusetts Department of Public Health regulation105 CMR 164.000: Licensure of Substance Abuse Treatment Programs.

Substance Use Disorder Outpatient Counseling. The services defined in the MassachusettsDepartment of Public Health Regulation 105 CMR 164.200: Outpatient Services.

Transitional Support Services. Residential case management services provided to bridge the gapbetween detoxification and residential rehabilitation and/or community ambulatory aftercareservices. This level of service includes four hours of nursing service seven days per week.

Transitional Support Services with Special Programming for Women. Residential casemanagement services provided to bridge the gap between detoxification and residentialrehabilitation and/or community ambulatory aftercare services, which services focus on theunique needs of women; are structured in a smaller residential setting (16 versus 36 beds); andoffer more intensive services (more counseling and smaller staff/client ratio).

Treatment for Civilly Committed Persons Add-on. Enhanced level of care includestransportation, extra medical, psychiatric, recovery specialist care, family counseling, andadditional administrative staff for the intake for all civilly committed persons in theCommonwealth. May be purchased in addition to Medically Monitored Detoxification Services,Clinically Managed Detoxification Services and Transitional Support Services for individualswho have been civilly committed by a district court of the Commonwealth, under M.G.L. c. 123,§ 35.




346.03: Filing and Reporting Requirements

(1) Reporting for Annual Review. Unless exempted in 101 CMR 346.03, each operatingagency shall on or before the 15 day of the fifth month after the end of its fiscal year, submitth

to the Center:(a) a copy of its Uniform Financial Statement and Independent Auditor's report completedin accordance with the filing requirements of the Operational Services Division, ExecutiveOffice for Administration and Finance.(b) supplemental program questionnaire, if requested by the Center.

(2) Penalties.(a) Reduction of Approved Rate. An Operating Agency's Approved Rate may be reducedby 25% of the Approved Rate for the number of late days, subject to the approval of thepurchasing Governmental Unit. Late days shall be defined as the total number of daysbetween the Operating Agency's due date for filing a completed Cost Report package asdefined in 101 CMR 346.03(1) and the date the Operating Agency's completed Cost Reportpackage as defined in 101 CMR 346.03(1) is received by the Center.(b) Additional Information Requested by the Center. Each Operating Agency shall file suchadditional information as the Center may require no later than 21 days after the date ofmailing of that written request. If the Center's request for the missing information and/ordocumentation is not fully satisfied through the submission of written explanation(s) and/ordocumentation within 21 days of the mailing of that request, all costs relative to that requestshall be excluded from rate development by EOHHS.

(3) General Provisions.(a) Accurate Data. All reports, schedules, additional information, books, and records thatare filed or made available to the Center shall be certified under pains and penalties ofperjury as true, correct and accurate by the Executive Director or Chief Financial Officer ofthe Operating Agency.(b) Examination of Records. Each Operating Agency shall make available all recordsrelating to its operation and all records relating to a realty service or related party or holdingcompany or any entity in which there may be a common ownership or interrelated directorateupon request of the Center for examination.(c) Field Audits. The Center may from time to time conduct a field audit. The Center shallmake reasonable attempts to schedule an audit at the mutual convenience of both parties.

346.04: Rate Provisions

(1) Services Included in the Rate. The approved rate shall include payment for all care andservices that are part of the program of services of an Eligible Provider, as explicitly set forth inthe terms of the purchase agreement between the Eligible Provider and the purchasingGovernmental Unit(s).

(2) Rates as Full Payment. Each Eligible Provider shall, as a condition of acceptance ofpayment made by any purchasing Governmental Units for services rendered, accept the approvedprogram rate as full payment and discharge of all obligations for the services rendered. Paymentfrom any other sources shall be used to offset the amount of the purchasing Governmental Unit'sobligation for services rendered to the Publicly Assisted Client.

(3) Payment Limitations. No purchasing Governmental Unit may pay less than or more thanthe approved program rate except as provided in 101 CMR 346.04(2) and (5).

(4) Approved Program Rates. The rate of payment for authorized services shall be the lowerof the established charge or rate listed below. Refer to purchasers' manuals for special codinginstructions and limitations on number of units.

Code Rate Description

Inpatient ServicesH0010 $183.44 Alcohol and/or drug services; sub-acute detoxification (residential addiction program

inpatient)(Clinically Managed Detoxification Services)




346.03: continued

Code Rate Description (continued)

Inpatient ServicesH0011 $286.83 Alcohol and/or drug services; acute detoxification (Medically Monitored Inpatient

Detoxification Services)(Facility with 37 or fewer licensed beds)H0011 $258.58 Alcohol and/or drug services; acute detoxification (Medically Monitored Inpatient

Detoxification Services)(Facility with more than 37 licensed beds)H0011-H9 $34.09 Alcohol and/or drug services; acute detoxification (Treatment for Civilly-committed

Persons Add-on)

Residential ServicesH0018 $131.04 Behavioral health; short-term residential (nonhospital residential treatment program),

without room and board, per diem (includes room and board) (Transitional SupportServices)

H0018-HK $131.40 Behavioral health; short-term residential (nonhospital residential treatment program),without room and board, per diem (includes room and board) (Transitional SupportServices with Special Programming for Women)

H0018-H9 $75.00 Behavioral health; short-term residential (nonhospital residential treatment program),without room and board, per diem (includes room and board) (Driver AlcoholEducation Residential)

H2034 $75.00 Alcohol and/or drug use halfway house services, per diem (ResidentialRehabilitation)

Opioid Treatment ServicesMedical Services VisitH0020 $10.21 Alcohol and/or drug services; methadone administration and/or service (provision of

the drug by a licensed program); (dose only visit)CounselingH0020-TF $27.59 Alcohol and/or drug services; methadone administration and/or service (provision of

the drug by a licensed program); (intermediate level of care); (individual, per 30minute unit, two units maximum per session)

H0020-HR $33.12 Alcohol and/or drug services; methadone administration and/or service (provision ofthe drug by a licensed program); (family/couple with client present, per 30 minuteunit, two units maximum per session)

H0020-HQ $10.74 Alcohol and/or drug services; methadone administration and/or service (provision ofthe drug by a licensed program); (group setting); (per 45 minute unit, two unitsmaximum per session)

Ambulatory Services Outpatient Counseling90882-HF $27.59 Environmental intervention for medical management purposes on a psychiatric

patient's behalf with agencies, employers, or institutions; (substance use disorderprogram) (per 30 minute unit, two units maximum per session) (case consultation)

H0001 $13.79 Alcohol and/or drug assessment (per 15 minute unit, four units maximum per session)H0004 $13.79 Behavioral health counseling and therapy, per 15 minutes; (individual counseling,

four units maximum per session)H0005 $10.74 Alcohol and/or drug services; group counseling by a clinician; (per 45 minute unit,

two units maximum per session)T1006 $33.12 Alcohol and/or substance use disorder services; family/couple counseling (per 30

minute unit, two units maximum per session)Clinical Case ManagementH0006-HO $17.80 Clinical Case Management - Master's level per 15 minutesH0006-HN $12.83 Clinical Case Management - Non-master's level per 15 minutes

Driver Alcohol EducationH0001-H9 $13.79 Alcohol and/or drug assessment (court-ordered) (per 15 minute unit, six units

maximum per session)H0004-H9 $13.79 Behavioral health counseling and therapy, per 15 minutes (court-ordered);

(individual, six units maximum per session)H0005-H9 $7.16 Alcohol and/or drug services; group counseling by a clinician (court-ordered); (per

30 minute unit, four units maximum per session)




346.03: continued

Code Rate Description (continued)

Day TreatmentH2012-HF $14.91 Behavioral health day treatment, per hour (substance use disorder program); (3.5

hours per day)

Services for Pregnant/Postpartum ClientsInpatient ServicesH0011-HD $305.55 Alcohol and/or drug services; acute detoxification; (Medically Monitored Inpatient

Detoxification Services; pregnant/parenting women's program; Facility with 37 orfewer licensed beds)

H0011-HD $277.30 Alcohol and/or drug services; acute detoxification; (Medically Monitored InpatientDetoxification Services; pregnant/parenting women's program; Facility with morethan 37 licensed beds)

Outpatient ServicesH0004-HD $13.79 Behavioral health counseling and therapy, per 15 minutes; (pregnant/parent women's

program) (individual counseling, four units maximum per session)H0005-HD $10.74 Alcohol and/or drug services; group counseling by a clinician; (pregnant/parenting

women's program); (per 45 minute unit, two units maximum per session)H0006-HD $8.00 Alcohol and/or drug services; case management (pregnant/parenting women's

program); (per 15 minute unit, four units maximum per day)T1006-HD $33.12 Alcohol and/or substance use disorder services; family/couple counseling

(pregnant/parenting women's program); (per 30 minute unit, two units maximum)Day TreatmentH1005 $55.17 Prenatal care, at-risk enhanced service package (includes H1001-H1004) (prenatal

care, at risk enhanced service, antepartum management, care coordination, education,follow-up home visit) (individual counseling, one hour unit, one unit maximum perday)

H1005-HQ $59.64 Prenatal care, at-risk enhanced service package (includes H1001-H1004) (prenatalcare, at risk enhanced service, antepartum management, care coordination, education,follow-up home visit) (group setting); (per four hour unit, one unit maximum perday)

(5) Pay for Performance (P4P) Incentive Payments. Subject to a Purchasing GovernmentalUnit's determination of the availability of funds, P4P Eligible Providers receive incentivepayments through the Pay for Performance (P4P) Program as defined by the purchasinggovernmental unit and as follows:

(a) Performance Indicators.1. Each performance indicator is calculated to produce aggregate numbers that will beused to establish baseline information, attainment thresholds and performancebenchmarks, relative to the distribution of P4P Eligible Providers. Performance indicatorrates are calculated by dividing the numerator by the denominator for each measure toobtain a percentage. A measure's denominator is the number of clients served by a P4PEligible Provider who are eligible for the performance measure and the numerator is thesubset of the denominator who meets the measure's specific performance criteria.2. Payment Eligibility. To be eligible for payment for a Performance Indicator a P4PEligible Providers must:

a. be an Eligible Provider as of a certain date, the date to be established by thePurchasing Governmental Unit on an annual basis; and b. have a minimum number (minimum to be established by the PurchasingGovernmental Unit) of clients who must meet specific Performance Indicator criteriaduring the date range for which performance is being measured.

3. Performance Score. For each Performance Indicator for which the P4P EligibleProvider is eligible per 101 CMR 346.04(5)(a), P4P Eligible Providers will earn pointsfor either achieving a benchmark or for improving their performance over their previousyear's performance. Points will be awarded to a P4P Eligible Provider for each indicator,according to the methodologies noted below:



2/15/13 101 CMR - 908

346.04: continued

a. Attainment Points. P4P Eligible Providers may earn points based on where theP4P Eligible Provider’s performance falls, relative to the attainment threshold andto the benchmark set for each Performance Indicator. The attainment threshold is setat the median of all P4P Eligible Providers’ performance rates. The benchmark is setat the 75 percentile of all P4P Eligible Providers' performance rates. P4P Eligibleth

Providers will receive attainment points between the range of zero and ten for eachPerformance Indicator, as noted in 101 CMR 346.04(5)(a)3.a.i. through iii.:

i. If a P4P Eligible Provider’s performance rate is below the attainmentthreshold, it will receive zero attainment points.ii. If a P4P Eligible Provider’s performance rate is greater than or equal to thebenchmark it will receive ten attainment points.iii. If a P4P Eligible Provider’s performance rate is below the benchmark, butat or above the attainment threshold, the P4P Eligible Provider will receiveanywhere from one to up to but less than ten attainment points, as calculatedusing the following formula:

P4P Eligible Provider's Attainment Points =

b. Improvement Points. P4P Eligible Providers may earn improvement points if theP4P Eligible Provider has demonstrated improvement from its previous year'sperformance rate. The P4P Eligible Provider's improvement points will be calculatedbased on the following formula:

P4P Eligible Provider's Improvement Points =

c. P4P Eligible Provider Awarded Points. For each Performance Indicator, theawarded points are the higher of the attainment or improvement points earned by theP4P Eligible Provider. In no event will the number of points awarded exceed ten foreach Performance Indicator. Each Performance Indicator's awarded points are thensummed across all the indicators a P4P Eligible Provider is eligible for to determinethe total awarded points for a P4P Eligible Provider.

P4P Eligible Provider's Awarded Points = (Points Awarded Indicator1) + (Points AwardedIndicator 2) +

………(Points Awarded Indicator N)

d. P4P Eligible Provider Potential Points. The total potential points for a P4PEligible Provider is determined by multiplying the number of Performance Indicatorsthe P4P Eligible Provider is eligible for (see 101 CMR 346.04(5)(a)) by themaximum number of points per Performance Indicator (ten).

Potential Points = (Number of Performance Indicators for which a P4P Eligible Provider isEligible) X 10

e. P4P Eligible Provider Performance Score. The P4P Eligible Provider'sperformance score reflects a percentage between 0% and 100%. The P4P EligibleProvider awarded points is divided by the P4P Eligible Provider potential points toobtain the P4P Eligible Provider performance score based on the following formula.

P4P Eligible Provider Performance Score = (P4P Eligible Provider Awarded Points) / (P4PEligible Provider Potential Points)



CHAPTER NUMBER:

CHAPTER TITLE:

AGENCY:




ADDRESS:











Executive Office for Health and Human Services

101 CMR 348.00

Day Habilitation Program Services

101 CMR 348.00 governs payments for medical services provided to publicly assisted patients. These

actions are being taken in order to comply with c. 224 of the Acts of 2012, which transferred authority

for this regulation from the Division of Health Care Finance and Policy in M.G.L. c. 118G to the

Executive Office of Health and Human Services (EOHHS) in M.G.L. c. 118E. 101 CMR 348.00 replaces

114.3 CMR 48.00 as the regulation governing payment rates for day hab services rendered to publicly

aided individuals, and contains amendments as well. Amendments effective for dates of service on or

after February 1, 2014.

M.G.L. c. 118E, M.G.L. c. 12C

Deborah M. Briggs 617-847-3302

100 Hancock Street, 6th Floor, Quincy, MA 02171

These regulations are being adopted on an emergency basis for the preservation of the public health,

safety, or general welfare.

EO 485: 1/31/14

n/a

Docket # 71





No fiscal effect:






SIGNATURE: DATE:



EFFECTIVE DATE:



SIGNATURE ON FILE


1254 02/14/2014

01/31/2014 mrs

02/01/2014

Jan 29 2014

Increase $5.79M (FY'14) and $13.88M (FY'15)

n/a

101 CMR 348.00 is being adopted.


regulation.


pages.




2/14/14 (Effective 2/1/14) 910.1 EMERGENCY

(101 CMR 347.00: RESERVED)




NON-TEXT PAGE




101 CMR 348.00 DAY HABILITATION PROGRAM SERVICES

Section

348.01: General Provisions348.02: General Definitions348.03: General Rate Provisions348.04: Filing and Reporting Requirements348.05: Severability


(1) Scope, Purpose and Effective Date. 101 CMR 348.00 governs the payment rates for dayhabilitation services rendered to publicly aided individuals effective February 1, 2014. The ratesset forth in 101 CMR 348.00 also apply to day habilitation services governed by 130 CMR419.000: Rates for Supported Employment Services and other comparable programs.

(2) Coverage. The payment rates in 101 CMR 348.00 shall constitute full compensation for dayhabilitation services provided to publicly aided individuals as well as full compensation for anyadministration and professional supervision associated with providing the services.

(3) Coding Updates and Corrections. EOHHS may publish procedure code updates andcorrections in the form of an Administrative Bulletin. The publication of such updates andcorrections will list:

(a) codes for which only the code numbers change, with the corresponding cross referencesbetween existing and new codes;(b) codes for which the code number remains the same but the description has changed(c) deleted codes for which there are no corresponding new codes; and(d) codes for entirely new services that require pricing. EOHHS will list these codes andapply individual consideration (I.C.) reimbursement for these new codes until appropriaterates can be developed.

(4) Administrative Bulletins. EOHHS may issue administrative bulletins to clarify its policyon and understanding of substantive provisions of 101 CMR 348.00.

(5) Disclaimer of Authorization of Services. 101 CMR 348.00 is neither authorization for norapproval of the substantive programs for which rates are determined pursuant to 101 CMR348.00. Governmental Units that purchase care are responsible for the definition, authorization,and approval of care and services extended to publicly aided individuals. Information aboutsubstantive program requirements must be obtained from purchasing Governmental Units.

348.02: General Definitions

Meaning of Terms. Terms used in 101 CMR 348.00, unless the context requires otherwise,shall have the meanings ascribed in 101 CMR 348.02.

Approved Rates. The rates of payment that have been certified by EOHHS and filed with theSecretary of the Commonwealth. These rates govern payment for services under 101 CMR348.00.

Center. The Center for Health Information and Analysis established under M.G.L. c. 12C.

Client Severity Profile. A form measuring functional level that is used to determine theapplicable MassHealth payment rate category for a day habilitation client. The client is rated aslow, moderate, or high need based on his or her score on the Client Severity Profile form.

Cost Report. The document used to report costs and other financial and statistical data. TheUniform Financial Statement and Independent Auditor's Report, when required.

Day Habilitation Program. A structured, goal oriented active treatment program of medicallyoriented, therapeutic, and habilitation services to raise recipients' levels of functioning andfacilitate independent living and self management in their communities.




348.02: continued

Department of Developmental Services. (DDS).

Eligible Provider. Any individual, group, partnership trust, corporation or other legal entity thatoffers services for purchase by a Governmental Unit and that meets the conditions of purchaseor licensure established under 130 CMR 419.000: Rates for Supported Employment Services.

EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.

Governmental Unit. The Commonwealth, any department, agency, board or commission of theCommonwealth and any political subdivision of the Commonwealth.

Operating Agency. An individual, group partnership, corporation, trust or other legal entity thatoperates a day habilitation program.

Operational Capacity. A program's maximum number of service units for which there isadequate planned and budgeted space, equipment, and staff.

Publicly Aided Individual. A person who receives medical care and services for which aGovernmental Unit is in whole or in part liable under a statutory program of public assistance.

Related Party. A person or organization that is associated or affiliated with, has control of, oris controlled by the operating agency or any director, stockholder, partner, or administrator ofthe operating agency by common ownership or control or in a manner specified in sections267(b) and (c) of the Internal Revenue Code of 1954 as amended, provided, however, that 10%shall be the operative factor as set out in sections 267(b)(2) and (3) and provided further that thedefinition of "family members" found in section 267(c)(4) of said code shall include for thepurpose of 101 CMR 348.00:

(1) husband and wife,(2) natural parent, child and sibling,(3) adopted child and adoptive parent,(4) stepparent and stepchild,(5) father in law, mother in law, sister in law, brother in law, son in law, and daughter inlaw, and(6) grandparent and grandchild.

Reporting Year. The operating agency's fiscal year for which costs incurred are reported to theDivision of Purchased Services on the Uniform Financial Statements and Independent Auditor'sReport, normally July 1 through June 30 .st th

Service Unit. The measurable unit of program care and treatment determined by the purchasingGovernmental Unit. The service unit for a day habilitation program is a minimum of a six hourday.

Utilization. The total number of service units actually delivered, regardless of payment received.

348.03: General Rate Provisions

(1) Rate as Full Payment. Each eligible provider shall, as a condition of receipt of paymentfrom one or more purchasing Governmental Units for services rendered, accept the approvedrates as full payment and discharge of all obligations for the services rendered, subject only toappellate rights as set forth in M.G.L. 118E. There will be no duplication or supplementationof payment from sources other than those expressly recognized or anticipated in the computationof the rate. Any client resources or third party payments received on behalf of a publicly assistedclient shall reduce, by that amount, the amount of the purchasing Governmental Unit's obligationfor services rendered to the publicly assisted client.




348.03: continued

(2) Approved Day Habilitation Program Rates. For services provided in day habilitationprograms in the community, the approved rates include payment for all care and services that arecustomarily part of the program of services of an eligible provider, subject only to the terms ofthe purchase agreement between the eligible provider and the purchasing Governmental Unit(s).The rate of payment for authorized services is the lower of the established charge or the ratelisted in 101 CMR 348.03(6).

(3) Supplemental Service Included in Individual Aide Rates. Certain clients may needsupplemental services in the form of additional staff assistance to enable their participation inthe day habilitation program. For these qualifying clients, the approved individual aide ratesinclude salary, payroll taxes and fringe benefits for an individual aide for a specific client. Thesupplemental rate applies only when one of the following conditions exists:

(a) The purchasing agency determines that the specific client could not participate in a dayhabilitation program without supplemental one-to-one care.(b) The need for supplemental services must be documented in the client's individualservice plan or similar plan of care.(c) Approved supplemental services rates are as follows:

1. Program Aide. Direct Care services provided by the equivalent of a Direct Care/Program Staff I as defined in the Uniform Financial Statement and Independent Auditor'sReport Preparation Manual:

Staff Hourly Rate

Program Aide (Direct Care/Program Staff I) $15.54

2. Paraprofessional and Other Credentialed Aides or Those Requiring ExperienceBeyond that of a Direct Care/Program Staff I. This includes but is not limited to PhysicalTherapy Aides, Certified Occupational Therapy Aides, or behavioral specialists.

Paraprofessionals and Other Staff Hourly Rate

Direct Care/Program Staff II $17.42

Licensed Practical Nurse (LPN) See 114.3 CMR 50.00: Home Health Services(continuous skilled nursing care, individualpractitioner, weekday) Registered Nurse (RN)

3. Other Supplemental Services. Reimbursement of eligible providers for othersupplemental services governed by any other chapter of 101 CMR is in accordance withthe rates contained in the relevant regulation for that service.

(4) Day Habilitation Services in Nursing Facilities. Certain residents of nursing facilities whoqualify for day habilitation services may be unable to participate in these services in communitysettings. These individuals may qualify for day habilitation services to be provided at the nursingfacility in which they reside. In order to be eligible for these nursing facility services, theindividual must meet criteria established by the MassHealth Agency. The approved rates coverall care and services associated with the provision of day habilitation services in a nursingfacility.

(a) Serving One, Two, or Three Individuals in a Nursing Facility. In situations where nomore than three residents receive day habilitation services in the nursing facility, the rates donot vary by client need. The rates of payment for authorized services, includingtransportation, shall be the lower of the established charge or the rate listed in 101 CMR348.03(6).(b) Serving Four or More Individuals in a Nursing Facility. For a staffing level of one tofour or more, refer to approved community day habilitation program rates, along with thetransportation rate listed in 101 CMR 348.03(6). A maximum of two transportation units canbe billed for at most one person for any given nursing facility visit, in accordance withpurchasers' specifications.




348.03: continued

(5) Supplemental Staffing for Nursing Facility Residents in Community Day HabilitationPrograms. Certain qualifying individuals in nursing facilities may need supplemental servicesin the form of additional staff assistance to enable them to leave their nursing facility toparticipate in day habilitation services in the community. These services do not apply to nursingfacilities residents who receive day habilitation services at the nursing facility. The MassHealthAgency will pay a supplemental rate to augment staffing ratios when an individual needsassistance for all or part of the time that an individual participates in a community dayhabilitation program and meets criteria established by the MassHealth Agency. The approvedsupplemental rate, which includes salary, payroll taxes, and fringe benefits, is listed in 101 CMR348.03(6).

(6) Allowable Fees. The rates of payment for authorized day habilitation program services,unless otherwise noted above, shall be the lower of the established charge or the rate listed asfollows. Refer to purchasers' manuals for special coding instructions and limitations on numberof units.

Code Rate DescriptionH2014 $2.87 Skills training and development, per 15 minutes (community program,

low need)H2014-TF $3.24 Skills training and development per 15 minutes, intermediate level of

care (community program, moderate need)H2014-TG $4.24 Skills training and development, per 15 minutes, complex/high tech

level of care (community program, high need)H2014-U2 $7.43 Skills training and development, per 15 minutes (nursing facility, one to

one staffing level)H2014-U1 $4.12 Skills training and development per 15 minutes (nursing facility, one to

two or one to three staffing level)T2003 $3.65 Non-emergency transportation; encounter/trip (used only when serving

four or more individuals in a nursing facility)H2014-22 $3.41 Skills training and development, per 15 minutes, unusual procedural

service, when the service(s) provided is greater than that usually listedfor the listed procedure (supplemental staffing for nursing facilityresidents in community day habilitation)

348.04: Filing and Reporting Requirements

(1) General Provisions.(a) Accurate Data. All reports, schedules, additional information, books, and records thatare filed or made available to the Center pursuant to M.G.L. c. 12C, § 22, shall be certifiedunder pains and penalties of perjury as true, correct, and accurate by the Executive Directoror Chief Financial Officer of the provider.(b) Examination of Records. Each provider must make available to the Center orpurchasing Governmental Unit upon request all records relating to its reported costs,including costs of any entity related by common ownership or control.

(2) Required Reports. Each provider must file:(a) an annual Uniform Financial Statement and Independent Auditor's Report, completedin accordance with the filing requirements and instructions of the Division of PurchasedServices contained in 808 CMR 1.00: Compliance, Reporting and Auditing for Human andSocial Services;(b) any cost report supplemental schedule as issued by the Center; and(c) any additional information requested by the Center within 21 days of a written request.




348.04: continued

(3) Penalties. EOHHS may reduce the payment rates by 15% for any provider that fails tosubmit required information, subject to the approval of the purchasing Governmental Unit.EOHHS will notify the provider in advance of its intention to impose a rate reduction. The ratereduction will remain in effect until the required information is submitted to the Center.

348.05: Severability

The provisions of 101 CMR 348.00 are severable, and, if any provision of 101 CMR 348.00or application of such provision to any Operating Agency or fiscal intermediary of anycircumstances is held invalid or unconstitutional, this determination will not affect the validityor constitutionality of any remaining provisions of 101 CMR 348.00 or application of suchprovisions to Operating Agencies or fiscal intermediaries or circumstances other than thus heldinvalid.

REGULATORY AUTHORITY

101 CMR 348.00: M.G.L. c. 118E and c. 12C.




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101 CMR 349.00 THROUGH 351.00: RESERVED)




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CHAPTER NUMBER:

CHAPTER TITLE:

AGENCY:




ADDRESS:











Division of 114.3 CMR Health Care Finance and Policy

114.3 CMR 48.00

Day Habilitation Program Services

114.3 CMR 48.00 is being repealed. The Executive Office of Health and Human Services is

repromulgating these regulations as 101 CMR 348.00.

M.G.L. c. 118E

Deborah M. Briggs 617-847-3302

100 Hancock Street, 6th Floor, Quincy, MA 02171

These regulations are being adopted on an emergency basis for the preservation of the public health,

safety, or general welfare.

EO 485: 1/31/14

n/a

Docket # 5,927





No fiscal effect:






SIGNATURE: DATE:



EFFECTIVE DATE:



SIGNATURE ON FILE


1254 02/14/2014

01/31/2014 mrs

02/01/2014

Jan 29 2014

No fiscal effect

n/a

114.3 CMR 48.00 is being repealed.


regulation.


pages.



114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICYAMBULATORY CARE


(114.3 CMR 48.00: RESERVED)


114.3 CMR: DIVISION OF HEALTH CARE FINANCE AND POLICYAMBULATORY CARE


(PAGES 1555 AND 1556 ARE RESERVED FOR FUTURE USE.)



CHAPTER NUMBER:

CHAPTER TITLE:

AGENCY:




ADDRESS:











Department of Mental Health

104 CMR 30.00

Fiscal Administration

DMH proposes to amend certain provisions of 104 CMR 30.06 Charges for Room and Board in the

Community, which governs the manner in which DMH programs charge consumers for room and

board. It details the manner in which program costs and consumer income are calculated and the

process for establishing consumer charges for room and board (including review and appeal). The

proposed amendments simplify the process, ease the administrative burden on the providers and

help to streamline some of DMH’s contract monitoring responsibilities. Other edits clarify that the

value of food stamps contributed to the program are not counted in calculating a consumer’s income,

but act to lower the program cost; and any additional costs for extra activities must be voluntary.

M.G.L. c. 19, ss. 16 and 18, M.G.L. c. 123, s. 32; pursuant to M.G.L. c. 30A

Lester D. Blumberg, General Counsel 617-626-8233

25 Staniford Street, Boston, MA 02114

Dept. of Housing and Community Development (10-23-13)

Massachusetts Municipal Association (10-23-13)

Office of the Governor (10-3-13)

Public Hearing: 12-3-13; Comments 12-10-13

Docket # 165





No fiscal effect:






SIGNATURE: DATE:



EFFECTIVE DATE:



SIGNATURE ON FILE


1254 02/14/2014

01/30/2014 cm

02/14/2014

Jan 4 2014

No Fiscal Effect

12-17-13

The proposed amendments simplify the process of calculating program cost for the purpose of

charging room and board, ease the administrative burden on the providers and will help streamline

some of DMH's contract monitoring responsibilities.

Amends 104 CMR 30.06

432.1 - 432.8 432.1 - 432.8



104 CMR: DEPARTMENT OF MENTAL HEALTH

9/4/09 104 CMR - 432.1

30.04: continued

2. The fair hearing shall be conducted by an impartial hearing officer designated by theCommissioner or designee. The hearing officer may be an employee of the Department;provided, however, that no person shall be designated as a hearing officer in a particularappeal who is subject to the supervision of any facility, program or office within theservice area in which the patient or client received the service that is the basis of thecharge in dispute.3. The appealing party shall have the right to be represented at the hearing at his or herexpense.4. If the patient or client is unrepresented at the hearing but needs assistance, or if forany other reason the Commissioner or designee determines it to be in the best interest ofthe patient or client, the Commissioner or designee may designate a advocate to assist thepatient or client in the appeal.5. The appealing party and the Department shall have the right to present any evidencerelevant to the issues under appeal, and shall have the right to call, examine, andcross-examine witnesses.6. The appealing party shall have the right to examine all records held by theDepartment upon which the applicable charge is based.7. The fair hearing shall not be open to the public. The hearing officer may allow otherpersons to attend if he deems such attendance to be in the best interest of the patient orclient.8. Within 20 days of the close of the hearing, the hearing officer shall prepare andsubmit to the Commissioner a recommended decision which shall include a summary ofthe evidence presented, findings of fact, proposed conclusions of law, the recommendeddecision and the reasons for the decision.9. The findings of fact in the recommended decision shall be binding on theCommissioner. The Commissioner may modify the conclusions of law and decisionwhere the conclusions or decision are: in excess of the agency's statutory authority orjurisdiction; based on an error of law; or arbitrary, capricious, an abuse of discretion orotherwise not in accordance with law.10. Within 15 days after receipt of the hearing officer's recommended decision, theCommissioner shall issue a decision which shall be the final decision of the Departmenton all issues.

a. The Commissioner's decision shall include a summary of the evidence presented,findings of fact, conclusions of law, a decision on each of the issues appealed and thereasons for such decision, and a notice of the individual's right to appeal the decisionto the Superior Court pursuant to M.G.L. c. 30A.b. The Commissioner's decision shall be mailed to the appealing party and his or herlegally authorized representative.

(e) Standard and Burden of Proof.1. The standard of proof on all issues shall be a preponderance of the evidence.2. The burden of proof shall be on the Department.

(f) Judicial Review. A patient, client or fee payer aggrieved by a final decision of theDepartment pursuant to 104 CMR 30.04(9) may, within 30 days of receipt of the decisionor a decision after a re-hearing, seek judicial review of the decision, in accordance with thestandards and procedures contained in M.G.L. c. 30A, § 14.

30.05: Canteen Operations

(1) Authority. 104 CMR 30.05 is promulgated pursuant to M.G.L. c. 19, §§ 1, 16 and 18, andpursuant to M.G.L. c. 123, §§ 2 and 23.

(2) Scope. 104 CMR 30.05 shall apply to facilities operated by the Department.

(3) General Provisions.(a) A facility may conduct various activities and operations which are incidental to themission of the facility and in which charges are made to patients, employees, or others forthe goods or services sold. Activities and operations including vending machine proceeds,restaurant or snack bar operations, gift shops, concession stands, local fund raising drives,programs charging admission, and the like shall be known as Canteen Operations. The



2/14/14 104 CMR - 432.2

30.05: continued

management of Canteen Operations shall be the responsibility of an employee or employeesselected by the facility director. Such employee or employees may be assisted by patientsand volunteers.(b) The income from the Canteen Operations shall support the Canteen Operations. Incomein excess of the cost of the Canteen Operations shall be called the Canteen Fund. TheCanteen Fund shall be held by the financial manager of the facility. Donations may be madeto the Canteen Fund. Canteen Funds shall be expended for the benefit of patients andemployees. Expenditures for the benefit of employees shall not exceed 25% of the CanteenFund in any one year. The Canteen Committee will determine the expenditure of all CanteenFunds.(c) The facility must have written policies and procedures concerning internal controls andaccounting procedures for the management of the Canteen Operations, the Canteen Fund, andthe inventory of goods kept in the Canteen. These written policies and procedures must beapproved by the Commissioner or his or her designee.(d) A Canteen Committee shall be selected by each facility. The facility director or his orher designee shall be the chairperson of this committee which will consist of memberschosen as representatives of the following groups: facility staff, patients, and individualsconcerned with the care and treatment of patients. At least two members of the Committeeshall not be employees of the Department. The Canteen Committee shall provide advice onwhich goods to stock in the Canteen.(e) Pursuant to M.G.L. c. 123, § 23, every patient shall have the right to keep and beallowed to spend a reasonable sum of his or her own money for canteen expenses and smallpurchases.

30.06: Charges for Room and Board in the Community

(1) Authority. 104 CMR 30.06 is promulgated under authority of M.G.L. c. 19, §§ 16 and 18,M.G.L. c. 123, § 32.

(2) Purpose and Scope.(a) Charges for Room or Room and Board. The purpose of 104 CMR 30.06 is to establishthe rules for charging adult clients in the community for room or room and board providedby Department operated or contracted for programs. The requirements set forth in 104 CMR30.06 do not apply to room or room and board provided:

1. to facility patients;2. as part of a shelter, respite, or crisis stabilization program as defined by theDepartment procurement activity codes;3. as part of an individually procured residential placement; and4. charges for services pursuant to 104 CMR 30.04.

(b) Other Charges or Fees.1. Unless specifically authorized by the applicable Area Director in writing or by acontract to which the Department is a party, a Department operated or contracted forprogram only may charge clients, or ask clients for contributions for services and costs

a. pursuant to 104 CMR 30.04 or 30.06, orb. related to specific client caused damages, when the cost of such damage is inexcess of the usual expense of repair and replacement. Charges for specific clientcaused damages that are in excess of the usual expense of repair and replacement arenot subject to the dollar limits set forth in 104 CMR 30.06(6)(a).

2. A program may ask clients for contributions for non-service related activities that arenot covered or paid for by the Department that the program offers (e.g., extra recreationalor entertainment activities); provided that participation is voluntary; contributions areonly collected for those who wish to participate in the activities and the program haspolicies and procedures regarding the collection of such contributions and for providingassistance to those who cannot afford to participate in such activities.



2/14/14 104 CMR - 432.3

30.06: continued

(3) Definitions. As used in 104 CMR 30.06, the terms listed in 104 CMR 30.06(3) have thefollowing definitions:

Board means the provision of daily meals. A program that provides board to its clientsregularly offers its clients at least two full meals (i.e., breakfast, lunch or dinner) a day. Thisincludes meals that are prepared by clients with food provided by the program. The mealsmust be provided on a regular fixed basis.Client means an individual who receives room or room and board from a Departmentoperated or contracted for program.Client’s Charge means the monthly amount a fee payer is responsible for paying for roomor room and board as determined in accordance with 104 CMR 30.06(6).Fee Payer means any of the following persons who may be liable for a client's charge: theclient, a guardian, conservator, representative payee or other person who controls the fundsof the client. A fee payer shall be responsible for the payment of a client’s charges for roomor room and board only if the fee payer controls the client's funds.Room means sleeping accommodations. Room may be provided directly by a Departmentoperated or contracted for program or a program may pay a third party (e.g., rent to a localauthority) for sleeping accommodations for a client. The sleeping accommodations must beprovided on a regular fixed basis. Payments made by a Department operated or contractedfor program that supplements rental payments made by clients (i.e., clients are paying aportion of the rent) shall not be considered room for purposes of 104 CMR 30.06.

(4) Duty to Charge for Room or Room and Board; Notices.(a) A Department operated or contracted for program that provides room or room and boardto a client or otherwise pays for a client’s room or room and board must charge the clientmonthly for the room or room and board in accordance with the provisions of 104 CMR30.06 and must collect the charge from the client in accordance with 104 CMR 30.06(7).(b) All notices required to be given to a fee payer other than the client under 104 CMR30.06 shall also be provided to the client and to the client’s legally authorized representative,if different.

(5) Notification of Client’s Charge. A Department operated or contracted program thatprovides room or room and board to clients must provide each fee payer with a written noticethat meets the requirements of 104 CMR 30.06(5).

(a) Contents. The notice must inform each fee payer of the following:1. the fee payer’s responsibility for paying the client’s charge;2. the amount of the client’s charge and how that amount was calculated;3. details as to when and how the fee payer is to pay the client’s charge each month; and4. the client's and, if different, the fee payer's responsibility for reporting the client’sincome and expenses to the program and for notifying the program of any changes inincome or expenses that could result in a change in the client’s charge by more than 10%.The notice shall indicate the individual, whom the client or fee payer is to contact at theprogram regarding changes in income and expenses, and the procedures for doing so; and5. the appeal process as set forth in 104 CMR 30.06(9).

(b) Frequency. The notice must be provided: when a client first receives room or room andboard from a program; when the client’s charge is changed for any reason; upon request ofthe client, his or her legally authorized representative or fee payer and at any time theDepartment requests that notice be given. At a minimum, the notice must be provided atleast 15 days prior to the client first being billed for room or room and board or, if applicable,30 days before the implementation of an increase to a client’s charge.

(6) Determination of Client’s Charge.(a) Determination of Client's Charge. The client's charge shall be the average statewidemonthly cost of providing the room or room and board to clients in the community in stateoperated or contracted programs as determined by the Department in accordance with104 CMR 30.06(6)(b), subject to the following limits:

1. The client’s charge may not exceed 75% of the client’s average monthly income asdetermined in accordance with 104 CMR 30.06(6)(c); provided, however, that suchcharge shall be reduced by an amount necessary to assure that the client retains aminimum of $200 of his or her average monthly income.



2/14/14 104 CMR - 432.4

30.06: continued

2. If the client’s average monthly income is $200 or less, the client’s charge shall bezero.3. If a Department operated or contracted for program receives state or federal housingassistance for the particular location where the client receives room or room and board,the determination of a client's charge for that location, must adhere to the applicablefederal or state rules regarding the amount a tenant may pay for rent and utilities and, ifappropriate, must reduce the client's charge as is necessary to comply with those rules.

(b) Determination of Monthly Cost for Providing Room or Room and Board to a Client.The Department, using generally accepted accounting principles and based on availablefinancial information, shall determine on a fiscal year basis the statewide average monthlycost of providing room, and for providing room and board to clients in Department operatedor contracted programs.(c) Determination of a Client’s Average Monthly Income. A client's average monthlyincome shall be determined by the sum of all gross income expected to be received by theclient, or the client's fee payer on his or her behalf, over the next 12 months, minus necessaryexpenses as defined in 104 CMR 30.06(6)(d) and then dividing that total by 12. Incomeincludes, but is not limited to:

1. compensation for services;2. net income derived from a business;3. military pay;4. interest;5. net rental income;6. dividends;7. annuities;8. pensions;9. unemployment compensation;10. worker’s compensation;11. Veterans Administration benefits;12. Social Security retirement, Supplemental Security Income and Social SecurityDisability Income benefits; and13. trust benefits.

Such monies, payments in kind and lump sum payments will be counted as income in themonth received and, thereafter, shall be defined as assets. Student financial assistance paiddirectly to the student or the educational institution and Supplemental Nutrition AssistanceProgram benefits (formerly known as Food Stamps), or like benefits provided through anysuccessor program, shall not be counted as income.(d) Necessary Expenses. Necessary expenses for purposes of 104 CMR 30.06(6)(c) is thesum of the following amounts which the client, or the client's fee payor on his or her behalf,is expected to pay over the next 12 months:

1. the cost of premiums to enroll and maintain the client in a health insurance program;2. medical and dental expenses, including medication costs provided that such expensesare not covered by insurance or other third party payor and excluding co-payments;3. child support or alimony payments owed by the client;4. transportation expenses related to the implementation of the client's individualizedaction plan that are not provided by a Department operated or contracted for program;5. the cost of gas or electricity related to the room or room and board if theresponsibility of client; and6. other necessary expenses that are reflected in the client’s individualized action plan.

(e) Monthly Amount. Charges for room or room and board shall be calculated in monthlyamounts. Charges for clients who receive room or room and board for less than a monthshall be adjusted pro rata.(f) Multiple Programs. If a client receives room or room and board from more than oneDepartment operated or contracted for program on any given day, the client or fee payer(s)shall only be charged for room or room and board by the program that provided the room thatis considered the client's more permanent residence. If there is any issue regarding whichone of the different programs is to bill, the issue shall be resolved by the applicable AreaDirector or designee.



2/14/14 104 CMR - 432.5

30.06: continued

(7) Program Responsibilities Regarding Charges. A Department operated or contracted forprogram that provides adult clients with room or room and board must comply with thefollowing requirements:

(a) When a Client's Charge Must be Established. The program must establish a client'scharge when the client first receives room or room and board from the program.(b) Review of Client's Charge. A client’s charge must be reviewed at least once everytwelve months; or

1. Upon Request of a Client. If a program is notified by a client, or the client's legallyauthorized representative or fee payer of a change in client's circumstance that couldresult in a change in the client's charge by more than 10%, the program, within ten daysof receipt of such notice, must recalculate the client's charge in accordance with104 CMR 30.06(6) to determine if the amount actually has changed by more than 10%and it shall notify the client and client's legally authorized representative and fee payer(s),if any, of its findings. The notice must inform the client and the client's legallyauthorized representative and fee payer(s), if any, of the appeal process as set forth in104 CMR 30.06(9).2. Upon Change in the Monthly Cost of Providing the Room or Room and Board asDetermined by the Department. A program must review client charges when there is achange to the average statewide monthly cost of providing room or room and board ascalculated by the Department.

(c) Procedures. The program must have written procedures and appropriate internalcontrols regarding the collection of client charges for room or room and board.(d) Collection. The program must collect monthly the client's charge as determined inaccordance with 104 CMR 30.06(6). If a client/fee payer fails to pay for the client’s roomand board, the program shall address the issue, if appropriate, as part of the client’sindividual action plan in accordance with the procedures required by 104 CMR29.00: Application for DMH Services, Referral, Service Planning and Appeals, or take otherappropriate action. Failure to pay may be considered a violation of the program rules.(e) Implementing a Change in Client’s Charge.

1. An increase in a client’s charge only may be implemented upon the Departmentoperated or contracted for program giving the client and client’s fee payer, if other thanthe client, 30 days written notice of the increase as provided in 104 CMR 30.06(7)(e)3.2. A decrease in the client’s charge shall be implemented no later than the first paymentdate after the decrease is determined.3. The client and the client’s fee payer, if other than the client, shall be given writtennotice of any change in the client’s charge and the appeal process set forth in 104 CMR30.06(9).

(f) Use. The amount collected for room or room and board from the client must be used tooffset the Department's contract charges, if applicable, or distributed as determined by theDepartment in accordance with the Commonwealth's finance rules.(g) Inability to Contribute. No client shall be denied room or board because of his or herinability to pay the client’s charge.

(8) Responsibilities of the Client and Fee Payer for Reporting Income and Change inCircumstances.

(a) Payment of Charge. A fee payer is responsible for paying the client's charge monthlyin a timely manner.(b) Provide Information.

1. A client or fee payer, if other than the client, must provide the program withinformation on income and expenses upon the program's request. Additionally, the clientor fee payer, if other than the client, must report a change in circumstances that couldresult in a change in the client’s monthly charge for room or room and board, or a changein fee payer within ten days from the date he or she first learns of the change.Notwithstanding the provisions of 104 CMR 30.06(5)(b), failure to report a change incircumstances in a timely fashion may result in a retroactive change in a client's charge.2. If a client or fee payer, if other than the client, fails to provide the informationrequired by 104 CMR 30.06(8)(b), the program may determine the client's charge inaccordance with 104 CMR 30.06(6), based upon its best available information and theprogram shall proceed to assess and collect from the fee payer the client's charge.



2/14/14 104 CMR - 432.6

30.06: continued

(9) Appeal of Charges.(a) General Provisions.

1. 104 CMR 30.06(9) contains the standards and procedures for appeals by a client orfee payer of a client's charge.2. To the extent possible, disagreements concerning a client's charge should be resolvedinformally with the Area Director, or designee, prior to utilizing this appeal mechanism.3. Clients and fee payers, if any, shall be informed of their rights to appeal any assessedcharge and any change in a client’s charge pursuant to the provisions of 104 CMR30.06(9).4. During pendency of the appeal, the Department operated or contracted for programmay continue to bill the fee payer for the client's charge.

(b) Subject Matter of an Appeal. The following issues may be appealed:1. miscalculation of the charge; and2. misidentification of the client or fee-payer.

(c) Initiation of an Appeal.1. An appeal may be initiated by any of the following individuals:

a. the client, or his or her legally authorized representative;b. the fee payer;c. the client or fee payer's legal advocate, if any;d. an individual designated by the client or fee payer as his or her representative.

2. An appeal is initiated by submitting a written statement to the Commissionerindicating what is being appealed and the basis for the appeal.3. An appeal must be received by the Commissioner within 21 days of the client or feepayer being notified of the amount of the client's charge or, if applicable, of receipt of adecision regarding a request for adjustment under 104 CMR 30.06(6). TheCommissioner may accept an appeal received after 21 days for good cause.

(d) The Appeals Process - Fair Hearing.1. Within ten days of receipt of the written statement requesting an appeal, theCommissioner or designee shall appoint an impartial hearing officer, who shall scheduleand conduct a fair hearing on a date which is agreeable to both parties. Said hearing shallbe conducted in a manner consistent with M.G.L. c. 30A and 104 CMR 30.06(9)(d)1.,and shall be governed by the informal fair hearing rules of the standard adjudicatoryrules of practice and procedure, 801 CMR 1.02: Informal/Fair Hearing Rules.2. The hearing officer may be an employee of the Department; provided, however, thatno person shall be designated as a hearing officer in a particular appeal who is subject tothe supervision of any facility, program or office within the service area in which theapplicable Department operated or contracted for program is located.3. The client or appealing party shall have the right to be represented at the hearing athis or her expense.4. If the client is unrepresented at the hearing but needs assistance, or if for any otherreason the Commissioner or designee determines it to be in the best interest of the client,the Commissioner or designee may designate an advocate to assist the client in theappeal.5. The client or other appealing party and the program responsible for establishing theclient’s charge shall have the right to present any evidence relevant to the issues underappeal, and shall have the right to call, examine, and cross-examine witnesses.6. The client or other appealing party and the program responsible for establishing theclient’s charge shall have the right to examine all records held by the Department or otherparties upon which the applicable charge is based.7. The fair hearing shall not be open to the public. The hearing officer may allow otherpersons to attend if he or she deems such attendance to be in the best interest of theclient.8. Within 20 days of the close of the hearing, the hearing officer shall prepare andsubmit to the Commissioner, or designee, a recommended decision which shall includea summary of the evidence presented, findings of fact, proposed conclusions of law, therecommended decision and the reasons for the decision.



2/14/14 104 CMR - 432.7

30.06: continued

9. The findings of fact in the recommended decision shall be binding on theCommissioner. The Commissioner or designee may modify the conclusions of law anddecision where the conclusions or decision are: in excess of the Department's statutoryauthority or jurisdiction; based on an error of law; or arbitrary, capricious, an abuse ofdiscretion or otherwise not in accordance with law.10. Within 15 days after receipt of the hearing officer's recommended decision, theCommissioner or designee shall issue a decision which shall be the final decision of theDepartment on all issues.

a. The Commissioner’s or designee’s decision shall include a summary of theevidence presented, findings of fact, a decision on each of the issues appealed and thereasons for such decision, and a notice of the individual's right to appeal the decisionto the Superior Court pursuant to M.G.L. c. 30A.b. The Commissioner's decision shall be mailed to the client, the appealing partyand his or her legally authorized representative, if any, and to the programresponsible for establishing the client’s charge.

(e) Standard and Burden of Proof.1. The standard of proof on all issues shall be a preponderance of the evidence.2. The burden of proof on the issues specified in 104 CMR 30.06(9)(b)1. shall be on theprogram establishing the charge.3. The burden of proof on all other issues specified in 104 CMR 30.06(9)(b) shall be onthe appealing party.

(f) Judicial Review. A client or fee payer aggrieved by a final decision of the Departmentpursuant to 104 CMR 30.06(9) may, within 30 calendar days of receipt of the decision or adecision after a re-hearing, seek judicial review of the decision, in accordance with thestandards and procedures contained in M.G.L. c. 30A, § 14.

(10) Transitional Provision. The Department anticipates issuing notice of program costsdetermined in accordance with 104 CMR 30.06(6)(b) on or before July 1, 2014, the issuance ofwhich shall trigger programs' responsibility to initiate a review of client charges in accordancewith 104 CMR 30.06(7). Program costs determined prior to issuance of such notice shall beutilized in determining client charges until then.

30.07: Disposition of Personal Property Abandoned at Facilities or Programs

(1) Authority. 104 CMR 30.07 is promulgated under authority of M.G.L. c. 19, §18 andM.G.L. c. 123, §§ 2 and 26.

(2) Purpose. To establish standard procedures for handling, controlling and disposing ofpersonal property abandoned by patients at Department operated or contracted for facilities orby clients at residential sites that are operated by the Department or by a program contracted forby the Department.



9/4/09 104 CMR - 432.8

30.07: continued

(3) Scope. 104 CMR 30.07 applies to Department operated and contracted for facilities andDepartment operated and contracted for programs that operate residential sites as defined in104 CMR 28.13.

(4) Definitions. As used in 104 CMR 30.07, the terms listed below have the followingdefinitions.

(a) Abandoned Property means:1. personal property that belongs to a patient and which is left behind by the patient afterthe patient is discharged from the facility; or2. personal property that belongs to a client and which is left behind by the client at aprogram's residential site after the client leaves the residential site.

(b) Discharged means being formally discharged from a facility or being classified as absentwithout authorization (AWA) pursuant to 104 CMR 27.16, for six months.(c) To Leave a Residential Site: means that the client has left a residential site with theintent to reside elsewhere on other than a short term basis.

(5) Patients and Clients are Responsible for Their Personal Property.(a) Patients and clients are responsible for their personal property that they bring to oracquire while at a Department operated or contracted for facility or program. Facilities andprograms are not responsible for damage to, loss of, or theft of the personal property ofpatients or clients.(b) At the time of discharge from a facility, it is the patient's responsibility to remove ormake arrangements for the removal of his or her personal property from the facility.Similarly, when a client leaves a residential site operated by a program, the client isresponsible for removing or making arrangements for the removal of his or her personalproperty from the site.

(6) Notification of Policies Concerning Abandoned Property.(a) Facilities. At the time of admission and again during the discharge planning process,or upon request, a facility must provide a patient and his or her legally authorizedrepresentative, if any, with written information on the facility's policies concerning thedisposition of patients' personal property that is abandoned at the facility.(b) Programs. When a client is initially provided with services at a residential site of aprogram and again ten or more days prior to a planned transition of the client from theresidential site to another place of residence on a permanent basis, the program must providethe client and his or her legally authorized representative, if any, with written information onthe program's policies concerning the disposition of personal property that is abandoned byclients at the program's residential sites. The information shall also be provided to clientsor their legally authorized representatives upon their request.

(7) Storage of Abandoned Personal Property.(a) A facility or program shall inventory and store abandoned personal property as soon asit is practical, but no later than ten days, after the patient is discharged from the facility or theclient leaves the residential site of the program. A copy of the inventory shall be maintainedin the record of the patient or client. The storage shall be appropriate for the nature andpotential value of the abandoned property.(b) Abandoned property shall be stored until such time as it is reclaimed by the patient orclient or his or her personal representative, or it is disposed of in accordance with 104 CMR30.07(9).

(8) Reasonable Efforts to Contact the Patient or Client. The facility and program shall makereasonable attempts to contact the patient or client to facilitate the return of the abandonedpersonal property. Such efforts shall include:

(a) Mailing a letter within ten days of the discharge of the patient from a facility or a clientleaving the residential site operated by a program. The letter must be mailed to the lastknown address of the patient or client and to his or her personal representative, if any. Afacility must also send a copy of the letter to patient's next of kin. The letter must:

1. describe the abandoned property in sufficient detail so the patient or client willrecognize it;



CHAPTER NUMBER:

CHAPTER TITLE:

AGENCY:

SUMMARY OF CORRECTION:


ADDRESS:


EFFECTIVE DATE:



Notice of Correction

Publication To be completed by the Regulations Division

ORIGINAL PUBLICATION REFERENCE: Date:

Department of Environmental Protection

1251 01/03/2014

01/03/2014

02/14/20141254

01/21/2014 cm



SIGNATURE: DATE:



SIGNATURE ON FILE Jan 21 2014

Approving authority update and punctuation corrections

310 CMR 15.000

The State Environmental Code, Title 5: Standard Requirements for the Siting,

Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal

David Ferris 617 654-6514

One Winter Street, Boston, MA 02108

7 - 10

535, 536

545 - 548

561, 562

7 - 10

535, 536

545 - 548

561, 562

Docket # 591


310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

2/14/14 310 CMR - 7

Table of ContentsPage

310 CMR 16.00: SITE ASSIGNMENT REGULATIONS FOR SOLID WASTEFACILITIES (continued)

Section 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations 580.6 Section 16.06: General Requirements for General Permits and Recycling, Composting

and Conversion Permits 580.15 Section 16.07: Certification 580.16 Section 16.08: Site Assignment Application Submission Requirements 580.16 Section 16.09: Public Access to Application 580.17 Section 16.10: Review of Application for Completeness 581 Section 16.11: Review Period 581 Section 16.13: Department Report On Suitability (Report) 582 Section 16.14: Reconsideration of Findings 583 Section 16.15: Further Action on Application 583 Section 16.16: Requests for Technical Assistance from the Department 583 Section 16.17: Application Review by the Department of Public Health 583 Section 16.18: Waiver 584

PART II: BOARD OF HEALTH PUBLIC HEARINGS Section 16.20: Public Hearing Rules 584 Section 16.21: Alternative Use of Assigned Site 590.1 Section 16.22: Modifications to and Rescissions and Suspensions of Site Assignments 591

PART III: APPLICATION FEE Section 16.30: Fees 591

PART IV: SITE SUITABILITY CRITERIA Section 16.40: Site Suitability Criteria 595 Section 16.99: APPENDIX A 600.2

310 CMR 17.00: PART I: RECYCLING INDUSTRIES REIMBURSEMENTCREDIT GRANT PROGRAM 600.3

Section 17.01: Authority 600.3 Section 17.02: Purpose 600.3 Section 17.03: Definitions 600.3 Section 17.04: Eligibility Criteria 600.5 Section 17.05: Process of Selecting Eligible Materials for the Designated List 600.5 Section 17.06: Grant Application Process 600.5 Section 17.07: Grant Application Review Process 600.6 Section 17.08: Grant Awards 600.6 Section 17.09: Grant Agreement Conditions 600.6 Section 17.10: Conditions of Use 600.7 Section 17.11: Reporting 600.7 Section 17.12: Severability 600.7

(310 CMR 18.00: RESERVED) 600.9

310 CMR 19.000: SOLID WASTE MANAGEMENT 601

PART I: GENERAL REQUIREMENTS, PROCEDURES AND PERMITS Section 19.001: Authority 602 Section 19.002: Purpose 602 Section 19.003: Applicability 602 Section 19.004: Severability 603 Section 19.005: Computation of Time 603 Section 19.006: Definitions 603 Section 19.007: Rights of the Department 615 Section 19.008: Accurate and Timely Submittals 616 Section 19.009: Accurate and Complete Record Keeping 616



2/14/14 310 CMR - 8


310 CMR 19.000: SOLID WASTE MANAGEMENT (continued)

Section 19.010: Accurate Monitoring 616 Section 19.011: Certification and Engineer's Supervision 616 Section 19.012: Determinations by the Department 617 Section 19.013: Exemptions 617 Section 19.014: Prohibition on Open Dumps and Dumping Grounds and Illegal

Disposal of Solid Waste 618 Section 19.015: Compliance 618 Section 19.016: Post-closure Use 618 Section 19.017: Waste Bans 618 Section 19.018: Third-party Inspections 621 Section 19.028: Requirements for Construction, Operation, Modification or Expansion

of a Solid Waste Management Facility 630 Section 19.029: Applicable Permit and Certification Procedures for Construction,

Operation, Modification or Expansion of a Solid Waste ManagementFacility 631

Section 19.030: Application for a Solid Waste Management Facility Permit 631 Section 19.032: Permit Procedure for a New Facility or Expansion Permit Application 633 Section 19.033: Permit Procedure for an Application for a Permit Modification or

Other Approval 634.2 Section 19.034: Presumptive Approval Procedure 634.3 Section 19.035: Transfer Station Certifications 634.3 Section 19.036: Department's Modification, Suspension or Revocation of a Permit 634.4 Section 19.038: Review Criteria for a New or Expanded Facility Permit

or Permit Modification 634.4 Section 19.041: Authorization to Construct 634.7 Section 19.042: Authorization to Operate 634.8 Section 19.043: Conditions for Permits and Authorizations 634.10 Section 19.044: Transfer of Permits 635 Section 19.045: Facility Closure and Post-closure 635 Section 19.050: Private Facility Tax 635 Section 19.051: Financial Assurance Requirements 636 Section 19.060: Beneficial Use of Solid Waste 637 Section 19.061: Special Waste 642 Section 19.062: Demonstration Projects or Facilities 644(Section 19.070: Operator Certification Requirements: Reserved) 647 Section 19.080: Variances 647 Section 19.081: Enforcement Provisions 649 Section 19.082: Penalties 650.1 Section 19.083: Enforcement of Minimum Recycling Requirements 650.1

PART !: LANDFILL DESIGN AND OPERATIONAL STANDARDS Section 19.100: Preamble 651 Section 19.101: Applicability 651 Section 19.102: Definitions 651 Section 19.103: Additional Requirements 651 Section 19.104: Landfill Facility Plan 651 Section 19.105: Equivalency Review Standards and Procedures 654 Section 19.106: Quality Assurance and Quality Control Requirements 654 Section 19.107: Construction Certification 655 Section 19.110: Ground Water Protection Systems 655 Section 19.111: Alternative Ground Water Protection System Design 661 Section 19.112: Landfill Final Cover Systems 661 Section 19.113: Alternative Landfill Final Cover System Design 664 Section 19.114: Ground Water Protection System and Final Cover Waivers 664 Section 19.115: Storm Water Control 664 Section 19.116: Surface and Ground Water Protection 665



2/14/14 310 CMR - 9


310 CMR 19.000: SOLID WASTE MANAGEMENT (continued)

Section 19.117: Air Quality Protection Systems 665 Section 19.118: Ground Water, Surface Water and Gas Monitoring Systems 665 Section 19.119: Design Requirements for Ash Landfills 666 Section 19.120: Design Requirements for Woodwaste Landfills 667 Section 19.121: Landfill Gas Recovery Operations 667 Section 19.130: Operation and Maintenance Requirements 668 Section 19.131: Additional Operation and Maintenance Requirements for Landfills

that Accept Ash 675 Section 19.132: Environmental Monitoring Requirements 676 Section 19.133: Maintenance of Environmental Control and Monitoring Systems 680 Section 19.140: Landfill Closure Requirements 680 Section 19.141: Record Notice of Landfill Operation 680.1 Section 19.142: Landfill Post-closure Requirements 680.1 Section 19.143: Post-closure Use of Landfills 681 Section 19.150: Landfill Assessment Requirements 682 Section 19.151: Corrective Action Requirements 683

PART 111: TRANSFER STATION DESIGN AND OPERATIONS STANDARDS Section 19.200: Preamble 684 Section 19.201: Applicability 684 Section 19.202: Definitions 684 Section 19.203: Additional Requirements 684(Section 19.204: Handling Facility Plan Reserved) 684 Section 19.205: Handling Facility Design Requirements 685 Section 19.206: Construction and Demolition (C&D) Waste Processing Facilities

Requirements 685 Section 19.207: Handling Facility Operation and Maintenance Requirements 686

CLASS II RECYCLING PROGRAM Section 19.300: Preamble 690 Section 19.301: Applicability 690 Section 19.302: Definitions 690 Section 19.303: Class II Recycling Program 691

(310 CMR 20.00: RESERVED) 693

310 CMR 21.00: FEDERAL SAFE DRINKING WATER ACT ASSESSMENT 695

Section 21.01: Purpose and Authority 695 Section 21.02: Definitions 695 Section 21.03: Federal Safe Drinking Water Act Assessment 696 Section 21.04: Calculation of Withdrawal Amount or Estimated Withdrawal Amount 696 Section 21.05: Calculation of the Assessment 696 Section 21.06: Collection By End Suppliers 697 Section 21.07: Inspection and Audit 697 Section 21.08: Jurisdiction of the Department of Public Utilities Unaffected 697 Section 21.09: Receipts from Assessments 698 Section 21.10: Required State Contribution 698 Section 21.11: The Advisory Committee 698 Section 21.12: Duties of the Advisory Committee 698 Section 21.13: Federal Supremacy 699 Section 21.14: Severability 699



12/25/09 310 CMR - 10


310 CMR 22.00: DRINKING WATER 701

Section 22.01: Purpose and Authority 701 Section 22.02: Definitions 702 Section 22.03: Compliance 717 Section 22.04: Construction, Operation and Maintenance of Public Water Systems 719 Section 22.05: Maximum Microbiological Contaminant Levels, Monitoring

Requirements and Analytical Methods 723 Section 22.06: Inorganic Chemical Maximum Contaminant Levels, Monitoring

Requirements and Analytical Methods 730 Section 22.06A: Special Monitoring for Sodium, Reporting and Analytical Methods

and Frequency 736.9 Section 22.06B: Control of Lead and Copper in Drinking Water 736.10 Section 22.06C: Compliance with Secondary Maximum Contaminant Level and

Public Notification for Fluoride 769 Section 22.07A: Synthetic Organic Chemicals (SOC) Sampling and Analytical

Requirements 771 Section 22.07B: Maximum Contaminant Levels (MCLs) for Volatile Organic

Compounds (VOC) 780 Section 22.07C: Unregulated Inorganic and Organic Chemicals Special Monitoring 784.1 Section 22.07D: Secondary Chemical Standards 786 Section 22.07E: Disinfection Byproducts, Disinfectant Residuals and Disinfection

Byproduct Precursors 786 Section 22.07F: Stage 2 Disinfection Requirements (DBPR) 805 Section 22.08: Maximum Turbidity Contaminant Levels, Monitoring Requirements

and Analytical Methods for Unfiltered Systems and for FilteredSystems Not in Compliance with 310 CMR 22.20A 808.13

Section 22.09A: Maximum Radionuclide Contaminant Levels, Monitoring Require-ments and Analytical Methods effective as of December 8, 2003 808.14

Section 22.10: Alternative Analytical Methods 808.24 Section 22.11A: Laboratory Certification 808.24 Section 22.11B: Public Water Systems Certified Operator Staffing Requirements 808.25 Section 22.12: Consecutive Public Water Systems 814 Section 22.13: Variances 814 Section 22.13A: Small System Variances 818 Section 22.14: Exemptions 821 Section 22.15: General Reporting Requirements 826 Section 22.16: Public Notification Requirements 830 Section 22.16A: Consumer Confidence Reporting Requirements 850.4.1 Section 22.17: Record Maintenance 850.11 Section 22.18: Right of Entry 850.13 Section 22.19: Distribution System Requirements 850.13 Section 22.20A: Surface Water Treatment Rule 850.14 Section 22.20B: Surface Water Supply Protection 850.25 Section 22.20C: Surface Water Supply Protection for New and Expanded Class A

Surface Water Sources 850.27 Section 22.20D: Interim Enhanced Surface Water Treatment Rule 850.30 Section 22.20E: Filter Backwash Recycling Rule 850.36 Section 22.20F: Long Term 1 Enhanced Surface Water Treatment Rule 850.36.1 Section 22.20G: Long Term 2 Enhanced Surface Water Treatment Rule 850.36.7 Section 22.21: Ground Water Supply Protection 850.36.26 Section 22.22: Cross Connections Distribution System Protection 850.43 Section 22.23: Use of Non-Centralized Treatment Devices and Bottled Water 850.55 Section 22.24: Sale, Transfer of Property Interest, or Change in Use of Water

Supply Land 850.56 Section 22.25: Abandonment of Water Supply Sources 850.57 Section 22.26: Ground Water Rule 850.57 Section 22.27: Severability 850.66



2/14/14 (Effective 1/3/14) - corrected 310 CMR - 535

15.255: continued

(4) If required by the Approving Authority, a minimum of one representative sample shall betaken from the in-place fill for a system serving a single family residence and tested forcompliance with the grain size distribution specification. One soil test per pit per removal dayshall be required for systems with design flows of 2,000 gpd or more.

(5) Where fill is required to replace unsuitable or impermeable soils, the excavation of theunsuitable material shall extend a minimum of five feet laterally in all directions beyond theouter perimeter of the soil absorption system to the depth of naturally occurring perviousmaterial as required by 310 CMR 15.240 (soil absorption systems) and replaced with fill materialmeeting the specifications of 310 CMR 15.255(3).

(6) Prior to placement of the fill, which shall be stockpiled at the edge of the excavation andfilled in gradually, the bottom surface of the excavation shall be scarified and relatively dry. Fillshall not be placed during rain or snow storms. If the groundwater elevation is above theelevation of the bottom of the excavation, the excavation shall be dewatered prior to placementof the fill.

15.260: Tight Tanks

(1) Approval of a tight tank may be granted only to eliminate a failed on-site system when noother feasible alternative to upgrade the system in accordance with 310 CMR 15.201 through15.293 exists, except as provided in 310 CMR 15.260(8). Tight tanks shall not be approved fornew construction or for increased flow to existing systems except as approved by the ApprovingAuthority for:

(a) boat waste pump-out facilities where no other feasible alternative exists; or(b) to serve buildings necessary for the operation of a public water supply where it is notfeasible to connect to a sewer or to construct a system in compliance with 310 CMR 15.000;(c) to serve publicly owned and operated seasonal structures where it is not feasible toconnect to a sewer or to construct a system in compliance with 310 CMR 15.000.

(2) The design of a tight tank shall conform to the following criteria:(a) The tight tank shall be sized at a minimum of 500% of the system sewage design flowestablished by 310 CMR 15.203, but in no case less than 2,000 gallons;(b) plans for the tank shall be prepared, stamped and signed by a Massachusetts RegisteredProfessional Engineer or Registered Sanitarian and submitted to the Approving Authority bythe applicant for approval;(c) audio and visual alarms shall be set to activate at 3/5 tank capacity in a suitablyconvenient location. Transmission of the alarm signal to a locus manned 24 hours per daymay be required;(d) the application for approval shall indicate the method and frequency of removal of thecontents;(e) the specific location and method of disposal of the contents shall be indicated and be inaccordance with 310 CMR 15.501 through 15.505;(f) the tight tank shall have at least one 24-inch diameter cast iron frame and cover atfinished grade constructed so as to eliminate entrance of surface waters. Permanent suctionpiping may also be required;(g) the tight tank shall be located so as to provide year round access for pumping; (h) a permit to install the tank shall be obtained from the Approving Authority;(i) an operation and maintenance plan, acceptable to the Approving Authority, shall beimplemented which requires monitoring of the system to ensure proper operation andmaintenance;(j) the tight tank shall be waterproof and watertight and shall not be located below the watertable without extensive testing to prove the integrity of the tank and design against uplift;(k) aeration or other method of odor control may be required; and(l) the tight tank shall be designed in compliance with the requirements for the constructionof septic tanks in 310 CMR 15.226(1) through (4).

(3) The Approving Authority may require the submission of monthly or less frequent reportsconcerning operation and maintenance of the tank.



1/3/14 310 CMR - 536

15.260: continued

(4) No tight tank shall be utilized until written certification by a Massachusetts RegisteredProfessional Engineer or Registered Sanitarian that the tight tank has been constructed andinstalled in accordance with the approved plan has been submitted to the Approving Authority.

(5) When a sewer system becomes available, any person owning a tight tank shall connect tothe sewer within 30 days and the tight tank system shall be abandoned in accordance with310 CMR 15.354.

(6) Prior to the issuance of the Disposal System Construction permit for a tight tank, the facilityowner shall record or register in the chain of title for the property served by the tight tank at theRegistry of Deeds or the Land Registration Office, as applicable, a copy of the ApprovingAuthority's written approval.

(7) No tight tank shall be constructed in a velocity zone on a coastal beach, barrier beach, ordune, or in a regulatory floodway, unless it replaces a tank in existence on the site as ofMarch 31, 1995, that has been damaged or destroyed, and placement of the tank outside of thevelocity zone or regulatory floodway, either horizontally or vertically, is not feasible.

(8) The Approving Authority may allow the use of a tight tank at an existing, seasonal-useresidential facility as remedial upgrade of the failed system serving such facility. For thepurposes of 310 CMR 15.260(8), a seasonal-use residential facility means a residential facilitythat is used six months or less during the calendar year. This approval may be renewed upontransfer of the property. The tight tank must comply with the provisions of 310 CMR 15.260.Prior to the issuance of the Certificate of Compliance by the Approving Authority the facilityowner shall record or register in the chain of title for the property served by the tight tank at theRegistry of Deeds or the Land Registration Office, as applicable, a deed restriction limiting thefacility to seasonal residential use and to the approved design flow.

15.262: Greywater Systems

(1) Greywater from residential, commercial and public facilities may be discharged or reusedin accordance with the provisions of 310 CMR 15.262. For purposes of 310 CMR 15.262,public facilities shall include facilities owned or operated by a local political subdivision of theCommonwealth or an agency of the Commonwealth or federal government.

(2) Soil Absorption System for Greywater. When the total discharge to an on-site subsurfacesewage disposal consists entirely of greywater as defined in 310 CMR 15.002 (Greywater), thefollowing shall apply:

(a) the minimum soil absorption area for residential systems, as determined by the resultsof the site evaluation set forth in 310 CMR 15.100 through 15.107 and in accordance withthe appropriate long-term acceptance rate criteria specified in 310 CMR 15.242, for designof a soil absorption system for new construction of a facility, or for upgrades to existingsystems may be reduced by no more than 50%, provided, however, that for new construction,the owners of residential facilities shall demonstrate that a system in full compliance with310 CMR 15.000 can be installed on the facility to serve the proposed design flow.Reductions for commercial and public facility systems shall be determined on a case-by-casebasis as approved by the Department in accordance with 310 CMR 15.203(6). (b) the depth of soil placed as backfill over the system shall be at least nine inches, placedin lifts and sufficiently compacted to prevent depression due to settling which may interceptsurface runoff above the system. Backfill must be clean and free of stones greater than twoinches in size. Tailings, clay, or similar material is prohibited.(c) in a remedial upgrade of an existing system with no increase in flow, the requiredseparation between the bottom of the soil absorption system and the high groundwaterelevation may be reduced to a minimum of two feet in soils with a recorded percolation rateof more than two minutes per inch or a minimum of three feet in soils with a recordedpercolation rate of two minutes or less per inch.



1/3/14 310 CMR - 545

15.288: continued

(b) In certifying an alternative system for general use, the Department may determine thatany person wishing to use such system need not connect the facility to a sanitary sewer ifsuch connection is or becomes feasible, if the performance of the alternative system willprovide a level of protection to public health and safety and the environment that is at leastequivalent to that of a sewer system.

(6) Prior to making a determination on an application for general use approval of a technologypursuant to 310 CMR 15.288, the Department shall publish notice of the application in theMEPA Environmental Monitor.

(7) Should the Department deny certification of the alternative system for general use, anyperson wishing to use such system may file a permit application for use of such alternativesystem pursuant to 314 CMR 5.00: Ground Water Discharge Permit Program. Denial under310 CMR 15.288 shall not prejudice any action on an application pursuant to 314 CMR5.00: Ground Water Discharge Permit Program.

15.289: Humus/Composting Toilets

(1) Humus/Composting Toilets are certified for general use subject to the following conditions:(a) There shall be no liquid wastewater discharge from the humus/composting toilet. If thehumus/composting toilet produces a liquid by-product that is not recycled through the toilet,the liquid by-product must be either:

1. discharged through a greywater system on the facility that includes a septic tank andleaching system; or2. removed by a licensed septage hauler and properly disposed.

Any other disposal of a liquid by-product requires specific approval by the Department.(b) If there is a greywater discharge designed in accordance with 310 CMR 15.262 or adischarge from a drain equipped with a garbage grinder from the facility, there shall be aseptic tank and a soil absorption system designed in accordance with 310 CMR 15.262(1)(a)and 310 CMR 15.240(4). A filter system specifically approved by the Department for thatpurpose may be used in place of the septic tank, provided that there is no discharge ofgarbage grinder waste or of liquid by-product from the composting toilet to the greywatersystem. For publicly used state and federal facilities at which the only sources of greywaterare handwashing sinks, janitorial basins and drinking water fountains, the Department mayapprove a design flow for the greywater system based on water meter readings from the sameor similar facilities with a safety factor to assimilate maximum daily flows. An existingcesspool may serve as a leaching pit for these purposes where:

1. the cesspool is pumped and cleaned when the other components of the system areinstalled;2. the bottom of the cesspool does not extend below the high groundwater elevation asdetermined by a Soil Evaluator in accordance with 310 CMR 15.103(3);3. the cesspool meets the design criteria of 310 CMR 15.253 (pits, chambers, andgalleries) with respect to effective depth, separation between units, and inspection access,or the cesspool is replaced by a precast concrete leaching pit meeting those requirements;and4. the hydraulic loading requirements of 310 CMR 15.242 (effluent loading rates) aresatisfied; and

(c) The system shall be designed to store compostable and composted solids for at least twoyears, unless otherwise approved by the Department. Residuals from the system shall bedisposed of either:

a. by burial on-site or in another manner and location approved by the local ApprovingAuthority, covered with a minimum of six inches of clean compacted earth; orb. by a licensed septage hauler.

(2) Humus/Composting Toilets are certified for general use in new construction for residentialfacilities subject to the conditions set forth at 310 CMR 15.289(1)(a), where a system in fullcompliance with 310 CMR 15.000 could otherwise be installed on the site.




15.289: continued

(3) For commercial and public facilities or private organizations, humus/composting toilets arecertified for general use subject to the conditions at 310 CMR 15.289(1)(a) without the need todemonstrate that a system in full compliance with 310 CMR 15.000 could otherwise be installedon the site.

15.290: Shared Systems

(1) An Approving Authority may allow the use of shared systems, subject to any specialconditions established pursuant to 310 CMR 15.292, to serve two or more facilities that willresult from division of a Facility, for upgrade of existing systems, for new construction, or forincreased flow to an existing system, in accordance with 310 CMR 15.290 through 15.292.

(2) Any application for use of a shared system shall include the following:(a) complete plans and specifications for the system as required by 310 CMR 15.201through 15.255; (b) a proposed operation and maintenance plan for the shared system;(c) a description of the form of ownership which each component of the system servingmore than one Facility will take, together with relevant legal documentation describing orestablishing that ownership including, without limitation, easements, condominium masterdeed, or homeowners' association documents. All forms of private ownership of systemcomponents serving more than one Facility shall establish that each user of the system hasthe legal ability to accomplish any necessary maintenance, repair, or upgrade of thecomponent;(d) a description of the financial assurance mechanism proposed to ensure effective long-term operation and maintenance of the system. Acceptable financial assurance mechanismsmay include, but are not limited to, an escrow account, letter of credit, performance bond,or insurance policy, which names the Approving Authority as beneficiary, and whichprovides for upgrade of the shared system in the event the shared system fails to protectpublic health, safety, welfare or environment pursuant to the criteria established in 310 CMR15.303. A copy of the final financial assurance mechanism shall be provided to theApproving Authority prior to construction of the system; and(e) a copy of a proposed Grant of Title 5 Covenant and Easement essentially identical tothat contained in 310 CMR 15.000: Appendix 1 shall be recorded and/or registered with theappropriate Registry of Deeds and/or Land Registration Office within 30 days of theApproving Authority's approval of the Covenant and Easement. The applicant shall file acertified Registry copy of this Covenant and Easement with the Approving Authority within30 days of its date of recordation and/or registration, and prior to construction of the system.

(3) A Local Approving Authority may impose additional conditions on the use of sharedsystems under 310 CMR 15.000 only in accordance with 310 CMR 15.003(3).

15.291: Division of a Facility and Upgrades Using Shared Systems

(1) The Approving Authority may allow use of shared systems for upgrade of existing systemsor to serve two or more facilities that will result from division of a Facility without granting avariance pursuant to 310 CMR 15.410 through 15.413 only where:

(a) the proposed shared system satisfies all technical requirements of 310 CMR 15.100through 15.292 without the need for a variance except setbacks from property lines betweenfacilities served by the shared system;(b) there will be no new construction or increase in design flow from the facility or facilitiesto be served by the shared system; (c) the applicant proposes institutional arrangements as described in 310 CMR 15.290(2)(c),and records a Grant of Title 5 Covenant and Easement essentially identical to that containedin 310 CMR 15.000: Appendix 1, in accordance with 310 CMR 15.290(2)(e); and(d) the applicant provides the Approving Authority with the insurance policy or othercomparable financial assurance mechanism required pursuant to 310 CMR 15.290(2)(d).

(2) The use of shared systems for upgrade of existing systems in any situation not described in310 CMR 15.291(1) may only be approved through a variance.




15.291: continued

(3) A Local Approving Authority may impose additional conditions on the use of sharedsystems under 310 CMR 15.000 only in accordance with 310 CMR 15.003(3).

15.292: New Construction or Increased Flow to Existing Systems and Division of a Facility Using Shared Systems

(1) The Approving Authority may allow use of shared systems for new construction, increasedflow to existing systems, or to serve two or more Facilities that will result from division of aFacility without granting a variance only where:

(a) the proposed shared system satisfies all technical requirements of 310 CMR 15.100through 15.292 except setbacks from property lines between facilities served by the sharedsystem;(b) with the exception of a shared system serving a cluster development as defined in310 CMR 15.002, the applicant demonstrates that the design flow from the facility orfacilities to be served by the shared system does not exceed the design flow which could havebeen constructed in compliance with 310 CMR 15.000 without the use of a shared system;(c) the applicant proposes institutional arrangements as described in 310 CMR 15.290(2)(c)and records a Grant of Title 5 Covenant and Easement essentially identical to that containedin 310 CMR 15.000: Appendix 1, in accordance with 310 CMR 15.290(2)(e); and(d) the applicant provides the Approving Authority with the financial assurance mechanismrequired by 310 CMR 15.290(2)(d).

(2) The use of shared systems for new construction, for increased flow to existing systems orto serve two or more facilities that will result from division of a Facility in any situation notdescribed in 310 CMR 15.292(1) may only be approved through a variance. An application forshared system approval of an existing system to serve two or more facilities resulting fromdivision of a Facility is presumed to be for new construction where construction of any buildingserved by the system was completed within the five years prior to the filing of the application.

(3) A Local Approving Authority may impose additional conditions on the use of sharedsystems under 310 CMR 15.000 only in accordance with regulations adopted pursuant to310 CMR 15.003(3).

SUBPART D: INSPECTION AND MAINTENANCE OF SYSTEMS

15.300: Purpose and General Provisions

(1) The proper operation and maintenance of all systems is essential to their proper functioning,to the avoidance of public health hazards and to the protection of the environment. 310 CMR15.300 is intended to ensure the proper operation and maintenance of all systems. The goal ofsystem inspection is to provide sufficient information to make a determination as to whether ornot the system is adequate to protect public health and the environment. If any of the criteria orconditions listed on the inspection form and specified in 310 CMR 15.303 and 15.304 are met,the system is failing to protect public health or the environment and must be repaired, replacedor upgraded.

(2) The provisions of 310 CMR 15.303 and 15.304 represent an initial effort to identify andupgrade those failed systems which pose the greatest risk to public health and safety, and to thewaters of the Commonwealth.

(3) The Department shall produce educational materials suitable for distribution to the generalpublic describing the importance of proper maintenance and operation of on-site systems and theimpact of such systems on public health and the environment. In addition to its own distribution,the Department shall make such materials available to Local approving authorities and otherinterested persons.

(4) Any person owning or operating a facility on which an on site subsurface sewage treatmentand disposal system is installed shall be responsible for the inspection and maintenance of, andany necessary upgrades to, the system.



1/3/14 310 CMR - 548

15.300: continued

(5) Facilities with an increase in the nitrogen loading rate in accordance with 310 CMR15.262(6) and (7) shall be inspected annually. The inspection shall document at a minimum:whether the system has been continually operated as approved; if the system consists of agreywater filter, whether it is operating properly; and whether compost and blackwater aredisposed of off-site in accordance with all applicable laws and regulations. The results of eachannual inspection shall be submitted to the Department and the Local Approving Authority byJanuary 31 of the following year.st

15.301: System Inspection

(1) Inspection at Time of Transfer. Except as provided in 310 CMR 15.301(2), 15.301(3), and15.301(4), a system shall be inspected at or within two years prior to the time of transfer of titleto the facility served by the system. An inspection conducted up to three years before the timeof transfer may be used if the inspection report is accompanied by system pumping recordsdemonstrating that the system has been pumped at least once a year during that time. If weatherconditions preclude inspection at the time of transfer, the inspection may be completed as soonas weather permits, but in no event later than six months after the transfer, provided that theseller notifies the buyer in writing of the requirements of 310 CMR 15.300 through 15.305. Acopy of the complete inspection report shall be submitted to the buyer or other person acquiringtitle to the facility served by the system.

(2) The following transactions shall not be considered transfers of title for the purposes of310 CMR 15.301(1):

(a) taking a security interest in a property, including but not limited to issuance of amortgage;(b) refinancing a mortgage or similar instrument, whether or not the identity of the lenderremains the same;(c) a change in the form of ownership among the same owners, such as placing the facilitywithin a family trust of which the owners are the beneficiaries, or changing the proportionateinterests among a group of owners or beneficiaries;(d) adding or deleting a spouse as an owner or beneficiary; or a transfer between spousesduring life, out right or in trust; or the death of a spouse; (e) the appointment of or a change in a guardian, conservator, or trustee.

(3) Applicability to Specific Transfers of Title.(a) Units in a Condominium or Cooperative Corporation. The cooperative corporation orcondominium association shall be responsible for the inspection, maintenance, and upgradeof any system or systems serving the units, unless otherwise provided in the governingdocuments of the condominium association or the cooperative corporation. For a facilitycomprised of five or more condominium or cooperative units, each system located on thefacility shall be inspected at least once every three years instead of at time of transfer of titleand all existing systems shall be inspected by December 1, 1996. For a facility comprisedof fewer than five condominium or cooperative units:

1. each system located on the facility shall be inspected at least once every three yearsand all existing systems shall be inspected by December 1, 1996, or2. at the time of transfer of title of any unit, the system serving that unit shall beinspected in accordance with the time of transfer provisions of 310 CMR 15.301.



1/3/14 310 CMR - 561

15.354: continued

(2) Continued use of a septic tank where the tank is to become an integral part of a sanitarysewer system requires the prior written approval from the local municipal authority responsiblefor the operation of the sanitary sewer system.

(3) The following procedure shall be used to abandon a system:(a) Within 14 days prior to discontinuance of use of a system, the facility owner shall applyto the Approving Authority to abandon the existing system citing the reason(s) abandonmentis necessary, and where connection to municipal or private sanitary sewer has been made, acopy of the sewer connection permit shall be submitted with the application;(b) Upon receipt of the Approving Authority's written approval to abandon the system, theseptic tank shall be pumped of its entire contents by a licensed septage hauler; and(c) The tank shall be excavated and removed from the site, or the bottom of the tank shallbe opened or ruptured after being pumped of its content so as to prevent retainage of waterand the tank shall be completely filled with clean sand or other suitable material approvedin writing by the Approving Authority.

SUBPART E: PROCEDURES FOR SEEKING AND RECEIVING LOCAL UPGRADE APPROVALSAND VARIANCES FROM THE PROVISIONS OF SUBPARTS B AND C OF 310 CMR 15.000


(1) Except as set forth in 310 CMR 15.401 through 15.422, every application to construct,upgrade or expand a system shall be prepared, and the work therefore authorized pursuant to aDisposal System Construction Permit shall be conducted, in full compliance with the proceduraland technical requirements of 310 CMR 15.100 through 15.293.

(2) In general, full compliance with the provisions of 310 CMR 15.000 is presumed to benecessary for the protection of public health, safety, welfare and the environment. Any requeststo vary from the standards of 310 CMR 15.000 by means of a local upgrade approval or avariance shall be carefully reviewed by the Approving Authority and, where required, by theDepartment.

15.402: Use of Local Upgrade Approvals or Variances

(1) Local Upgrade Approvals may be granted by Local Approving Authorities without reviewby the Department for required or voluntary upgrade of failed or nonconforming systems withdesign flows below 10,000 gpd in accordance with the terms and provisions of 310 CMR 15.402through 15.405. Upgrade Approvals for required or voluntary upgrade of systems with designflows of 10,000 gpd or greater but less than 15,000 gpd which are failing to protect or are asignificant threat to public health, and safety, welfare and the environment as set forth in310 CMR 15.304 shall be approved by the Department.

(2) Proposals for new construction or for increase in flow to an existing system other than infull compliance with 310 CMR 15.100 through 15.293 must seek and obtain a variance from theApproving Authority in accordance with the terms and conditions of 310 CMR 15.410 through15.417.

15.403: Local Upgrade Approvals

(1) The owner or operator may upgrade a failed or nonconforming system with design flowsbelow 10,000 gpd (systems which trigger failure criteria set forth at 310 CMR 15.303) or systemswith design flows of 10,000 gpd or greater but less than 15,000 gpd which fail to protect publichealth, safety, welfare and the environment (large systems set forth at 310 CMR 15.304(1))pursuant to a local upgrade approval in accordance with the standards and requirements of310 CMR 15.404 and 15.405 without obtaining variances. Local upgrade approvals for anysystem serving a facility owned by an agency of the Commonwealth or the federal governmentor systems with design flows of 10,000 gpd or greater but less than 15,000 shall be granted bythe Department applying the same standards. The application for a local upgrade approval shallbe made using a form approved by the Department. Notification to abutters shall be providedpursuant to the process in 310 CMR 15.411(1)(b), as required by 310 CMR 15.405(2), where theapplication is for reduction in the setback from a property line or from a private water supplywell.




15.403: continued

(2) Local Upgrade approvals shall not be granted for upgrade proposals which include theaddition of new design flows to a cesspool or privy or for the addition of new design flows abovethe existing approved capacity of a system constructed in accordance with the provisions of310 CMR 15.000 or the 1978 Code.

(3) System upgrades which cannot be performed in accordance with 310 CMR 15.404 and15.405 require a variance from the provisions of 310 CMR 15.000, which shall be processed inaccordance with 310 CMR 15.410 through 15.417.

15.404: Maximum Feasible Compliance - Approvals for Upgrades

(1) Goal of full compliance. Wherever feasible, a failed or nonconforming system (other thansystems threatening public health, safety, welfare or the environment as described in310 CMR 15.304(2)) shall be brought into full compliance through installation of one or moreof the following:

(a) an upgraded system which is in full compliance with 310 CMR 15.100 through 15.293;(b) an alternative system which has been approved for such use pursuant to 310 CMR15.284 (remedial use), 15.285 (piloting), 15.286 (provisional approval), or 15.288(certification for general use);(c) an RSF or equivalent alternative technology where the system is located in a NitrogenSensitive Area and has a design flow of 2000 gpd or greater in accordance with 310 CMR15.202(1);(d) where proposed by the owner or operator, a shared system which has been approved forsuch use pursuant to 310 CMR 15.290 and 15.291; or(e) connection to a sewer system.

(2) Where failure of the system is solely due to failure of the septic tank, distribution box, soilabsorption system, piping, and/or building sewer, upgrade of that component(s) in fullcompliance with 310 CMR 15.000 shall be deemed to meet the goal of full compliance; providedthat the upgraded component functions properly with the other system components, the systemfunctions properly hydraulically, and the owner obtains a certificate of compliance from theApproving Authority for the component repaired or replaced. If other system failures arediscovered during upgrade of that component(s), such other system failures shall be upgradedin accordance with 310 CMR 15.405.

(3) When full compliance pursuant to 310 CMR 15.404(1) is not feasible, the ApprovingAuthority may issue a local upgrade approval authorizing upgrade of the system with the goalof maximizing protection of public health, safety, welfare and the environment to the maximumextent feasible. The following requirements shall not be varied by the Approving Authorityexcept as explicitly set forth in 310 CMR 15.404(3)(b) and (d):

(a) a septic tank with an effective liquid capacity providing no less than 24 hours ofretention time or 1000 gallons, whichever is greater, shall be provided unless the septic tankis an elevated tank constructed in accordance with 310 CMR 15.213 (construction in V-zones) in which case the effective liquid capacity may consist of a 500-gallon tank;(b) a minimum of four feet of separation between the bottom of the soil absorption systemand the high groundwater elevation shall be provided, using fill if necessary. The ApprovingAuthority may allow a three foot separation only in full compliance with 310 CMR15.405(1)(h).(c) a minimum of four feet of naturally occurring pervious soil below the entire area of thesoil absorption area and reserve area shall be provided;(d) the soil absorption system shall be designed to provide as much of the required area aspossible on the facility served or, if proposed by the owner or operator, on an abutting facilitypursuant to a valid recorded easement. The Approving Authority may reduce the requiredsoil absorption system area no more than 25%, as provided in 310 CMR 15.405(1).Reductions in the required subsurface disposal area in excess of 25% may only be varied bythe Department, and may require the installation of a Department-approved septic tankeffluent tee filter, dosing of portions of the soil absorption system on an alternating basis,and/or other measures to protect the integrity of the soil absorption system; and(e) the soil absorption system shall not be located within 100 feet of a surface water supplyor tributary to a surface water supply, within 50 feet of a private water supply well, or withinthe Zone I of a public water supply well.



CHAPTER NUMBER:

CHAPTER TITLE:

AGENCY:




ADDRESS:











Department of Environmental Protection

310 CMR 19.000

Solid Waste Management

Streamlines 310 CMR 19.000 by: 1) streamlining aspects of MassDEP permitting for transfer stations,

certain post-closure uses at closed landfills, and management of “Special Wastes”; 2) standardizing

and expanding the solid waste program’s use of third party inspections and reviews at solid waste

management facilities; and 3) standardizing certain other program requirements that have traditionally

been dealt with in facility permits.

M.G.L. Chapter 111, section 150A

James Doucett 617-292-5868

1 Winter St., Boston, MA.

Notifications to: Executive Office of Energy and Environmental Affairs 11/30/12; LGAC 11/30/12; DPH,

DPU, SEC, EPA on 11/30/12; Notice published in the Boston Globe and the Worcester Telegram &

Gazette 12/14/12 and comment period extended with notice in the Boston Globe 2/9/13

1/14/13, 1/16/13, 1/17/13, 1/23/13 and 1/24/13

Docket # 593





No fiscal effect:






SIGNATURE: DATE:



EFFECTIVE DATE:



SIGNATURE ON FILE


1254 02/14/2014

01/30/2014 cm

02/14/2014

Jan 30 2014

Permitting/certification costs will decrease, cost for third party inspections

may increase..

(Same)

1/28/14

Solid waste, landfills, transfer stations, combustion facilities, certifications, permits by rule, permits,

Amends the current solid waste regulations, 310 CMR 19.000.

601 - 636

641 - 646

649 & 650

667 & 668

675 - 682

689 & 690

601 - 636

641 - 646

649 - 650.2

667 & 668

675 - 682

689 & 690




2/14/14 310 CMR - 601

310 CMR 19.000: SOLID WASTE MANAGEMENT

PART I: GENERAL REQUIREMENTS, PROCEDURES AND PERMITS

19.001: Authority19.002: Purpose19.003: Applicability19.004: Severability19.005: Computation of Time19.006: Definitions19.007: Access Rights of the Department19.008: Accurate and Timely Submittals19.009: Accurate and Complete Record Keeping19.010: Accurate Monitoring19.011: Signatories, Certification and Engineer's Supervision19.012: Determinations by the Department19.013: Exemptions19.014: Prohibition on Open Dumps and Dumping Grounds and Illegal Disposal of Solid Waste19.015: Compliance19.016: Post-closure Use19.017: Waste Bans19.018: Third-party Inspections19.028: Requirements for Construction, Operation, Modification or Expansion of a Solid Waste Management Facility19.029: Applicable Permit and Certification Procedures for Construction, Operation, Modification or Expansion of a Solid Waste Management Facility19.030: Application for a Solid Waste Management Facility Permit19.032: Permit Procedure for a New Facility or Expansion Permit Application19.033: Permit Procedure for an Application for a Permit Modification or Other Approval19.034: Presumptive Approval Procedure19.035: Transfer Station Certifications19.036: Department's Modification, Suspension or Revocation of a Permit19.038: Review Criteria for a New or Expanded Facility Permit or Permit Modification19.041: Authorization to Construct19.042: Authorization to Operate19.043: Conditions for Permits and Other Approvals19.044: Transfer of Permits19.045: Facility Closure and Post-closure19.050: Private Facility Tax19.051: Financial Assurance Requirements19.060: Beneficial Use of Solid Wastes19.061: Special Waste19.062: Demonstration Projects or Facilities(19.070: Operator Certification Requirements: Reserved)19.080: Variances19.081: Enforcement Provisions19.082: Penalties19.083: Enforcement of Minimum Recycling Requirements

PART II: LANDFILL DESIGN AND OPERATIONAL STANDARDS

19.100: Preamble19.101: Applicability19.102: Definitions19.103: Additional Requirements19.104: Landfill Facility Plan19.105: Equivalency Review Standards and Procedures19.106: Quality Assurance and Quality Control Requirements19.107: Construction Certification19.110: Ground Water Protection Systems19.111: Alternative Ground Water Protection System Design



2/14/14 310 CMR - 602

Section: continued

19.112: Landfill Final Cover Systems19.113: Alternative Landfill Final Cover System Design19.114: Ground Water Protection System and Final Cover Waivers19.115: Storm Water Control19.116: Surface and Ground Water Protection19.117: Air Quality Protection Systems19.118: Ground Water, Surface Water and Gas Monitoring Systems19.119: Design Requirements for Ash Landfills19.120: Design Requirements for Woodwaste Landfills19.121: Landfill Gas Recovery Operations19.130: Operation and Maintenance Requirements19.131: Additional Operation and Maintenance Requirements for Landfills that Accept Ash19.132: Environmental Monitoring Requirements19.133: Maintenance of Environmental Control and Monitoring Systems19.140: Landfill Closure Requirements19.141: Notice of Landfill Operation19.142: Landfill Post-closure Requirements19.143: Post-closure Use of Landfills19.150: Landfill Assessment Requirements19.151: Corrective Action Requirements

PART III: TRANSFER STATION DESIGN AND OPERATIONS STANDARDS

19.200: Preamble19.201: Applicability19.202: Definitions19.203: Additional Requirements(19.204: Handling Facility Plan: Reserved)19.205: Handling Facility Design Requirements19.206: Construction and Demolition (C&D) Waste Processing Facilities Requirements19.207: Handling Facility Operation and Maintenance Requirements

CLASS II RECYCLING PROGRAM

19.300: Preamble19.301: Applicability19.302: Definitions19.303: Class II Recycling Program

19.001: Authority

310 CMR 19.000 is promulgated by the Commissioner and the Department of EnvironmentalProtection pursuant to the authority granted by St. 1987, c. 584, M.G.L. c. 21A, §§ 2 and 8 andc. 111, § 150A.

19.002: Purpose

310 CMR 19.000 is intended to protect public health, safety and the environment bycomprehensively regulating the storage, transfer, processing, treatment, disposal, use and reuseof solid waste in Massachusetts. Protection of public health, safety and the environment isprimarily the prevention of pollution from the site, but also encompasses the operation of thefacility within an integrated solid waste management system which maximizes material reuse andthe conservation of energy.

19.003: Applicability

310 CMR 19.000 shall apply to all solid waste management activities and facilities including,without limitation, landfills, dumping grounds, transfer stations, solid waste combustionfacilities, solid waste processing and handling facilities, recycling facilities, refuse compostingfacilities and other works or sites for the storage, transfer, treatment, processing or disposal ofsolid waste and the beneficial use of solid waste.



2/14/14 310 CMR - 603

19.004: Severability

It is hereby declared that the provisions of 310 CMR 19.000 are severable, and if anyprovision hereof or the application thereof to any person or circumstance is held invalid, suchinvalidity shall not affect other provisions of 310 CMR 19.000, and the application thereof topersons or circumstances which can be given effect without the invalid provision or application.

19.005: Computation of Time

Unless otherwise specifically provided by law or 310 CMR 19.000, any determination issuedpursuant to 310 CMR 19.000, or any time period prescribed or referred to in 310 CMR 19.000shall begin with the first day following the act which initiates the running of the time period, andshall include every calendar day, including the last day of the time period so computed. If thelast day is a Saturday, Sunday, legal holiday, or any other day in which the Department's officesare closed, the deadline shall run until the end of the next business day. If the time periodprescribed or referred to is six days or less, only days when the offices of the Department areopen shall be included in the computation.

19.006: Definitions

For purposes of 310 CMR 19.000, the following words and phrases shall have the followingmeanings unless the content clearly indicates otherwise:

Abutter means the owner of land sharing a common boundary or corner with the site of theproposed activity in any direction, including, but not limited to, land located directly across astreet, way, creek, river, stream, brook or canal.

Access Road means a roadway or course providing access to a facility, or areas within a siteassigned area, from a public way or other road that is not under the control of the operator.

Action Leakage Rate (ALR) means the quantity of liquid collected from a the leak detectionsystem of a double liner system over a specified period of time which, when exceeded, requirescertain actions to be taken as described in a plan approved by the Department.

Active Landfill means a landfill that has an authorization to operate pursuant to 310 CMR 19.042and for which the Department has not approved facility closure completion pursuant to 310 CMR19.140(6).

Adverse Impact means an injurious impact which is significant in relation to the public health,safety, or environmental interest being protected.

Agricultural Material means organic materials produced from the raising and processing of plantsand animals as part of agronomic, horticultural, aquacultural or silvicultural operations,including, but not limited to, animal manures, animal products and by-products (includingcarcasses), bedding materials and plant materials.

Airport means any air navigation facility certificated by the Massachusetts AeronauticsCommission (MAC) under provisions of M.G.L. c. 90, and airports operated by theMassachusetts Port Authority.

Airport Zone means the area surrounding an airport that is within 10,000 feet (3,048 meters) ofany airport runway used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airportrunway used by only piston type aircraft.

Applicant means the person named in the application as the owner of a property interest in thesite or the operator of the proposed facility where the owner has entered into an agreement withan operator at the time the application is filed.

Aquifer means a geologic formation, group of formations, or part of a formation capable ofyielding a significant amount of ground water to wells or springs.



2/14/14 310 CMR - 604

19.006: continued

Asbestos Waste means Asbestos-containing Material and Asbestos-containing Waste Materialas defined in 310 CMR 7.00: Air Pollution Control.

Ash means the residual by-product of a thermal combustion/reduction process, including all ashfractions (bottom, fly, boiler and economizer ash).

Asphalt Pavement, Brick and Concrete means asphalt pavement, brick and concrete fromconstruction activities and demolition of buildings, roads and bridges and similar sources.

Bedrock means cemented or consolidated earth materials exposed on the earth's surface orunderlying unconsolidated earth materials.

Beneficial Use means the use of a material as an effective substitute for a commercial productor commodity.

Bird Hazard means a hazard to aircraft created by an increase in the likelihood of bird/aircraftcollisions.

Board of Health means the legally designated health authority of the city, town or other legallyconstituted governmental unit within the Commonwealth having the usual powers and duties ofthe board of health of a city or town, or its authorized agent or representative; provided, that inany case in which a waste disposal facility extends into the geographic areas of two or moreboards of health, said boards may coordinate activities in effecting compliance with 310 CMR19.000 for the management of solid wastes.

Bulky Wastes means waste items of unusually large size including but not limited to largeappliances, furniture, large auto parts, stumps, trees, branches, brush.

Cathode Ray Tube (CRT) means any intact, broken, or processed glass tube used to provide thevisual display in televisions, computer monitors and certain scientific instruments such asoscilloscopes.

Cell means a discrete portion of a landfill that contains or is designed to contain compacted solidwaste enclosed by natural soil or other non-waste materials.

Clean Gypsum Wallboard means gypsum wallboard that is not contaminated with paint,wallpaper, joint compound, adhesives, nails, or other substances after manufacture. Gypsumwallboard means a panel (also known as drywall) with a gypsum core and faced with a heavypaper or other material on both sides.

Clean Wood means discarded material consisting of trees, stumps, and brush, including but notlimited to sawdust, chips, shavings, bark, and new or used lumber. Clean wood does not include:

(a) wood from commingled construction and demolition waste;(b) engineered wood products; and(c) wood containing or likely to contain:

1. asbestos;2. chemical preservatives such as, but not limited to, chromated copper arsenate (CCA),creosote or pentachlorophenol; or3. paints, stains or other coatings, or adhesives.

Closed Landfill means a landfill for which the Department has determined that the facilityclosure has been completed or has approved a post-closure monitoring plan pursuant to310 CMR 19.140.

Closure means the act or process of deactivating a facility in compliance with the approvedfacility final closure plan and applicable closure requirements.

Combustion Facility means a facility employing an enclosed system using controlled flamecombustion, the primary purpose of which is to thermally break down solid wastes, producingash that contains little or no combustible materials.



2/14/14 310 CMR - 605

19.006: continued

Commercial Products means of or relating to goods. Commercial products are often unrefined,produced and distributed in large quantities for use. A commercial product may be solid like aconcrete block, or loose like aggregate drainage material. A commercial product may bemanufactured or produced using solely secondary materials.

Commercial Solid Waste means all types of solid waste generated by stores, offices, institutions,restaurants, warehouses, and other non-manufacturing activities, or similar types of solid wastegenerated from manufacturing operations. Commercial Solid Waste does not include solid wastegenerated in a residence or in a manufacturing or industrial process.

Commissioner means the Commissioner of the Department of Environmental Protection or hisor her designee.

Composting or Composted means a process of accelerated biodegradation of organic materialsusing microorganisms under controlled conditions in the presence of oxygen using windrows orpiles, including but not limited to, covered aerated piles or bays. For the purposes of 310 CMR19.000, composting is not aerobic digestion or conversion.

Composite Liner means a groundwater protection system that is composed of two or more lowpermeability layers where, typically, the upper layer consists of FML (flexible membrane liner)or Geomembrane in direct contact with the lower layer consisting of a low permeability soiland/or a geosynthetic clay liner (GCL).

Construction and Demolition Waste (C&D) Processing Facility means a handling facility whereconstruction and demolition waste is brought, stored and processed (usually by sorting, crushing,shredding, screening, etc.) prior to reuse or transport to a solid waste disposal facility or to othertypes of facilities for recycling, recovery or reuse.

Construction and Demolition Waste (C&D) means the waste building materials and rubbleresulting from the construction, remodeling, repair or demolition of buildings, pavements, roadsor other structures. Construction and demolition waste includes but is not limited to, concrete,bricks, asphalt pavement, masonry, plaster, gypsum wallboard, metal, lumber and wood.

Construction and Demolition Waste (C&D) Transfer Station means a transfer station permittedby the Department to accept 50 tons per day or more of construction and demolition waste. AC&D waste transfer station may accept other types of solid waste in accordance with its permit.

Cover Material means soil or other materials that can be placed in one or more layers over solidwaste for control of vectors, fires, odors, percolation of water into a landfill, grading, support ofvegetation and related environmental or engineering purposes.

Critical Contaminant of Concern (CCC) means contaminants identified by the Department to beof particular concern due to their toxicity, persistence, ability to bio-accumulate, or widespreadoccurrence.

Cumulative Receptor Cancer Risk means that risk as defined in 310 CMR40.0000: Massachusetts Contingency Plan. As of October 7, 2005 Cumulative Receptor CancerRisk is defined at 310 CMR 40.0000 as follows: the sum of the estimated excess lifetime cancerrisks associated with exposure to all oil and/or hazardous material at or from a disposal site atall exposure points for a given receptor.

Cumulative Receptor Non-cancer Risk means that risk as defined in 310 CMR40.0000: Massachusetts Contingency Plan. As of October 7, 2005 Cumulative Receptor Non-cancer Risk is defined at 310 CMR 40.0000 as follows: a calculation of the possibility of non-cancer health effects associated with exposure to all oil and/or hazardous material at or from adisposal site at all exposure points identified for a given receptor. The Hazard Index is ameasure of the Cumulative Receptor Non-cancer Risk.



2/14/14 310 CMR - 606

19.006: continued

Current Operations means those areas of a solid waste management facility which had been filledwith refuse, were in active use for management of solid wastes or were under construction as ofJuly 1, 1990.

Department means the Department of Environmental Protection.

Destructive Practices means any process that requires the demolition of commercial products thatwere manufactured using secondary materials.

Discharge means the accidental or intentional spilling, leaking, pumping, emitting, emptying,dumping or placement of any solid waste into or on any land or water so that such solid wasteor any constituent thereof may enter the environment or be emitted into the air or discharged intoany waters, including groundwater.

Disposal means the final dumping, landfilling or placement of solid waste into or on any landor water or the combustion of solid waste.

Disposal Facility means any combustion facility or any landfill.

Double Liner means a groundwater protection system that is comprised of two liners that areseparated by a drainage layer that provides a leak detection function by collecting any leachatethat leaks through the primary liner.

Downgradient means:(a) in reference to surface water, the direction perpendicular to lines of equal elevation overa distance in which elevation continuously decreases, measured from the point or area inquestion; or(b) in reference to groundwater, the direction perpendicular to lines of equipotential overa distance in which total head continuously decreases, measured from the point or area inquestion.

Dumping Ground means a facility or place used for the disposal of solid waste from one or moresources which is not established or maintained pursuant to a valid site assignment or permit inaccordance with M.G.L. c. 111, § 150A, 310 CMR 16.00: Site Assignment Regulations for SolidWaste Facilities or 310 CMR 19.000.

Equipment means any item of machinery or implement used in the operation or maintenance ofa facility.

Expansion means:(a) For a landfill, a horizontal or vertical increase in the size of the landfill beyond thehorizontal or vertical limits specified or approved in the permit; and(b) For a transfer station:

1. In the case of a transfer station permitted by the Department to accept less than 50tons per day (TPD), an increase in the tonnage acceptance limits approved in the permitthat would result in the facility accepting 50 TPD or more; and2. In the case of a transfer station permitted by the Department to accept 50 TPD ormore, an increase in the tonnage acceptance limits of more than 25% beyond the limitsapproved in the permit, determined on a cumulative basis since the last new or expandedtransfer-station permit was issued to the facility.

(c) For any other handling facility or combustion facility, an increase in the tonnageacceptance limits beyond the tonnage limits approved in the facility permit.

Exposure means exposure as defined in 310 CMR 40.0000: Massachusetts Contingency Plan.As of October 7, 2005 Exposure is defined at 310 CMR 40.0000 as follows: any contact withor ingestion, inhalation or assimilation of oil and/or hazardous material, including, withoutlimitation, irradiation.



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19.006: continued

Exposure Pathway means exposure as defined in 310 CMR 40.0000: MassachusettsContingency Plan. As of October 7, 2005 Exposure is defined at 310 CMR 40.0000 as follows:The mechanism by which human or environmental receptors inhale, consume, absorb, orotherwise take in oil and/or hazardous material at an exposure point.

Exposure Point means that point as defined in 310 CMR 40.0000: Massachusetts ContingencyPlan. As of October 7, 2005 Exposure Point is defined at 310 CMR 40.0000 as follows: alocation of potential contact between a human or environmental receptor and a release of oiland/or hazardous material. An Exposure Point may describe an area or zone of potentialexposure, as well as a single discrete point.

Exposure Point Concentration means that concentration as defined in 310 CMR40.0000: Massachusetts Contingency Plan. As of October 7, 2005 Exposure PointConcentration is defined at 310 CMR 40.0000 as follows: the concentration of oil or hazardousmaterial in a specific medium which a human or environmental receptor may contact at anExposure Point.

Facility means a site or works, and other appurtenances thereto, which is, has been or will beused for the handling storage, transfer, processing, treatment or disposal of solid waste includingall land, structures and improvements which are directly related to solid waste activities.

Factor of Safety means the ratio of the breaking stress of a structure to the estimated maximumstress in ordinary use.

Fault means a fracture or a zone of fractures in any material along which strata on one side havebeen displaced with respect to those on the other side.

Flexible Membrane Liner (FML) or Geomembrane Liner means a continuous layer of low-permeability flexible polymeric material beneath, on the sides and/or on the top of a landfill orlandfill cell.

Floodplain means an area which floods from a rise in a bordering waterway or waterbody andis the maximum lateral extent of flood water which will result from the statistical 100 yearfrequency storm. This boundary shall be determined using the data available through theNational Flood Insurance Program (NFIP) as administered by the Federal EmergencyManagement Agency (FEMA), except where the Department determines that more accurateinformation is available.

Geologic Formation means the basic stratigraphic unit which is a mappable lithologic entitycharacterized by a particular rock type or types.

Geonet or Geocomposite means a synthetic material with its primary function designed tofacilitate drainage.

Geosynthetic Clay Liner (GCL) means a liner material that is comprised of a layer of sodiumbentonite clay (or similar low permeability clay) either sandwiched and mechanically securedbetween two materials (typically synthetic) or chemically bonded to a synthetic material to createa continuous low permeability layer or liner.

Geotextile means a permeable synthetic material that can be a woven, nonwoven, composite, orknitted product, etc. that fulfills several functions in civil engineering, especially separation,filtration, drainage and protection.

Ground Water means water below the land surface in a saturated zone.

Groundwater Protection System means an engineered system that may include withoutlimitation, liners and barrier structures; leachate collection, storage and disposal systems;drainage systems and/or other technologies intended to prevent the migration of leachate into andcontamination of the groundwater.



2/14/14 310 CMR - 608

19.006: continued

Handling means storing, transferring, processing or treating of a material or solid waste.

Handling Area means an area used for the transfer, storage, processing or treatment of solidwaste, excluding weigh stations or access roads.

Handling Facility means any facility that is not a disposal facility and that is used for the storage,processing or treatment of solid waste.

Hazardous Material means that material as defined in 310 CMR 40.000: MassachusettsContingency Plan. As of October 7, 2005 Hazardous Material is defined at 310 CMR 40.0000as follows: material, including, but not limited to, any material in whatever form which, becauseof its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious orradioactive characteristics, either separately or in combination with any substance or substances,constitutes a present or potential threat to human health, safety, welfare, or to the environment,when improperly stored, treated, transported, disposed of, used, or otherwise managed. The termshall not include oil, but shall include waste oil and all those substances which are includedunder 42 U.S.C. § 9601(14), but it is not limited to those substances. The term shall alsoinclude, but is not limited to, material regulated as hazardous waste or recyclable material under310 CMR 30.000: Hazardous Waste.

Hazardous Waste means any waste that is defined and regulated under 310 CMR30.000: Hazardous Waste.

Holocene means the most recent epoch of the Quaternary period, extending from the end of thePleistocene Epoch to the present.

Household Hazardous Waste means hazardous waste generated by households but which is notsubject to the Hazardous Waste Regulations pursuant to 310 CMR 30.104: Wastes Subject toExemption From 310 CMR 30.000 except as provided in 310 CMR 30.390: Special Provisionsfor Accumulation of Household Hazardous Waste and/or Hazardous Waste Generated by VerySmall Quantity Generators.

Hydrogeologic Study means a detailed study designed to define and assess the geologic andhydrologic character of a given area focusing on existing or potential water quality impacts.

Interim Wellhead Protection Area (IWPA) means that area defined by 310 CMR 22.00:Drinking Water. As of October 7, 2005 Interim Wellhead Protection Area is defined at310 CMR 22.00 as follows: for public water systems using wells or wellfields that lack aDepartment approved Zone II, the Department will apply an interim wellhead protection area.This interim wellhead protection area shall be a ½ mile radius measured from the well orwellfield for sources whose approved pumping rate is 100,000 gpd or greater. For wells orwellfields that pump less than 100,000 gpd, the IWPA radius is proportional to the approvedpumping rate which may be calculated according to the following equation: IWPA radius in feet= (32 x pumping rate in gallons per minute) + 400. A default IWPA radius or an IWPA radiusotherwise computed and determined by the Department shall be applied to transient non-community (TNC) and non-transient non-community (NTNC) wells when there is no meteredrate of withdrawal or no approved pumping rate.

Landfill means a facility or part of a facility established in accordance with a valid siteassignment for the disposal of solid waste into or on land.

Leachate means a liquid that has passed through or emerged from solid waste and which maycontain soluble or suspended material from such waste.

Leak Detection System means a secondary leachate collection system or other means that canboth detect the presence of leachate which has leaked through the primary liner and identify thearea of the primary liner through which the leachate has leaked.



2/14/14 310 CMR - 609

19.006: continued

Liner means an engineered layer or layers of recompacted soils and/or synthetic materialsdesigned to restrict the movement of leachate into ground water and to facilitate the collectionof leachate. "Liner" may refer to one or more low permeability layers in a ground waterprotection system.

Lithified Earth Material means all rock, including all naturally occurring and naturally formedaggregates or masses of minerals or small particles of older rock formed by crystallization ofmagma or by induration of loose sediments. Lithified Earth Material does not include man-madematerials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil or regolithlying at or near the earth surface.

Lower Explosive Limit (LEL) means the lowest percent by volume of a mixture of explosivegases in air that will propagate a flame at 25°C and atmospheric pressure.

Maintain means to establish, keep or sustain the presence of a facility on a site, whether or notsuch facility is in operation or has been closed.

Maximum High Groundwater Table means the highest seasonal elevation of the surface of theZone of Saturation that has been historically documented or calculated.

Maximum Horizontal Acceleration in Lithified Earth Material means the maximum expectedhorizontal acceleration depicted on a seismic hazard map, with a 90% or greater probability thatthe acceleration will not be exceeded in 250 years, or the maximum expected horizontalacceleration based on a site-specific seismic risk assessment.

Medical or Biological Waste means Medical or Biological Waste as defined in 105 CMR480.000: Minimum Requirements for the Management of Medical or Biological Waste (StateSanitary Code Chapter VIII).

MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H.

MEPA Process means an environmental review process required for projects subject to301 CMR 11.00: MEPA Regulations.

Mercury-added Product means a product to which the manufacturer intentionally introducesmercury, including, but not limited to, electric lamps, thermostats, automotive devices, electricswitches, medical or scientific instruments, electric relays or other electrical devices, but notincluding products made with coal ash or other products that are incorporated into equipmentused to manufacture semiconductor devices, elemental mercury in pre-capsulated form that issold, distributed or provided to a dental practitioner for use in compliance with the department’sregulations concerning amalgam wastewater and recycling for dental facilities, or mercury-addedformulated products. Mercury-added Product includes mercury-added components that areincorporated into larger products.

Metal means ferrous and non-ferrous metals derived from used appliances, building materials,industrial equipment, transportation vehicles, and manufacturing processes.

Monitor means to systematically measure, inspect and/or collect data on the performance of afacility or on its existing or potential impact on the land, air, ground and surface waters.

Monitoring Well means a well designed to facilitate the down-hole measurement of groundwaterand/or gas levels and the collection of groundwater and/or gas samples.

Municipal Solid Waste means any residential or commercial solid waste.

No Significant Risk means that risk as defined in 310 CMR 40.000: Massachusetts ContingencyPlan. As of October 7, 2005 No Significant Risk is defined at 310 CMR 40.0000 as follows: alevel of control of each identified substance of concern at a site or in the surroundingenvironment such that no such substance of concern shall present a significant risk of harm tohealth, safety, public welfare or the environment during any foreseeable period of time.



2/14/14 310 CMR - 610

19.006: continued

Open Burning means burning under such conditions that the products of combustion are emitteddirectly to the ambient air space and are not conducted thereto through a stack, chimney, duct,or pipe. Open burning includes above or underground smoldering fires.

Open Dump means a facility which is operated or maintained in violation of the ResourceConservation and Recovery Act (42 U.S.C. 4004(a)(b)), or the regulations and criteriapromulgated thereunder relative to solid waste disposal.

Operator means any person who has care, charge or control of a facility subject to 310 CMR19.000, including without limitation, an agent or lessee of the owner or an independentcontractor.

Opportunity to Recycle or Compost means financial or operational participation in a coordinatedrecycling or composting program between the applicant and the applicant's waste sources.

Owner means any person who alone or in conjunction with others has legal ownership, aleasehold interest, or effective control over the real property upon which a facility is located, orthe airspace above said real property; “owner” does not mean persons holding bare legal title forthe purpose of providing security for financing.

Person(s) means any individual, partnership, association, firm, company, corporation,department, agency, group, public body (including a city, town, district, county, authority, state,federal, or other governmental unit) or any other entity responsible in any way for an activitysubject to 310 CMR 19.000.

Pollution means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,injecting, escaping, leaching, dumping or disposing of any material which, because of itsquantity, concentration or other characteristics, does or may result in an adverse impact tohuman, plant or animal life or to property, or may unreasonably interfere with the comfortableenjoyment of life or property.

Post-closure means a finite period of time commencing after the closure of a facility has beencompleted and approved by the Department, during which the Department may require sitemonitoring, care and maintenance.

Post-consumer Recyclables means the following materials which have served their intended enduse and have been pre-sorted:

(a) containers, films and wraps and other forms of packaging made from metal, glass,plastic or paper; and (b) newspaper, office paper, cardboard and other grades of paper.

Potential Private Water Supply means a portable water supply as defined in 314 CMR 5.11:Ground Water Standards, capable of yielding water of sufficient quality and quantity which islocated under a parcel of land that at the time of the earlier of the following two filings, the SiteAssignment Application or, where applicable, the Massachusetts Environmental Policy ActEnvironmental Notification Form, is:

(a) zoned residential or commercial;(b) not served by a public water supply; and(c) subject to a subdivision plan or a building permit application approved by theappropriate municipal authority.

Potential Public Water Supply means a drinking water source which, at the time of the earlierof the following two filings, the Site Assignment Application, or where applicable, theMassachusetts Environmental Policy Act Environmental Notification Form, has been determinedto be capable of yielding water of sufficient quality and quantity for future development as apublic water supply, and either:

(a) has been designated and received Departmental approval under the Guidelines andPolicies for Public Water Systems; or(b) has had the necessary documentation submitted on its behalf for determination as aPotential Public Water Supply as defined by the Department's Division of Water Supply.



2/14/14 310 CMR - 611

19.006: continued

Pre-sort means to separate from solid waste and to keep separate from solid waste. Pre-sortingdoes not require the separation of components that are integral to that material (e.g. insulationor electronic components in white goods).

Primary Composite Liner means a composite liner that is the uppermost liner in a double linersystem.

Primary Leachate Collection System means the uppermost leachate collection system.

Primary Liner means the uppermost liner in a ground water protection system composed of twoor more liners.

Private Water Supply means a well used as a source of drinking water supplying a non-publicwater system with any volume of groundwater from any source.

Processing means the use of any method, technique or process to alter the physical characteristicsof a material or solid waste through any means, including, without limitation, separating, baling,shredding, crushing or reworking. Storage alone does not constitute processing.

Public Water Supply means a source of drinking water supplying a public water system asdefined in 310 CMR 22.00: Drinking Water.

QA/QC means quality assurance/quality control.

Recharge Area means an area through which water enters an aquifer. See "Zone II".

Recyclable or Recyclable Material means a material that has the potential to be recycled andwhich is pre-sorted. Recyclable material includes biodegradable paper, but does not include:

(a) organic materials that will be composted or converted; or (b) construction and demolition waste unless it has been separated, and kept separate, intoat least the following categories: asphalt, brick and concrete; wood; metals; plaster andwallboard; roofing materials; and carpet.

Recycle means to recover materials or by-products which will be:(a) Reused; or(b) Used as an ingredient or a feedstock in an industrial or manufacturing process to makea marketable product; or(c) Used in a particular function or application as an effective substitute for a commercialproduct or commodity.

Recycle does not mean to recover energy from the combustion of a material or to create a fuel.Recycle does not include composting or conversion.

Refuse means solid waste.

Residual means all waste remaining after treatment or processing. Residual remaining aftertreatment or processing is not pre-sorted material. Air and water discharges managed inaccordance with applicable regulations are not residuals.

Responsible Official means an individual who is duly authorized to bind the entity (e.g., but notlimited to, a corporation, limited liability company, partnership, public entity, sole proprietorshipor trust) which is subject to 310 CMR 19.000.

Restricted Materials means any material subject to a waste restriction under 310 CMR 19.017.

Saturated Zone or Zone of Saturation means the area beneath the land surface in which the voidsin the rock or soil are filled with water.

Secondary Composite Liner means a composite liner that is the lowest liner in a double linersystem.



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19.006: continued

Secondary Leachate Collection System means the leachate collection system lying between theuppermost or primary liner and the secondary liner and is designed to collect leachate which hasleaked through the primary liner.

Secondary Liner means the liner that is below the uppermost or primary liner and is separatedfrom the primary liner by a leachate collection system in a ground water protection systemcomposed of two or more liners.

Secondary Material means a waste material that has characteristics that make it an effectivesubstitute for an ingredient in an existing or new product or commodity.

Secretary means the Secretary of the Executive Office of Environmental Affairs.

Seismic Impact Zone means an area with a 10% or greater probability that the maximumhorizontal acceleration in lithified earth material, expressed as a percentage of the earth'sgravitational pull, will exceed 0.10g in 250 years.

Site means any building, structure, place or area where solid waste is or will be stored,transferred, processed, treated, disposed, or otherwise come to be located.

Site Assignment means a determination by a board of health or by the Department as specifiedin M.G.L. c. 111, § 150A that:

(a) designates an area of land for one or more solid waste uses subject to conditions withrespect to the extent, character and nature of the facility that may be imposed by the assigningagency after a public hearing in accordance with M.G.L. c.111, § 150A; or(b) establishes that an area of land was utilized as a site for the disposal onto land of solidwaste or as a site for a refuse disposal incinerator prior to July 25, 1955, as provided in St.1955, c. 310, § 2. The area of land assigned under 310 CMR 19.006: Site Assignment(b)shall be limited to the lateral limits of the waste deposition area (“the footprint”), or the areaoccupied by the incinerator, as they existed on July 25, 1955, except as otherwise approvedby the Department in approved plans. Said assignment shall apply only to uninterruptedsolid waste disposal activities within the footprint or plan approved area and shall have nolegal force or effect at any time after the cessation of disposal activities except as otherwiseprovided at 310 CMR 16.21: Alternative Use of Assigned Site.

Sludge means the accumulated solids and/or semisolids deposited or removed by the processingand/or treatment of gasses, water or other fluids.

Sole Source Aquifer means an aquifer so designated by the U.S. Environmental ProtectionAgency, or by the Department under the authority of a state program as may be established, thatsupplies 50% or more of the drinking water for the aquifer service area, and the volume of waterwhich could be supplied by alternative sources is insufficient to replace the petitioned aquifershould it become contaminated.

Solid Waste or Waste means useless, unwanted or discarded solid, liquid or contained gaseousmaterial resulting from industrial, commercial, mining, agricultural, municipal or householdactivities that is disposed or is stored, treated, processed or transferred pending such disposal,but does not include:

(a) hazardous wastes as defined and regulated pursuant to 310 CMR 30.000: HazardousWaste;(b) sludge or septage which is land applied in compliance with 310 CMR 32.00: LandApplication of Sludge and Septage;(c) wastewater treatment facility residuals and sludge ash from either publicly or privatelyowned wastewater treatment facilities that treat only sewage and which is treated and/ordisposed at a site regulated pursuant to M.G.L. c. 83, §§ 6 and 7 and/or M.G.L. c. 21, §§ 26through 53 and the regulations promulgated thereunder, unless the wastewater treatmentresiduals and/or sludge ash are co-disposed with solid waste;



2/14/14 310 CMR - 613

19.006: continued

(d) septage and sewage as defined and regulated pursuant 314 CMR 5.00: Ground WaterDischarge Permit Program, and regulated pursuant to either M.G.L. c. 21, §§ 26 through 53or 310 CMR 15.00: The State Environmental Code, Title 5: Standard Requirements for theSiting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment andDisposal Systems and for the Transport and Disposal of Septage, provided that 310 CMR19.000 does apply to solid waste management facilities which co-dispose septage and sewagewith solid waste;(e) ash produced from the combustion of coal when reused as prescribed pursuant toM.G.L. c. 111, § 150A;(f) solid or dissolved materials in irrigation return flows;(g) source, special nuclear or by-product material as defined by the Atomic Energy Act of1954;(h) those materials and by-products generated from and reused within an originalmanufacturing process;(i) materials which are recycled, composted, or converted in compliance with 310 CMR16.03: Exemptions From Site Assignment, 310 CMR 16.04: General Permit for Recycling,Composting or Aerobic and Anaerobic Digestion Operations; or 310 CMR 16.05: Permitfor Recycling, Composting or Conversion (RCC) Operations; and(j) organic material when handled at a Publicly Owned Treatment Works as defined in314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for WastewaterTreatment Works and Indirect Dischargers and as approved by the Department pursuant to314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for WastewaterTreatment Works and Indirect Dischargers.

Solid Waste Management Facility (See Facility).

Special Waste means any solid waste that is determined not to be a hazardous waste pursuant to310 CMR 30.000: Hazardous Waste and that exists in such quantity or in such chemical orphysical state, or any combination thereof, so that particular management controls are requiredto prevent an adverse impact to the public health, safety or the environment from the collection,transport, transfer, storage, processing, treatment or disposal of the solid waste.

Storage means temporary containment of a material or solid waste in a manner which does notconstitute disposal.

Storage Facility means a handling facility where solid waste is stored.

Surface Water means all bodies of water natural or artificial, inland or coastal, fresh or salt,public or private within the territorial limits of the Commonwealth of Massachusetts.

Third-party Inspection means an inspection conducted by a third-party inspector in accordancewith 310 CMR 19.018.

Third-party Inspector means an individual registered with the Department to conduct third-partyinspections in accordance with 310 CMR 19.018.

Tires means a continuous solid or pneumatic rubber covering intended for use on a motorvehicle.

Transfer Station means a handling facility where solid waste is brought, stored and transferredfrom one vehicle or container to another vehicle or container for transport off-site to a solidwaste treatment, processing or disposal facility.

Treatment means the use of any method, technique or process to change the chemical, orbiological character or composition of any solid waste; to neutralize such waste; to render suchwaste safer to transport, store or dispose; or make such waste amenable to recovery, storage orvolume reduction.

Upgradient means:(a) in reference to surface water, the direction perpendicular to lines of equal elevation overa distance in which elevation continuously increases, measured from the point or area inquestion; or



2/14/14 310 CMR - 614

19.006: continued

(b) in reference to groundwater, the direction perpendicular to lines of equipotential overa distance in which total head continuously increases, measured from the point or area inquestion.

Upper Concentration Limits means ceiling concentrations established for hazardous materialswhen contained in secondary material intended for beneficial use.

Unsaturated Zone means the zone between the land surface and the nearest saturated zone.

Unstable Area means a location that is susceptible to natural or human-induced events or forcescapable of impairing the integrity of some or all of the landfill structural components responsiblefor preventing releases from a landfill. Unstable areas include, but are not limited to, areasproviding inadequate foundation support and areas of mass movement including landslides,avalanches, debris slides and flows, block sliding and rock fall.

Vector means an organism that is capable of transmitting a pathogen from one organism toanother including, but not limited to, flies and other insects, rodents, birds, and vermin.

Water Table means the upper elevation of the surface of the saturated zone.

Watershed means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005Watershed is defined at 310 CMR 22.00 as follows: the area contained within geomorphic ortopographic boundaries of higher elevations which cause surface water and/or groundwater todrain or flow to lower elevations into water used as a public water system source.

Wetlands means any land or water area subject to M.G.L. c. 131, § 40 or resource areas regulatedpursuant to 310 CMR 10.00: Wetlands Protection.

White Goods means appliances employing electricity, oil, natural gas or liquified petroleum gasto preserve or cook food; wash or dry clothing, cooking or kitchen utensils or related items; orcool or heat air or water.

Wood means treated and untreated wood, including woodwaste.

Yard Waste means deciduous and coniferous seasonal deposition (e.g., leaves), grass clippings,weeds, hedge clippings, garden materials and brush.

Zone A means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005Zone A is defined at 310 CMR 22.00 as follows:

(a) the land area between the surface water source and the upper boundary of the bank;(b) the land area within a 400 foot lateral distance from the upper boundary of the bank ofa Class A surface water source, as defined in 314 CMR 4.05: Classes and Criteria(3)(a); and(c) the land area within a 200 foot lateral distance from the upper boundary of the bank ofa tributary or associated surface water body.

Zone B means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005Zone B is defined at 310 CMR 22.00 as follows: the land area within ½ mile of the upperboundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), oredge of watershed, whichever is less. However, Zone B shall always include the land area withina 400-foot lateral distance from the upper boundary of the bank of the Class A surface watersource.

Zone C means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005Zone C is defined at 310 CMR 22.00 as follows: the land area not designated as Zone A or Bwithin the watershed of a Class A surface water source as defined at 314 CMR 4.05(3)(a).

Zone of Contribution means the recharge area that provides water to a well.



2/14/14 310 CMR - 615

19.006: continued

Zone I means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005Zone I is defined at 310 CMR 22.00 as follows: the protective radius required around a publicwater supply well or wellfield. For public water system wells with approved yields of 100,000gpd or greater, the protective radius is 400 feet. Tubular wellfields require a 250-foot protectiveradius. Protective radii for all other public water system wells are determined by the followingequation: Zone I radius in feet = (150 x log of pumping rate in gpd) - 350. This equation isequivalent to the chart in the Guidelines and Policies for Public Water Systems. A default Zone Iradius or a Zone I radius otherwise computed and determined by the Department shall be appliedto transient non-community (TNC) and non-transient non-community (NTNC) wells when thereis no metered rate of withdrawal or no approved pumping rate.

Zone II means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005Zone II is defined at 310 CMR 22.00 as follows: that area of an aquifer which contributes waterto a well under the most severe recharge and pumping conditions that can be realisticallyanticipated (i.e., pumping at the safe yield of the well for 180 days without any natural rechargeoccurring); it is bounded by the groundwater divides which result from pumping the well and bycontact of the edge of the aquifer with less permeable materials such as till and bedrock. Atsome locations, streams and lakes may form recharge boundaries. For the purposes of 310 CMR19.000, a Zone II area is one which has been defined and delineated in accordance with theDepartment's Division of Water Supply Guidelines for Public Water Systems, September, 1984Supplement to the 1979 edition.

19.007: Access Rights of the Department

310 CMR 19.007 relates to the rights of the Department to enter properties and to obtain andreview information to verify compliance with M.G.L. c. 21A, §§ 2 and 8, St. 1987, c. 584,M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A½, and/or 310 CMR 19.000, in the handling,management, transfer, processing, storage, treatment, disposal, use or reuse of solid waste.

(1) Access to Facilities and Properties. At all reasonable times and without prior notice,personnel or authorized representatives of the Department may enter any facility or otherproperty where solid waste has been, is being, or may be, placed, disposed, stored, transferred,handled, managed, processed, treated, used or reused, for the purposes of: protecting the publichealth, safety or the environment; preventing or abating nuisances; assessing, preventing orremediating damage to the environment; or determining or enforcing compliance; provided thatpersonnel or authorized representatives of the Department present Department-issuedidentification and receive the consent of the owner, operator or person in control of said facilityor property. Notwithstanding the foregoing, personnel or authorized representatives of theDepartment may enter a facility or property without such consent as authorized by the conditionsof any authorization, determination, modification, permit, or other approval, by the conditionsof any consent order or other consented to enforcement document, if emergency conditionsrequire immediate entry, or as otherwise authorized by law.

(2) During Inspection. After entry, personnel or authorized representatives of the Departmentmay investigate, sample, photograph, or inspect any records, condition, equipment, practice,operation or property and make examinations and evaluations of a facility or other propertyspecified in 310 CMR 19.007(1) to determine and enforce compliance with M.G.L. c. 21A, §§ 2and 8, St. 1987, c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A½ and/or 310 CMR19.000 or take or arrange for actions authorized by M.G.L. c. 21H, § 4.

(3) Access to Information. Where necessary to ascertain facts relevant to compliance or toactual or potential harm to public health or safety, actual or potential nuisances, or actual orpotential damage to the environment that may be caused by the handling, management, transfer,processing, storage, treatment, disposal, use or reuse of solid waste or relevant to the truth,accuracy and completeness of any submittals to the Department, including but not limited to, theauthority of any responsible official, the Department may request and any person shall, withina reasonable time, furnish the requested information and shall permit said Department personnelor authorized representatives to have access to and to copy or to take images of, all recordsrelating thereto.



2/14/14 310 CMR - 616

19.007: continued

(4) Duty to Cooperate. The owner and operator of a facility or other property and the personpossessing information as specified in 310 CMR 19.007(3) shall in no way restrict, impede, ordelay an inspection or requests for information by personnel or authorized representatives of theDepartment where such inspection and requests are made pursuant to a reasonable request inaccordance with 310 CMR 19.007 or with the conditions of any authorization, consentdetermination, modification, permit, or other approval, or pursuant to the conditions of any orderor other consented to enforcement document, or as otherwise authorized by law.

(5) Warrants. Upon denial of access or if the Department cannot locate with reasonable effortsthe owner, operator or person in control of a facility or property, or upon refusal of a person toprovide information requested, the Department may seek, from a court, judge, justice ormagistrate, a warrant authorizing personnel or authorized representatives of the Department toconduct a reasonable search of the facility or property, or to obtain the information requested.310 CMR 19.007(5) shall not preclude the Department from gaining access through other legalmeans, including, but not limited to, a court order or injunctive relief.

19.008: Accurate and Timely Submittals

(1) Accurate Submittals. No person shall make any false, inaccurate, or misleading statementin any application, document, information or statement which that person submits or is requiredto submit to the Department pursuant to 310 CMR 19.000, or any permit, order or approvalissued by the Department.

(2) Timely Submittals. Any application, document, information or statement which any personis required to submit to the Department shall be submitted within the time period prescribed in310 CMR 19.000, or any permit, order or approval issued by the Department unless otherwisespecified by the Department.

19.009: Accurate and Complete Record Keeping

No person shall make any false or misleading statement in any record, report, plan, file, log,or register which that person keeps or is required to keep, pursuant to 310 CMR 19.000, or anypermit, order, or approval issued by the Department. Any record keeping which any person isrequired to perform shall be promptly, fully, and accurately performed and shall otherwise be incompliance with 310 CMR 19.000, and any permit, order or approval issued by the Department.

19.010: Accurate Monitoring

No person shall falsify, tamper, or render inaccurate any monitoring device or method whichany person maintains, or which is required to be maintained pursuant to 310 CMR 19.000, or anypermit, approval or order issued by the Department. Any monitoring which any person isrequired to perform shall be promptly, fully and accurately performed and shall otherwise be incompliance with 310 CMR 19.000, and any order, permit or approval issued by the Department.

19.011: Signatories, Certification and Engineer's Supervision

(1) Signatories and General Certification. Any application for a permit, authorization toconstruct, authorization to operate, permit modification, and any determination, certification,report and any other document submitted to the Department pursuant to 310 CMR 19.000, shallbe signed by the appropriate responsible official. Any person required by 310 CMR 19.000 orany order or other enforcement document issued by the Department, to submit any document tothe Department shall identify himself or herself by name, profession, and relationship to theapplicant and legal interest in the facility, and make the following statements:

I, [name of responsible official], attest under the pains and penalties of perjury that:(a) I have personally examined and am familiar with the information contained in thissubmittal, including any and all documents accompanying this certification statement;(b) based on my inquiry of those persons responsible for obtaining the information, theinformation contained in this submittal is, to the best of my knowledge, true, accurate,and complete;(c) I am fully authorized to bind the entity required to submit these documents and tomake this attestation on behalf of such entity; and



2/14/14 310 CMR - 617

19.011: continued

(d) I am aware that there are significant penalties, including, but not limited to, possibleadministrative and civil penalties for submitting false, inaccurate, or incompleteinformation and possible fines and imprisonment for knowingly submitting false,inaccurate, or incomplete information; and(e) (for a responsible official submitting a third-party inspection report pursuant to310 CMR 19.018(8)(b)1.) The facility [name of facility] provided any informationrequired by 310 CMR 19.018 and requested by the third-party inspector in a timelyfashion and any employee or contractor of [name of facility] did not unduly influence thethird-party inspector; and(f) (for a responsible official submitting a transfer station certification pursuant to19.035(4)):

1. I have accurately stated whether the transfer station is in compliance with itspermit and all other applicable requirements in 310 CMR 16.00: Site AssignmentRegulations for Solid Waste Facilities and 19.000 including, but not limited to,310 CMR 19.043; 2.I have accurately identified any and all violations of 310 CMR 16.00: SiteAssignment Regulations for Solid Waste Facilities or 19.000 or the terms andconditions of any permits or other approvals issued thereunder by theDepartment; 3. If the transfer station is not in compliance, I have stated what the owner andoperator will do to return the transfer station to compliance and the date by whichcompliance will be achieved; and,4. Plans and procedures to maintain compliance are in place at the transferstation and will be maintained even if processes or operating procedures arechanged.

(2) Engineering Supervision. 310 CMR 19.011(2) does not apply to any documents submittedto the Department pursuant to 310 CMR 19.018. All papers pertaining to design, construction,operation, maintenance, or engineering of a site or a facility shall be completed under thesupervision of a Massachusetts registered professional engineer knowledgeable in solid wastefacility design, construction and operation and shall bear the seal, signature and discipline of saidengineer. The soils, geology, air modeling, air monitoring and groundwater sections of anapplication or monitoring report shall be completed by competent professionals experienced inthe fields of soil science and soil engineering, geology, air modeling, air monitoring andgroundwater, respectively, under the supervision of a Massachusetts registered professionalengineer. All mapping and surveying shall be completed by a registered surveyor.

19.012: Determinations by the Department

(1) Burden. Where an applicant is seeking a permit, determination, authorization or approvalfrom the Department the applicant has the burden of establishing, on the basis of credibleevidence from a competent source, such facts as are necessary to meet the conditions and criteriaset forth in the applicable provisions of 310 CMR 19.000.

(2) Additional Information. In addition to such submissions as the applicant may make, theDepartment may accept and rely upon credible evidence from other competent sources.

19.013: Exemptions

(1) Facilities and Operations Not Subject to 310 CMR 19.000. Any facility or operation exemptfrom site assignment by the Site Assignment for Solid Waste Facilities Regulations, 310 CMR16.00: Site Assignment Regulations for Solid Waste Facilities, is exempt from the requirementsof 310 CMR 19.000.

(2) Permit Exemptions for Facilities Undertaking Actions Pursuant to M.G.L. c. 21E. Solidwaste management facilities undertaking an emergency action or remedial action pursuant toM.G.L. c. 21E, and the regulations promulgated thereunder, shall not be required to obtain anyadditional permits or authorizations pursuant to 310 CMR 19.000, in order to carry out theactions ordered or directed by the Department pursuant to M.G.L. c. 21E and any regulations orpolicies promulgated thereunder.



2/14/14 310 CMR - 618

19.014: Prohibition on Open Dumps and Dumping Grounds and Illegal Disposal of Solid Waste

(1) No person shall establish, construct, operate or maintain a dumping ground or operate ormaintain a landfill in Massachusetts in such manner as to constitute an open dump. For thepurpose of 310 CMR 19.014, the phrase "establish, construct, operate or maintain" shall includewithout limitation, disposing or contracting for the disposal of refuse in a dumping ground oropen dump.

(2) No person shall dispose or contract for the disposal of solid waste at any place inMassachusetts which has not been approved by the Department pursuant to M.G.L. c.111,§ 150A, 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities or 310 CMR19.000.

(3) No person shall dispose or contract for the disposal of solid waste at any facility inMassachusetts that is not approved to manage the particular type of solid waste being disposed.

19.015: Compliance

No person shall construct, modify, operate or maintain a facility except in compliance witha site assignment, permit or plan approved by the board of health or the Department, asapplicable, and any authorizations issued by the Department and all conditions included in apermit, approval or authorization for said facility.

19.016: Post-closure Use

No person shall use a solid waste management facility site for any purpose after closurewithout:

(a) obtaining a written approval from the Department for any post-closure use on a landfill'sfinal cover or affecting an appurtenance to said landfill, including but not limited to,appurtenances required for the management of leachate, landfill gas and stormwater; or(b) submitting a valid certification in accordance with 310 CMR 19.035 for a post-closureuse at a transfer station which is not a C&D transfer station; or (c) obtaining a presumptive approval in accordance with 310 CMR 19.034 for any othertype of post-closure use at a solid waste facility not subject to 310 CMR 19.016(1)(a) or (b).

19.017: Waste Bans

(1) Purpose. The Department may restrict or prohibit the disposal, or transfer for disposal, ofcertain components of the solid waste stream when it determines that:

(a) disposal of the material presents a potential adverse impact to public health, safety orthe environment; or(b) a restriction or prohibition will result in the extension of the useful life or capacity ofa facility or class of facilities or reduce its environmental impact; or (c) a restriction or prohibition will promote reuse, waste reduction, or recycling.

(2) General and Specific Restrictions. Where the Department makes a determination to restrictor prohibit the disposal, or transfer for disposal, of a particular material it may:

(a) require as a condition of issuance of a permit that a facility prohibit or limit the disposal,or transfer for disposal, of particular types of material.(b) require as a condition of continued operation under an existing plan approval or permitthat a facility or a class of facilities prohibit or limit the disposal, or transfer for disposal, ofparticular types of material; or(c) determine that a specific facility or class of facilities are not approved for the disposalof particular types of material and may not contract for the disposal of particular types ofmaterial. For the purpose of 310 CMR 19.017 disposal or contract for disposal shall include,but not be limited to:

1. entering into an agreement to dispose or transport for disposal of materials restrictedfrom disposal in violation of 310 CMR 19.000; 2. depositing restricted materials for collection, contracting for the collection of suchmaterials or collecting or transporting such materials in a manner which results in thedisposal of materials in violation of 310 CMR 19.000; or3. intentionally contaminating or co-mingling with solid waste pre-sorted materialrestricted from disposal which would result in the need to dispose of said material inviolation of 310 CMR 19.000.



2/14/14 310 CMR - 619

19.017: continued

(3) Compliance with Waste Restrictions.(a) Effective on the dates specified in 310 CMR 19.017(3): Table restrictions on thedisposal or transfer for disposal of the materials listed therein shall apply as specified. Noperson shall dispose, transfer for disposal, or contract for disposal or transport of therestricted material, except in accordance with the restriction established in 310 CMR19.017(3): Table. Any person who disposes, transfers for disposal or contracts for disposalor transport of restricted material may be subject to enforcement by the Department pursuantto 310 CMR 19.081.(b) No landfill, transfer facility or combustion facility shall accept the restricted materialexcept to handle, recycle or compost the material in accordance with a plan submittedpursuant to 310 CMR 19.017(6) and approved by the Department.(c) On the effective date of the restrictions on Cathode Ray Tubes (CRTs), specified in310 CMR 19.017(3): Table, all persons shall segregate CRTs from the solid waste stream.

Table 310 CMR 19.017(3)

Restricted Material

Effective Date ofRestriction forLandfills or Com-bustion Facilities

Effective Date ofRestriction forTransfer Facilities

Restriction

Lead Batteries December 31, 1990 April 1, 2000 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Leaves December 31, 1991 April 1, 2000 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Tires December 31, 1991 April 1, 2000 Ban on disposal or transfer fordisposal of whole tires only atlandfills. Tires must be shreddedprior to disposal in landfills.

White Goods December 31, 1991 April 1, 2000 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Other Yard Waste December 31, 1992 April 1, 2000 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Aluminum Containers December 31, 1992 April 1, 2000 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Metal or GlassContainers

December 31, 1992 April 1, 2000 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Single Polymer Plastics December 31, 1994 April 1, 2000 Ban on disposal orincineration or transfer for disposal ata solid waste disposal facility

Recyclable Paper December 31, 1994 April 1, 2000 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Cathode Ray Tubes April 1, 2000 April 1, 2000 Ban on disposal, incineration, ortransfer for disposal, at a solid wastedisposal facility



2/14/14 310 CMR - 620

19.017: continued

Table 310 CMR 19.017(3) (continued)

Restricted MaterialEffective Date ofRestriction forLandfills or Com-bustion Facilities

Effective Date ofRestriction for

Transfer FacilitiesRestriction

Asphalt Pavement,Brick and Concrete

July 1, 2006 July 1, 2006 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Metal July 1, 2006 July 1, 2006 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Wood July 1, 2006 July 1, 2006 Ban on disposal or transfer fordisposal at landfills

Clean GypsumWallboard

July 1, 2011 July 1, 2011 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

Commercial OrganicMaterial

October 1, 2014 October 1, 2014 Ban on disposal or incineration ortransfer for disposal at a solid wastedisposal facility

(4) Criteria for Determinations of Waste Restrictions on Other Materials. In determiningwhether to restrict or prohibit the disposal of other materials the Department may consider:

(a) the nature and degree of potential adverse impacts;(b) the quantities of restricted materials generated;(d) the economic impact on the facility, class of facilities or generators subject to therestriction;(e) such other factors as the Department deems relevant to such a determination.(c) the availability of non-disposal management options for the restricted materials;

(5) Exceptions. The Department may allow a facility or person to temporarily dispose ortemporarily contract for the disposal of restricted materials, with prior notification and approvalof the Department, under the following circumstances:

(a) the material is contaminated or is otherwise not acceptable for recycling or composting,provided that the person who contaminated or rendered the material unfit for recycling orcomposting takes any action necessary to prevent a recurrence of the conditions whichcontaminated or rendered the material unfit; or(b) the recycling or composting operation or end user to which the restricted material isnormally sent declines to accept the material or is prohibited from accepting the material asa result of an administrative or judicial order, provided that an alternative recycling orcomposting operation or storage facility which will accept the material

(6) Waste Ban Plan Submissions.(a) The permittee or operator shall submit a plan, or modify an existing approved plan toinclude newly banned materials, which describes the actions to be taken to comply with therestrictions imposed at 310 CMR 19.017(3). The plan shall be submitted to the appropriateregional office of the Department.(b) The waste ban plan shall address the following:

1. Ongoing waste stream monitoring of all incoming loads, including:a. monitoring procedures;b. unacceptable quantities and de minimus acceptable quantities; andc. record keeping.

2. Comprehensive load inspections, including:a. loads not subject to comprehensive load inspections;b. load selection;c. inspection procedures;d. unacceptable quantities and de minimus acceptable quantities; ande. record keeping.



2/14/14 310 CMR - 621

19.017: continued

3. Facility response to failed loads, including:a. communication; and b. failed load disposition.

4. Other compliance plan elements, including:a. training;b. signage; andc. annual waste ban report.

(c) In determining the adequacy of a plan the Department may consider, without limitation:the anticipated quantities and sources of restricted materials; the contractual terms whichaffect the delivery of said materials; the expected maximum and minimum percentages ofdiversion of said materials prior to delivery to the facility and capture of said materials at thefacility; the design, operational, educational, informational, financial and marketingmechanisms to be employed to achieve compliance with the restriction; and the weighing andrecord keeping systems by which the Department can verify compliance with the restriction.(d) Facilities shall submit such plans at least 90 days prior to the effective date of the ban.The schedule shall not limit the Department from requiring submission of a plan as part ofan application for a new or existing facility permit or modification of a permit or planapproval.

(7) Compliance with Waste Ban Plan. Failure to comply with approved plans submittedpursuant to 310 CMR 19.017(6) or applicable permit conditions shall constitute a violation of310 CMR 19.000. The Department may allow de minimis quantities of restricted materials, asdetermined by the Department, to be disposed by the facility. The Department may require, inlieu of an enforcement action described in 310 CMR 19.081, a modified plan to be submittedwhen restricted materials are being disposed of in excess of approved amounts.

19.018: Third-party Inspections

(1) Purpose. 310 CMR 19.018 sets forth third-party inspection requirements for specific typesof facilities.

(2) Applicability.(a) The third-party inspection requirements at 310 CMR 19.018 shall apply to the followingtypes of facilities and to individuals who conduct third-party inspections at such facilities:

1. active landfills; 2. closed landfills; 3. handling facilities; 4. combustion facilities; and 5. other solid waste activities or facilities, as determined by the Department.

(b) Effective Date. The third-party inspection requirements of 310 CMR 19.018 shall beeffective 180 days from February 14, 2014.(c) Existing Third party Inspection Requirements. Where a facility has an existingthird-party inspection requirement established in a permit or enforcement document issuedprior to February 14, 2014 the facility shall use that inspection frequency (in the existingpermit or enforcement document) if it is more frequent than the frequency specified in310 CMR 19.018. All other requirements of 310 CMR 19.018 shall apply to such third-partyinspections.(d) Nothing in 310 CMR 19.000 shall be construed to limit the Department fromdetermining that more frequent third-party inspections or more stringent requirements forthird-party inspections are required for a facility. When deemed necessary by the Department,such alternate inspection frequency or more stringent requirements shall be set forth in thefacility's permit, authorization to operate, or other written approval, order or other documentissued by the Department.

(3) Types of Inspections. The owner and operator of a facility listed at 310 CMR 19.018(2)(a)shall have the following types of third-party inspections conducted at the facility in accordancewith the performance standards and other requirements of 310 CMR 19.018:

(a) facility operation and maintenance inspections;(b) waste ban inspections at any facility with a waste ban compliance plan approved by theDepartment in accordance with 310 CMR 19.017; and (c) any other third-party inspection as directed by the Department.



2/14/14 310 CMR - 622

19.018: continued

(4) General Requirements for Owners and Operators.(a) Each owner and operator of a facility shall ensure that the facility:

1. is inspected by a third-party inspector who is registered with the Department pursuantto 310 CMR 19.018(5);2. is inspected according to the frequency and the performance standards set forth in310 CMR 19.018(6) and (7); and3. submits copies of all third-party inspection reports to the Department in accordancewith 310 CMR 19.018(8).

(b) The owner and operator shall not conduct their own third-party inspections and shall notretain any of the following individuals to conduct such third-party inspection:

1. a person with daily on-site responsibility for the operation or management of thefacility to be inspected;2. a person with a financial interest in such facility;3. a spouse, parent, child, or sibling of the owner or operator;4. the spouse, parent, child, or sibling of any employee of the owner or operator;5. an employee of the owner or operator; provided that a municipal owner or operatormay retain as a third-party inspector a municipal employee from a department, board oroffice of the municipality that is separate from the department, board or office of themunicipality that owns or operates the facility (e.g., a municipal engineer or board ofhealth agent may inspect a transfer station managed by the municipality's department ofpublic works).

(c) The owner and operator shall allow the third-party inspector full access to the facilityand its records related to any solid waste activities carried out at the facility, for the purposeof performing any activity related to conducting the third-party inspection or preparing thethird-party inspection report, provided that the owner and operator may deny the third-partyinspector access to confidential or proprietary business information. The owner and operatorshall in no way restrict, impede, or delay a third-party inspection. (d) The owner and operator shall inform the third-party inspector when the owner oroperator or any of his or her employees learns of the date of the third-party inspection inadvance of the third-party inspection.(e) The owner and operator shall provide true, accurate and complete information which isnot misleading to the third-party inspector.

(5) General Requirements, Registration and Qualifications for Third Party Inspectors. (a) Third-party Inspector Requirements. Each individual performing inspections pursuantto 310 CMR 19.018 shall have the continuing duty to meet the following performancestandards to ensure that his or her registration is maintained pursuant to 310 CMR 19.018(5):

1. be registered according to the process set forth in 310 CMR 19.018(5)(b) prior toconducting any third-party inspection pursuant to 310 CMR 19.018;2. file with the Department an updated qualifications statement every two years that issigned and certified in accordance with 310 CMR 19.011(1);3. file with the Department an updated qualifications statement within 30 days whenthere is a change in the individual's licensure status or professional standing;4. complete all training requirements required under 310 CMR 19.018;5. personally conduct and complete third-party inspections in accordance with theperformance standards in 310 CMR 19.018(6) and (7);6. prepare accurate and complete third-party inspection reports in accordance with theperformance standards in 310 CMR 19.018(6) and (7) and submit third-party inspectionreports to facility owners and operators in accordance with the requirements of 310 CMR19.018(8);7. not make any false, inaccurate, incomplete or misleading statements in anythird-party inspection report; and8. provide any information regarding third-party inspections to the Department uponrequest as soon as possible but in no event more than seven business days followingreceipt of the request.



2/14/14 310 CMR - 623

19.018: continued

(b) Registration. To be eligible to conduct a third-party inspection required by 310 CMR19.018, an individual shall register with the Department in advance by filing a qualificationsstatement. The qualifications statement is a self-certification by an individual, on a formprovided by the Department, documenting that he or she meets or exceeds the minimumqualification requirements set forth at 310 CMR 19.018(5)(c) for the specific type or typesof third-party inspection that said individual may be retained to conduct. The qualificationsstatement shall include:

1. all relevant professional licenses and certifications that the individual currently holds,including but not limited to:

a. Registered professional engineer (PE); b. Registered sanitarian (RS); c. Solid waste operator license(s); d. Solid Waste Association of North America (SWANA) certification(s); e. Licensed site professional (LSP); orf. Asbestos inspector licensure and certification by the Massachusetts Departmentof Labor Standards;

2. specific academic degrees that the individual has received; 3. specific solid waste training that the individual has successfully completed, such asSWANA training or Department waste ban training; and4. relevant experience in the solid waste management field.

(c) Third-party Inspector Qualifications. An individual may qualify to conduct one or moretypes of third-party inspection, as follows:

1. General Qualifications. In order to be qualified to conduct any type of third-partyinspections pursuant to 310 CMR 19.018, a third-party inspector shall have in-depthknowledge and understanding of solid waste management laws, regulations andrequirements applicable to the specific type or types of third-party inspections that saidindividual may be retained to inspect;2. Waste Ban Inspector Qualifications. In order to be qualified to conduct a waste baninspection at a facility pursuant to 310 CMR 19.018(7), the third-party inspector shallhave successfully completed the Department's waste ban training course and anysubsequent training required by the Department.3. Facility Operation and Maintenance Inspector Qualifications. In order to be qualifiedto conduct a facility operation and maintenance inspection pursuant to 310 CMR19.018(6), a third-party inspector shall, at a minimum, have the following combinationof credentials, experience and training:

a. Credentials.i. be a registered Massachusetts professional engineer in good standing, or aregistered Massachusetts sanitarian in good standing, or a Massachusetts licensedsite professional in good standing, each of which must have three or more yearsof full-time professional experience, or part-time equivalent, as set forth310 CMR 19.018(5)(c)3.b.; orii. have a Bachelor's degree in engineering or in a physical or biological sciencewith three or more years of full-time professional experience, or part-timeequivalent, as set forth in 310 CMR 19.018(5)(c)3.b.; oriii. have a Bachelor's degree with five or more years of full-time professionalexperience, or part-time equivalent, as set forth in 310 CMR 19.018(5)(c)3.b.

b. Experience. The third-party inspector shall have full-time professionalexperience, or part-time equivalent experience, of the following type(s) in the solidwaste management field:

i. managing a solid waste facility;ii. designing or engineering solid waste facilities; iii. inspecting solid waste facilities; oriv. other solid waste experience regarding the operation or management of solidwaste facilities.

c. Training. The third-party inspector shall have successfully completed anytraining required by the Department.



2/14/14 310 CMR - 624

19.018: continued

4. C&D Processing Facility Operation and Maintenance Inspector Qualifications. Inorder to conduct a facility operation and maintenance inspection of a C&D wasteprocessing facility or C&D waster transfer facility, a third-party inspector shall, at aminimum, have all of the credentials, training and experience set forth in 310 CMR19.018(5)(c)1. and 3. and either shall have an Asbestos Inspector license and classroomcertification from the Massachusetts Department of Labor Standards or sub-contract withan individual who has such license and classroom certification for conducting asbestos-related inspection activities.

(d) List of Registered Third-Party Inspectors.1. The Department shall create and maintain a list of those individuals who haveregistered as third-party inspectors.2. After the first submittal of a qualifications statement by an individual for the purposeof being listed as a third-party inspector pursuant to 310 CMR 19.018(5), the Departmentmay make a written determination, including the reasons therefore, not to list thatindividual if the Department determines in its sole discretion that the qualificationsstatement:

a. is incomplete; b. does not contain information sufficient to demonstrate that the individual meetsthe minimum qualifications set forth at 310 CMR 19.018(5) to conduct at least oneof the types of third-party inspections required therein; or c. contains information that is not true, accurate or otherwise contains false ormisleading information.

(e) Removal from List or Change in Listed Qualification Status.1. The Department may make a written determination, including the reasons therefore,to remove an individual from the list of third-party inspectors or to change the status ofthe third-party inspector's qualifications (e.g., to reflect a change in status from qualifiedfor all inspection types to qualified for certain types of third-party inspections), if theDepartment determines in its sole discretion that the third-party inspector:

a. has submitted a qualifications statement that is not true, accurate or otherwisecontains false or misleading information;b. has failed to meet one or more of the requirements listed at 310 CMR19.018(5)(a);c. is no longer qualified to conduct one or more types of third-party inspections;d. has a pattern of conducting inspections that do not meet the regulatoryrequirements; ore. has a pattern of submitting reports that do not meet the required standards.

2. Any determination by the Department pursuant to 310 CMR 19.018(5) shall be inwriting and shall state the reason(s) for removing the individual from the list of third-party inspectors or changing the status of the individual's qualifications.3. A third-party inspector may at any time notify the Department that he or she wantsto be removed from the list of registered third-party inspectors or change his or her status.

(f) Reconsideration and Appeal Rights.1. Any individual who is omitted or removed from the list of registered third-partyinspectors by the Department, or whose status on the list the Department has changed,may submit a written request to the Department for reconsideration of its determination.Said request shall be postmarked within 21 days of the issuance of the Department'sdetermination. The Department may request a meeting with the individual. TheDepartment shall respond in writing to the reconsideration request and shall state thereasons for omitting or removing the individual. Such determination on the request forreconsideration shall not become effective until 22 days after issuance or after issuanceof a final decision in an adjudicatory hearing, whichever is later. Failure to submit awritten request for reconsideration in a timely manner shall be deemed to be a waiver ofthe individual's right to request an adjudicatory hearing.



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2. Any individual who receives a determination on reconsideration pursuant to310 CMR 19.018(5)(f)1. has the right to request an adjudicatory hearing from theDepartment. Any such individual shall be deemed to have waived such right unless theindividual delivers, within 21 days of the date of issuance of the Department's writtendetermination on reconsideration, a request for an adjudicatory hearing that complieswith the requirements of 310 CMR 1.01: Adjudicatory Proceeding Rules for theDepartment of Environmental Protection. Any individual who is aggrieved by a finaldecision in an adjudicatory hearing regarding a determination on reconsideration issuedpursuant to 310 CMR 19.018(5)(f)1. may obtain judicial review thereof in accordancewith the provisions of M.G.L. c. 30A, § 14.

(6) Performance Standards for a Third-party Facility Operation and Maintenance Inspection.(a) General Performance Standards.

1. During a facility operation and maintenance inspection, a third-party inspector shallassess a facility's operation and maintenance practices and procedures to determinewhether the facility is in compliance with all applicable requirements, including, but notlimited to, requirements set forth in:

a. 310 CMR 19.000;b. the facility’s operation and maintenance plan;c. orders or other enforcement documents issued to the facility; andd. other solid waste permits, approvals, determinations and authorizations issued tothe facility by the Department.

2. Prior to conducting a third-party facility operation and maintenance inspection, thethird-party inspector shall identify and review all solid waste requirements applicable tothe operation and maintenance of the facility, including but not limited to thoserequirements identified in 310 CMR 19.018(6)(a)1.3. During each third-party inspection, in order to complete an assessment of thefacility's compliance with all applicable requirements as set forth in 310 CMR19.018(6)(a)1., the third-party inspector shall examine and evaluate the facility's solidwaste activities, equipment, operations, practices, procedures, and records relevant to thetype of third-party inspection being conducted, including without limitation:

a. the status and condition of operating and monitoring equipment, structures,appurtenances and devices related to the solid waste activities carried out at thefacility;b. each operational aspect of the facility related to solid waste handling, processing,recycling, storage and disposal, including but not limited to:

i. vehicle weighing and recording of scale data;ii. tipping areas and the unloading of incoming materials;iii. inspection and handling of incoming and outgoing waste, recyclablematerials and other materials regulated by the Department; andiv. types and quantities of waste and materials received or stored at the facility;

c. status of all facility record-keeping required by;i. 310 CMR 19.000;ii. the facility's operation and maintenance plan;iii. orders or other enforcement documents issued to the facility; andiv. other solid waste permits, approvals, determinations and authorizationsissued to the facility by the Department;v. provided that the owner and operator may deny the third-party inspectoraccess only to confidential or proprietary business information;

d. material or waste handling areas and equipment including storage areas forrecyclable materials, waste or residue; ande. the condition of the facility, including evidence of dust, litter, odors, and othernuisance conditions, security measures such as fencing and gates, access roadsmarked and maintained, storm water management controls and any managementsystem(s).

4. Where a third-party inspector observes that the operation or maintenance of thefacility deviates from the aforementioned applicable requirements, he or she shalldocument all such deviations and recommend corrective actions for the facility to taketo return to compliance with such requirements.5. Third-party inspections shall be unannounced and randomly timed during thefacility's normal operating hours, as follows:



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19.018: continued

a. Inspection days shall be determined randomly from among the planned operatingdays of the facility during the inspection period specified in 310 CMR 19.018(6)(b).b. The third-party inspector shall keep the selected dates of third-party inspectionsconfidential and shall not notify the owner or operator, or any employee or individualaffiliated with or related to the owner or operator, of such dates prior to arriving atthe facility to conduct a third-party inspection. c. The third-party inspector shall postpone any inspection for which the owner oroperator or any of his or her employees learns of the date of inspection in advance.

(b) Frequency. The owner and operator of a facility shall ensure that a third-party inspectorconducts a facility operation and maintenance inspection in accordance with the followingfrequency and time intervals:

1. at an active landfill at least once in every two-month period, with at least 20 daysbetween consecutive inspections;2. at a closed landfill at least once every two calendar years, with at least six monthsbetween consecutive inspections;3. at a handling facility, other than a C&D waste processing facility or C&D wastetransfer station;

a. At a facility permitted to accept less than 50 tons, per day at least once everycalendar year, with at least four months between consecutive inspections; andb. At a facility permitted to accept 50 tons or more per day at least twice everycalendar year, with at least two months between consecutive inspections;

4. at a C&D waste processing facility or a C&D waste transfer station at least once ineach quarter (three-month period), with at least 20 days between consecutive inspections;and5. at a combustion facility at least once in each quarter (three-month period), with atleast 20 days between consecutive inspections.

(c) Additional Performance Standards for a Third-party Facility Operation and MaintenanceInspection of an Active Landfill.

1. In addition to complying with the general performance standards set forth in310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate an activelandfill's compliance with:

a. the operation and maintenance requirements set forth at 310 CMR 19.130 and310 CMR 19.131, as applicable;b. the environmental monitoring requirements (including, but not limited to,reporting frequencies) set forth at 310 CMR 19.132;c. the requirements for maintenance of environmental control and monitoringsystems set forth at 310 CMR 19.133;d. the landfill gas recovery facility operation and maintenance requirements set forthat 310 CMR 19.121, if applicable; ande. the applicable requirements of any beneficial use determination(s) governing thebeneficial use of solid waste at the facility.

(d) Additional Performance Standards for a Third-party Facility Operation and MaintenanceInspection of Closed Landfill.

1. In addition to complying with the general performance standards described in310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate a closedlandfill's compliance with:

a. the landfill post-closure requirements set forth at 310 CMR 19.142; b. the conditions set forth in the facility's closure permit(s); c. the conditions of any post-closure use permit(s); andd. the requirements set forth at 310 CMR 19.016 and 310 CMR 19.143, asapplicable, governing post-closure use activities.

(e) Additional Performance Standards for a Third-party Facility Operation and MaintenanceInspection of Handling Facility, Except C&D Waste Processing Facility or a C&D WasteTransfer Station.

1. The performance standards in 310 CMR 19.018 apply to a handling facility that is nota C&D waste processing facility or a C&D waste transfer station, which is addressed in310 CMR 19.018(6)(f).2. In addition to complying with the general performance standards described in310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate thecompliance of a handling facility with:



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19.018: continued

a. the requirements for stormwater controls, equipment and weighing facilities setforth at 310 CMR 19.205;b. the operation and maintenance requirements set forth at 310 CMR 19.207; c. the applicable requirements of any beneficial use determination(s) governing thebeneficial use of solid waste at the facility.

(f) Additional Performance Standards for a Third-party Facility Operation and MaintenanceInspection of a C&D Waste Processing Facility or a C&D Waste Transfer Station.

1. The performance standards in 310 CMR 19.018(6)(e) only apply to a C&D wasteprocessing facility or a C&D waste transfer station. They do not apply to other types ofhandling facilities, which are addressed in 310 CMR 19.018(6)(e).2. In addition to complying with the general performance standards described in310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate thecompliance of a C&D waste processing facility or a C&D waste transfer station with:

a. the requirements for stormwater controls, equipment and weighing facilities setforth at 310 CMR 19.205;b. the operation and maintenance requirements set forth at 310 CMR 19.206, ifapplicable, and 310 CMR 19.207;c. the facility's suspect asbestos-containing material (ACM) inspection andmanagement protocol; andd. the applicable requirements of any beneficial use determination(s) governing thebeneficial use of solid waste at the facility.

3. The third-party inspector shall observe random incoming waste loads and collectACM samples from suspect materials and send those sample(s) for analysis inaccordance with the facility's approved ACM inspection and management protocol, ifany.

(g) Additional Performance Standards for a Third-party Facility Operation and MaintenanceInspection of a Combustion Facility. In addition to complying with the general performancestandards described in 310 CMR 19.018(6)(a), a third-party inspector shall examine andevaluate the compliance of a combustion facility with:

(a) the operation and maintenance requirements set forth at 310 CMR 19.207;(b) the ash handling and disposal conditions set forth in the combustion facility's permitand its operation and maintenance plan; (c) the applicable requirements of any beneficial use determination(s) governing thebeneficial use of solid waste at the facility.

(7) Performance Standards for Third-party Waste Ban Inspections.(a) General. The owner and operator of a facility that has an approved waste bancompliance plan pursuant to 310 CMR 19.017 shall have the facility inspected by a qualifiedthird-party waste ban inspector to assess compliance with the waste bans at 310 CMR 19.017by the facility and by the haulers and generators delivering waste to the facility. (b) Exemptions.

1. An owner and operator of a handling facility that does not accept loads greater thanfive cubic yards is exempt from 310 CMR 19.018(7); and2. An owner and operator of a facility that participates in the Class II RecyclingProgram in accordance with the terms of 310 CMR 19.300 is exempt from 310 CMR19.018(7).

(c) Performance Standards. 1. Prior to conducting each third-party waste ban inspection, the third-party inspectorshall identify and review all requirements applicable to waste ban compliance at thefacility, including but not limited to, the facility waste ban compliance plan and therequirements of 310 CMR 19.017. 2. During an inspection and for the minimum number of loads as required pursuant to310 CMR 19.018(7)(e), a third-party inspector shall examine and evaluate thecompliance of the facility with its approved waste ban compliance plan, as follows:

a. Visually monitor all incoming loads received at the facility during the waste baninspection;b. Identify all failed loads received during the waste ban inspection;



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19.018: continued

c. Record all identified failed loads using photographs, weigh slips, andstandardized waste tracking forms provided by the Department. Such forms mayinclude, but are not limited to, hauler and generator information (to the extentknown) and the percentage of the load that is comprised of waste ban material(s); andd. Conduct a comparative analysis of the percentage of failed loads identified by thethird-party inspector with the percentage of failed loads documented pursuant to thefacility's on-going load inspections conducted over the immediately precedinginspection period.

3. A third-party waste ban inspection shall be unannounced and randomly timed duringthe facility's normal operating hours, as follows:

a. Inspection days shall be selected in accordance with 310 CMR 19.018(7)(d).b. The third-party inspector shall keep the selected dates of third-party inspectionsconfidential and not notify the owner or operator, or any employee or individualaffiliated with or related to the owner or operator, of such dates prior to arriving atthe facility to conduct a third-party inspection.

4. Where a third-party inspector observes that waste ban compliance at the facilitydeviates from the applicable requirements set forth at 310 CMR 19.018(7)(c)1., thethird-party inspector shall document all such deviations and recommend correctiveactions for the facility to take to return to compliance with such requirements.

(d) Frequency. The owner and operator of a facility shall ensure that a third-party inspectorconducts a waste ban inspection in accordance with the following frequency and timeintervals:

1. at an active solid waste landfill: at least once in every two-month period, with at least20 days between consecutive inspections;2. at a handling facility other than a C&D processing facility or C&D waste transferstation:

a. at a facility permitted to accept less than 50 tons of waste per day, at least onceevery calendar year, with at least four months between consecutive inspections; b. at a facility permitted to accept 50 tons or more of waste per day, at least twiceevery calendar year, with at least two months between consecutive inspections;

3. at a C&D waste processing facility or a C&D waste transfer station at least once ineach quarter (three-month period), with at least 20 days between consecutive inspections;and4. at a combustion facility at least once in each quarter (three-month period), with atleast 20 days between consecutive inspections.

(e) Minimum Loads.1. Once the third-party inspector begins a waste ban inspection, the third-party inspectorshall observe and document each and every load, until the following minimum numberof loads, containing at least five cubic yards of material each, have been observed:

a. For a facility permitted to accept from 1 to 99 tons of waste per day, four vehicleloads;b. For a facility permitted to accept greater than 99 but less than or equal to 299 tonsper day, eight vehicle loads;c. For a facility permitted to accept greater than 299 but less than or equal to 499tons per day, 12 vehicle loads; e. For a facility permitted to accept greater than 499 but less than or equal to 999tons per day, 16 vehicle loads; orf. For a facility permitted to accept more than 999 tons per day, 20 vehicle loads.

2. As an alternative to the minimum loads set forth at 310 CMR 19.018(7)(e)1., for afacility that has operated below the facility's permitted capacity for the previous year, thethird-party inspector may apply the average actual daily receipt of waste (in tons) overthe preceding year (instead of the permitted tonnage amount) to the minimum loadcriteria set forth above at 310 CMR 19.018(7)(e)1.

(8) Third-party Inspection Reports, Record-keeping Requirements and Procedures.(a) Third-party Inspector Report Submittal and Certificatin Requirements. A third-partyinspector who has performed a third-party inspection pursuant to 310 CMR 19.018 shall:

1. prepare an accurate and complete third-party inspection report which presents theresults of his or her inspection in accordance with the performance standards set forth at310 CMR 19.018(6) and (7) and which meets the requirements set forth at 310 CMR19.018(8)(b);



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2. sign and certify his or her inspection report on a form or forms provided by theDepartment, and include the following statements in the report;

I, [name of third-party inspector], attest under the pains and penalties of perjurythat:(a) I have personally examined and am familiar with the informationcontained in this submittal, including any and all documents accompanyingthis certification statement;(b) based on my inquiry of those persons responsible for obtaining theinformation, the information contained in this submittal is, to the best of myknowledge, true, accurate, and complete; (c) have been able to conduct the third-party inspection and prepare thethird-party inspection report without being influenced by the facility owneror operator and, [if the third-party inspector is a municipal employee,] by hisor her municipal employer, by any co-worker or by any elected or appointedofficial of the municipality; and(d) I am aware that there are significant penalties, including, but not limitedto, possible administrative and civil penalties for submitting false, inaccurate,or incomplete information and possible fines and imprisonment forknowingly submitting false, inaccurate, or incomplete information; and

3. submit to the owner and operator such third-party inspection report.(b) Third-party Inspector Report Content Requirements.

1. Facility Operation and Maintenance Inspection Report. For each facility operationand maintenance inspection, the third-party inspector shall prepare a third-partyinspection report that describes and reports in detail the results of his or her inspectionof the facility's compliance with all applicable requirements, including, but not limitedto:

a. any deviation from compliance with the operation and maintenance requirementscontained in the applicable requirements set forth at 310 CMR 19.018(6) through (7);b. the status and condition of operating and monitoring equipment, structures,appurtenances and devices;c. the status and condition of each operational aspect of the facility, including butnot limited to, waste handling, processing, recycling, storage and disposal of wasteand materials;d. a summary of all waste and materials received by and handled at the facility,including all loads identified and rejected during the applicable inspection periodspecified at 310 CMR 19.018(6)(b) or (7)(d);e. the status of the facility's compliance with applicable record-keepingrequirements;f. the estimated volumes of all materials and wastes stored at the facility at the timeof the inspection;g. the analytical results of all sample(s) collected by the third-party inspector duringthe inspection, including chain of custody documentation (e.g., for suspect ACMsampling at C&D waste processing facilities);h. the condition of the facility, including but not limited to evidence of dust, litter,odors, and other nuisance conditions, security measures such as fencing and gates,property marked and maintained, access roads, and storm water management controlsand leachate management systems;i. any corrective action(s) proposed by the third-party inspector to be taken by theowner or operator, with recommended schedules for implementing the correctiveaction(s); andj. any additional information as required by the Department on a facility-specificbasis.

2. Waste Ban Compliance Inspection Report. For a waste ban compliance inspectionconducted pursuant to 310 CMR 19.018(7), the third-party inspector shall prepare athird-party inspection report that describes and reports in detail the results of his or herinspection, including but not limited to:



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19.018: continued

a. any deviation from compliance with the waste bans at 310 CMR 19.017 by thefacility or haulers and generators delivering waste to the facility; andb. a comparative analysis of the percentage of failed loads identified by thethird-party inspector and the percentage of failed loads documented pursuant to theon-going load inspections conducted over the immediately preceding inspectionperiod in accordance with the facility's approved waste ban compliance plan.

4. Report Format. Each third-party inspection report shall be submitted in the formatspecified by the Department.5. Duty of Third-party Inspectors to Provide Information. Upon request of theDepartment, a third-party inspector shall provide a copy of any third-party inspectionreport prepared by him or her to the Department within seven business days. Uponrequest, a third-party inspector shall furnish any other information, documents or recordsassociated with such inspection and allow the Department access to and to copy allrecords relating to the facility within seven business days.

(c) Owner and Operator Requirements.1. Reports and Certifications. The owner and operator of a facility shall submit eachthird-party inspection report to the Department and the board of health of themunicipality in which the facility is located no later than 30 days following the date ofthe inspection. A responsible official of the inspected facility shall sign and certify suchreport in accordance with 310 CMR 19.011(1). Notwithstanding the foregoing, nothingin 310 CMR 19.018 relieves any person of any duty to report or provide notice of anyinformation that such person is required to report in a shorter timeframe pursuant to anystatute, regulation, permit, approval, determination, authorization, order or otherrequirement.2. Corrective Actions. In the event that a third-party inspection report contains arecommendation for corrective action(s), the owner or operator shall submit, along withthe inspection report, the following:

a. a written report documenting the completion of the corrective action(s);b. documentation or explanation why corrective action is not needed; or c. a plan and schedule for completing the corrective action(s), on a form providedby the Department. The owner or operator may elect to correct deviations identifiedin the third-party inspection report in a manner that is different than thatrecommended by the third-party inspector, so long as the facility is brought back intocompliance with applicable requirements.

3. Deficiency Notice. In the event that the Department issues a written deficiency noticeto the owner or operator regarding any submittal required by 310 CMR 19.018, the owneror operator shall, within 21 days of the date of issuance of the Department's notice,provide a written response to the Department that describes how the facility intends tocorrect the deficiencies identified by the Department and provides a complianceschedule. 4. Records. A copy of each third-party inspection report shall be maintained at thefacility in accordance with the record-keeping requirements of 310 CMR 19.000. Theowner and operator shall make third-party inspection reports available to personnel orauthorized representatives of the Department for review at the facility upon request.

19.028: Requirements for Construction, Operation, Modification or Expansion of a Solid Waste Management Facility

No person shall construct, operate, maintain, expand or modify a facility to store, process,transfer, treat or dispose of solid waste except in accordance with:

(1) a valid site assignment;

(2) a solid waste management facility permit ("permit") and any applicable facility expansionpermit issued in accordance with 310 CMR 19.032;

(3) an authorization to construct the facility issued by the Department in accordance with310 CMR 19.041;



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19.028: continued

(4) an authorization to operate the facility issued by the Department in accordance with310 CMR 19.042 or, for a transfer station which is not a C&D waste transfer station, acertification in accordance with 310 CMR 19.035; and

(5) any applicable modification permit pursuant to 310 CMR 19.033 or 19.034.

19.029: Applicable Permit and Certification Procedures for Construction, Operation, Modification or Expansion of a Solid Waste Management Facility

(1) Use of Permit Procedure at 310 CMR 19.032. The permit procedure set forth at 310 CMR19.032 shall be used to review the following:

(a) an application for a new facility;(b) an application for expansion of a handling facility, including a transfer station; (c) an application for expansion of a combustion facility;(d) an application for lateral expansion of a landfill;(e) an application for vertical expansion of a landfill; or(f) any other application the Department deems appropriate.

(2) Use of Permit Procedure at 310 CMR 19.033. Except as specified at 310 CMR 19.029(3)or (4) the permit procedure set forth at 310 CMR 19.033 shall be used to review the following:

(a) an application for a permit modification; (b) an application for corrective action (including but not limited to assessment); (c) a closure plan;(d) a post-closure plan;(e) an application for post-closure use on the final cover of a landfill or affecting anappurtenance of a facility; (f) an application for a Beneficial Use Determination; or(g) any other application the Department deems appropriate.

(3) Use of Presumptive Approval Procedure at 310 CMR 19.034. Except as specified at310 CMR 19.029(2) and (4) the presumptive approval procedure set forth at 310 CMR 19.034shall apply to the following proposed activities or modifications:

(a) any administrative change at a facility; (b) a post-closure use that:

1. does not affect the facility's appurtenances, or 2. is not located on the final cover of a landfill;

(c) acceptance of a special waste pursuant to 310 CMR 19.061;(d) a minor operational or equipment change, such as, but not limited to, a change,substitution, or addition of processing equipment (e.g. diesel to electric) or a change in thefacility’s layout; and (e) any other activity or modification the Department deems appropriate.

(4) Use of Certification Procedure at 310 CMR 19.035 for Transfer Station (That Is Not a C&DWaste Transfer Station). The certification procedure at 310 CMR 19.035 shall be used for:

(a) the operation of a new or expanded transfer station;(b) the acquisition of a transfer station (in addition to the certification required pursuant to310 CMR 19.044);(c) the modification in the design, construction, operation, maintenance, closure, or post-closure use of a transfer station;(d) when a certification has not been submitted within the previous five years; or(e) a transfer station with a valid permit or approval issued prior to February 14, 2014.

19.030: Application for a Solid Waste Management Facility Permit

(1) General. Any person intending to construct, operate or maintain a solid waste managementfacility shall file an application for a permit.

(2) Application. An application for a permit shall contain sufficient information so that theDepartment can evaluate whether the application meets the applicable review criteria at310 CMR 19.038 and at a minimum shall include:



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19.030: continued

(a) a completed application on a form as may be provided by the Department;(b) such additional or alternative information as required in other parts of 310 CMR 19.000governing the permitting of specific types of solid waste management facilities.(c) applicant identification which shall include such information and documentation as theDepartment deems necessary to fully identify all persons having a legal or financial interestin, or operational responsibility for, the site or facility; those persons' legal status; thosepersons’ prior ownership or operating history of solid waste facilities; and other relevantinformation regarding the applicant's competency to own and/or operate a facility;(d) a solid waste management facility plan (“Plan”) for the particular type of solid wastemanagement facility that includes such maps, data, information and documents as requiredin the applicable facility specific regulations. The Plan shall, at a minimum, be comprisedof the following components:

1. a site plan which shall include such maps, diagrams, reports and other informationthe Department deems necessary to accurately locate the proposed site and facility,identify its geographical characteristics, identify the zoning of the site, and evaluate thepotential impact of the construction and operation of the proposed facility on surroundingland uses, traffic flow, surface water bodies, wetlands, water supplies, and flood zones;2. a waste ban plan as required at 310 CMR 19.017(5);3. a facility design plan which shall provide such diagrams, reports, studies and otherinformation as the Department deems necessary to evaluate the feasibility and potentialimpacts of the facility on public health, safety and the environment. The facility designplan shall address all aspects of the facility design and shall include:

a. a detailed description of the type and size of the proposed facility;b. the nature and amount of refuse to be handled on a daily and weekly basis;c. a detailed description of the design of the facility, including recycling andcomposting components, site improvements and all systems and other appurtenancesthereto necessary to comply with:

i. the operation and maintenance requirements;ii. the closure and post-closure requirements; andiii. permit approval criteria;

d. provision to minimize the impacts of site and facility construction; ande. other design provisions the Department deems necessary on a site or facilityspecific basis to ensure proper design;

4. an operation and maintenance plan which shall provide such diagrams, reports,studies, and other information as the Department deems necessary to evaluate the abilityof the proposed operation and maintenance procedures to ensure good solid wastemanagement practices and to protect public health and safety and the environment. Theoperation and maintenance plan shall include:

a. a detailed description of the proposed waste handling methods and techniques,and sequence of operations for the facility;b. a description of the procedures to be employed to comply with the operation andmaintenance requirements for the specific type of facility and the permit approvalcriteria;c. a detailed description of the environmental monitoring and sampling protocolsand procedures and inspection and maintenance of the environmental monitoringsystems;d. a tracking and reporting system by which the Department can verify compliancewith recycling requirements and with bans on acceptance of certain types of solidwaste or recyclable materials which have been imposed pursuant to 310 CMR 19.017and are in effect at the time the permit is granted;e. a compliance and inspection plan to ensure operation of the facility is incompliance with the permit and all applicable regulations; and f. other operation and maintenance provisions that the Department deems necessaryon a site or facility specific basis to ensure proper operation and maintenance;

5. a closure and post-closure plan which shall provide such diagrams, reports, studiesand other information as the Department deems necessary to describe and evaluate theprocedures the applicant proposes to use to close the facility and maintain and care forthe site during the post-closure period in a manner that minimizes the impacts to publichealth and safety and the environment. A closure and post-closure plan shall include:



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19.030: continued

a. a description of the activities, and the sequence of activities necessary to close thefacility;b. a description of measures to be utilized to comply with the closure andpost-closure requirements set forth in 310 CMR 19.045 and other applicable sectionsof 310 CMR 19.000 ;c. a description of proposed subsequent use of the site and/or facility, if any; andd. other provisions that the Department deems necessary on a site or facility specificbasis to ensure proper closure of the facility.

(e) a public health report, if any, as submitted by the Department of Public Health pursuantto the Site Assignment Regulations, 310 CMR 16.17: Application Review by the Departmentof Public Health;(f) sufficient documentation that the proposed facility will be located within the boundariesof a valid site assignment;(g) sufficient documentation that:

1. the MEPA process does not apply;2. the MEPA process does apply and the Secretary has determined that anEnvironmental Impact Report is required; or3. the MEPA process has already been completed and the Secretary has issued acertificate or a determination that no EIR is required.

(3) Filing and Confidentiality.(a) The applicant shall file one copy of the application or registration with the Departmentin the appropriate Regional Office.(b) Any information submitted pursuant to 310 CMR 19.000 may be claimed as confidentialby the applicant in accordance with the provisions of 310 CMR 3.00: Access to andConfidentiality of Department Records and Files, except information regarding the name andaddress of the permittee and data related to the potential impact of the proposed activity onpublic health, safety and the environment.

(4) Variance. The application shall clearly state whether a variance is requested, as providedin 310 CMR 19.080.

(5) Presentation of Information. Information set forth in the application for a permit shall becurrent, presented clearly and concisely using forms, as may be provided by the Department, andsupported by appropriate references to technical and other documents made available to theDepartment. The application shall contain sufficient data and other relevant information to allowthe Department to determine, independent of additional information, whether to issue the Permit.

(6) Signatory. An application shall be signed and certified in accordance with 310 CMR19.011(1).

(7) Engineering Supervision. All papers pertaining to design, construction, operation,maintenance, or engineering of a site or a facility shall bear the seal and signature of aMassachusetts registered supervising engineer or other applicable person as required at 310 CMR19.011(2).

19.032: Permit Procedure for a New Facility or Expansion Permit Application

(1) General. 310 CMR 19.032 describes the permit procedure for a permit application for anew facility, an expansion of an existing facility, or for any other application the Departmentdeems appropriate as specified in 310 CMR 19.029(1).

(2) Draft Decision.(a) The Department shall prepare a draft decision. A draft decision for granting a permitshall include all appropriate conditions, standards, and requirements necessary to establisha new facility or to conduct approved activities at an existing facility.(b) Each draft decision shall be accompanied by a fact sheet briefly describing:

1. the facility or activity which is the subject of the draft decision;2. the type and quantity of wastes which are to be handled;3. the reasons for the terms and conditions set forth therein; and



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4. the reasons why requested variances or alternatives to required standards are or arenot proposed to be approved.

(c) Distribution of the Draft Decision. The Department shall send a copy of the draftdecision and the accompanying fact sheet to the applicant, the local board of health, abuttingboard of health, if any, and, on written request, to any other person.(d) Description of Procedures. A description of the procedures for reaching a final decisionon the permit application shall accompany the copy of the draft decision and shall include:

1. the beginning and ending dates of the comment period and the address wherecomments will be received;2. any other procedures by which the public may participate in the process leading toa final permit decision; and3. the name and telephone number of an individual to contact for additionalinformation.

(3) Public Notice.(a) The Department shall cause public notice to be given when:

1. a draft decision on a facility permit application has been prepared; or2. a public hearing on a draft decision has been scheduled. Public notice in this caseshall be given at least 21 days prior to the hearing date.

(b) Notice of More than One Permit. A public notices may describe more than one permitor permit action.(c) Method of Notice. Public notice shall be given by the following methods:

1. By mailing notice to:a. the applicant;b. the board of health of the municipality in which the facility is to be located or thepermitted activity is proposed;c. the board of health of any municipality within ½ mile of the proposed facility("abutting board of health"); andd. abutters of the facility site.

2. By publication, paid for by the applicant, in a daily or weekly newspaper of generalcirculation in the locality affected by the facility.

(d) Content of Notice. A public notices shall, at a minimum, contain the followinginformation:

1. a description of the proposed facility including the type of facility, proposed tonnage,location and hours of operation;2. the identity and mailing address of the applicant;3. the public location where the application can be inspected; and4. the time period for written comments on the application and the address to whichcomments should be mailed, and, if a public hearing is to be held, the public hearinginformation set forth at 310 CMR 19.032(5).

(4) Comment Period.(a) A public notice issued pursuant to 310 CMR 19.032(3) for a draft decision shall allowat least 30 days for public comment. The comment period shall begin on the date the publicnotice is first published in a newspaper as specified at 310 CMR 19.032(3)(c)2. or on a laterdate specified in the public notice.(b) Written Comments. During the public comment period, any interested person maysubmit written comments on the draft decision to the office of the Department processing thepermit request.(c) Extending or Reopening the Public Comment Period. The Department may extend orreopen the public comment period to allow for the issuance of a modified draft decision orto give interested persons an opportunity to comment on the information or argumentssubmitted. If the Department gives such an extension, public notice thereof shall be givenin the manner prescribed in 310 CMR 19.032(3). Such notice shall specify any new issuesto be considered.

(5) Public Hearing.(a) Circumstances Requiring Hearing. The Department shall schedule a public hearingwithin the municipality wherein the proposed facility is to be located when:

1. the applicant requests a public hearing;



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2. the Commissioner determines that there is sufficient public interest in unresolvedissues of concern; or3. the Department prepares a modified draft decision with substantial revisions from theoriginal draft decision as a result of comments received pursuant to 310 CMR 19.032(4).Copies of the modified draft decision shall be distributed in accordance with 310 CMR19.032(2)(c).

(b) Content of Public Hearing Notice. Public notice of the public hearing shall be given inthe manner described in 310 CMR 19.032(3) and shall include:

1. the date, time, and place of the public hearing; and2. the nature and purpose of the public hearing.

(c) Public Hearing Procedures.1. Hearing Officer. The Department shall designate a representative to conduct thepublic hearing. The Hearing Officer shall have authority to ensure an orderlypresentation of issues, comments, data, and arguments, and to ensure an adequate andcomprehensible record of the proceedings. The Hearing Officer may, at his or herdiscretion, without limitation of the foregoing:

a. define relevant issues, receive and consider relevant matter and exclude irrelevantor unduly repetitive matter;b. determine the order in which persons wishing to do so may present oralcomments;c. conduct appropriate examination of persons offering oral comments;d. establish a reasonable time limit for all persons wishing to offer oral comments;e. require the applicant or any other person intending to present studies or exhibitsfor consideration at the hearing to file such material within a reasonable time inadvance of the hearing;f. require any person who refers to or relies upon written information or expertopinion in offering comments to provide copies of such material within a reasonabletime after the hearing;g. permit an opportunity for oral rebuttal of comments received;h. allow a reasonable time after the hearing for providing written comment orrebuttal; and i. order adjournment, recess, or rescheduling of the hearing.

2. Participation in the Hearing. Any person may attend and observe the public hearing.Any person wishing to offer oral comments may do so upon filing a written statementcontaining the name, address, and telephone number of an authorized representative towhom correspondence may be addressed for purposes of the hearing.3. Authorized Representative. An individual may appear on his or her own behalf. Aduly authorized officer or employee may represent a corporation; a duly authorizedmember may represent a partnership, joint venture or association; and an authorizedtrustee may represent a trust. Any person shall have the right to be accompanied,represented and advised by an authorized agent or attorney.4. Conduct of Hearings. The hearings shall be as informal as may be reasonable andappropriate under the circumstances. The Hearing Officer shall ensure that the conductof persons at the hearing will at all times be orderly.5. Withdrawal of Request for Hearing. The applicant or any other person who requesteda hearing may withdraw the request, or may elect to submit any comments or documentswithout a hearing, by filing with the Department a written withdrawal. If notice of ahearing has already been published pursuant to 310 CMR 19.032(3), such withdrawalshall be filed at least ten days prior to the scheduled hearing, and notice of the withdrawalshall be provided in the same manner specified in 310 CMR 19.032(3).6. Recordings and Transcripts. The proceedings at the hearing shall be recorded eitherelectronically or stenographically. Transcripts or electronic copies shall be supplied toany person, upon request, at his or her own expense. Any person, upon request, mayorder a stenographer to transcribe the proceedings or the Department's electronicrecording at his or her own expense. In such event, a transcription shall be provided tothe Department at no expense to the Department, and upon such other terms as theHearing Officer shall order.



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(6) Issuance of the Final Decision on a Permit Application.(a) Issuance and Public Notice. After the close of the public comment period, or, ifapplicable, the close of the public hearing, whichever is later, the Department shall issue afinal decision on the permit application. Notice of the Department's final decision andsummary response to comments shall be given to the applicant by electronic transmissionupon agreement by the applicant, or, if not, by first class mail. Notice shall also be providedto the board of health, any abutting board of health and each person who has requested noticeof the final decision.(b) Effective Date. Unless otherwise stated in the permit, the permit shall be effective uponissuance.(c) Summary Response to Comments. At the time the decision is issued, the Departmentshall prepare a summary of the major comments on the draft decision and a response tocomments and shall describe any major changes made to the draft decision as a result ofcomments received.(d) Legal Challenges.

1. Appeal. Any person aggrieved by the final permit decision may file an appeal forjudicial review of said decision in accordance with the provisions of M.G.L. c. 111,§ 150A and c. 30A not later than 30 days following the date of issuance of the finalpermit decision to the applicant. The standing of a person to file an appeal and theprocedures for filing such appeal shall be governed by the provisions of M.G.L. c. 30A.Unless the person requesting an appeal requests and is granted a stay of the terms andconditions of the final permit decision by a court of competent jurisdiction, the finalpermit decision shall be effective in accordance with 310 CMR 19.032(6)(b).2. Notice of Action. Any aggrieved person intending to appeal a final permit decisionto the Superior Court shall first provide notice of intention to commence such action.Said notices of intention shall include the Department file number and shall identify withparticularity the issues and reason why it is believed the final permit decision was notproper. Such notice shall be provided to the Office of General Counsel of theDepartment and the Regional Director for the regional office which processed the permitapplication, if applicable, at least five days prior to the filing of an appeal.3. No allegation shall be made in any judicial appeal of a final permit decision unlessthe matter complained of was raised at the appropriate point in the administrative reviewprocedures established in 310 CMR 19.000, provided that a matter may be raised upona showing that it is material and that it was not reasonably possible with due diligenceto have been raised during such procedures or that matter sought to be raised is of criticalimportance to the environmental impact of the permitted activity.

19.033: Permit Procedure for an Application for a Permit Modification or Other Approval

(1) General. 310 CMR 19.033 describes the permit procedure for a permit application forcertain modifications to a facility or other permit application as specified in 310 CMR 19.029(2).

(2) Issuance of Permit Decision. The Department shall mail a copy of its permit decision onan application to the applicant, the board of health of the municipality in which the facility islocated, the board of health of any municipality within ½ mile of the proposed facility and anyother person who has requested in writing that the Department provide a copy of the permitdecision.

(3) Effective Date. Unless otherwise stated in the permit decision, the permit decision shall beeffective upon its issuance.

(4) Review of Decision.(a) Provisional Decision. The Department may defer the effective date of a permit decisionfor the purpose of obtaining comments by issuing a provisional permit decision. Such aprovisional decision shall be accompanied by a notice stating that written comments may besubmitted to the Department for a period of at least 21 days after the date of issuance of theprovisional decision. Prior to the effective date established therein, the Department shallissue a final permit decision at the end of the comment period.



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(b) Where no provisional decision is issued, an applicant aggrieved by the Department'spermit decision, within 21 days of the issuance of the Department's permit decision to theapplicant, may file a written request, with the appropriate regional office of the Department,that the permit decision be deemed a provisional decision, and a written statement of thebasis on which the applicant believes it is aggrieved, together with any supporting materials.Upon timely filing of such a request, the permit decision shall be deemed a provisionaldecision. Such a request shall reopen the administrative record, and the Department shallissue a final permit decision after the end of the comment period. Failure by an applicant toexercise the right provided in 310 CMR 19.033(4)(b) shall constitute a waiver of theapplicant's right to appeal.

(5) Legal Challenges.(a) Appeal. Any person aggrieved by the final permit decision, except as provided for under310 CMR 19.0337(4)(b), may file an appeal for judicial review of said permit decision inaccordance with the provisions of M.G.L. c. 111, § 150A and M.G.L. c. 30A no later than30 days following the date of issuance of the final permit decision to the applicant. Thestanding of a person to file an appeal and the procedures for filing such appeal shall begoverned by the provisions of M.G.L. c. 30A. Unless the person requesting an appealrequests and is granted a stay of the terms and conditions of the final permit decision by acourt of competent jurisdiction, the final permit decision shall be effective in accordancewith 310 CMR 19.033(3).(b) Notice of Action. Any aggrieved person intending to appeal a final permit decision tothe Superior Court shall first provide notice of intention to commence such action. Saidnotices of intention shall include the Department file number and shall identify withparticularity the issues and reason why it is believed the final permit decision was not proper.Such notice shall be provided to the Office of General Counsel of the Department and theRegional Director for the regional office which processed the permit application, ifapplicable, at least five days prior to the filing of an appeal. (c) No allegation shall be made in any judicial appeal of a final permit decision unless thematter complained of was raised at the appropriate point in the administrative reviewprocedures established in 310 CMR 19.000, provided that a matter may be raised upon ashowing that it is material and that it was not reasonably possible with due diligence to havebeen raised during such procedures or that matter sought to be raised is of critical importanceto the environmental impact of the permitted activity.

19.034: Presumptive Approval Procedure

310 CMR 19.034 describes the procedure for the Department's presumptive approval ofcertain activities at or modifications to a facility. Any activity or modification specified in310 CMR 19.029(3) may be made without prior written approval from the Department providedthat:

(1) at least 45 days prior to commencing such activity or modification, the owner or operatorsubmits to the Department and the board of health a written description of the proposed activityor modification on an application form provided by the Department;

(2) within 45 days of receipt of the form, the Department has not determined, in a letter to theowner and operator, that 310 CMR 19.034 does not apply to the proposed activity ormodification or that additional information is needed to make that determination; and

(3) within 45 days of completion of the modification, the owner or operator submits to theDepartment as-built plans and/or a report describing the modification, provided that noadditional documentation is necessary where there was no physical modification to the facility.

19.035: Transfer Station Certifications

(1) Qualifications for Transfer Station Certification. To be eligible to submit a transfer stationcertification, a transfer station must have a valid facility permit. Any expiration date containedin the transfer station permit shall have no force and effect after the owner or operator of thetransfer station submits a valid certification pursuant to 310 CMR 19.035.



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(2) Certification Filing Schedule. The responsible official for a transfer station that is not aC&D waste transfer station shall submit a certification to the Department in accordance with310 CMR 19.035 by the earliest of the following applicable deadlines:

(a) 30 days prior to the operation of a new transfer station;(b) 30 days prior to the operation of a transfer station in accordance with its permit for anexpansion;(c) 30 days prior to a modification in the design, construction, operation, maintenance,closure, or post-closure use of the transfer station;(d) when a certification has not been submitted within the previous five years; or,(e) 30 days after the acquisition of a transfer station; or(f) 120 days after February 14, 2014 for operation of a transfer station with a valid permitor approval issued prior to February 14, 2014 that does not have a certification.

(3) Form. The certification shall be submitted on a form supplied by the Department. Thecertification shall address compliance with the permit(s) issued to the transfer station, theapplicable requirements of 310 CMR 19.000, including but not limited to the review criteria at310 CMR 19.038(2)(a)1. through 11. and shall include all information regarding any changes atthe transfer station relating to the design, construction, operation, maintenance, closure andpost-closure use of the transfer station since the last certification was submitted.

(4) Certification Statement. The responsible official for the transfer station shall submit acertification in accordance with 310 CMR 19.011(1).

19.036: Department's Modification, Suspension or Revocation of a Permit

(1) General. The Department may rescind, suspend, or modify a permit when it determines thatthe operation or maintenance of a facility results in a threat to the public health, safety or theenvironment in accordance with the provisions of M.G.L. c.111, § 150A and after a hearing inaccordance with M.G.L. c. 30A, § 11.

(2) Scope of Determination of Threat. In considering whether the continued operation of afacility presents a threat to the public health and safety or the environment the Department mayconsider:

(a) the likelihood of a discharge or release of pollutants from the facility;(b) the actual or potential impacts from a discharge or release of pollutants from the facility;or(c) the potential adverse impacts on the Commonwealth's natural resources from thedisposal of restricted materials pursuant to 310 CMR 19.017.

19.038: Review Criteria for a New or Expanded Facility Permit or Permit Modification

(1) Applicability of Permitting Criteria. The criteria the Department shall apply whenreviewing a permit application or an application for a permit modification are as follows:

(a) New or Expanding Landfills. A permit application for a new landfill or landfillexpansion submitted pursuant to 310 CMR 19.032 shall comply with the criteria set forth at310 CMR 19.038(2)(a), (c) and (d).(b) New or Expanding Combustion Facility. A permit application for a new or expandingcombustion facility submitted pursuant to 310 CMR 19.032 shall comply with the criteriaset forth at 310 CMR 19.038(2)(a) and (b).(c) New or Expanding Handling Facility. A permit application for a new or expandinghandling facility submitted pursuant to 310 CMR 19.032 shall comply with the criteria setforth at 310 CMR 19.038(2)(a)1. through 11., 13. and 14., and (b).(d) Modification of a Landfill, Combustion Facility and or Handling Facility. Anapplication submitted pursuant to 310 MR 19.033 or 19.034. as applicable, for a modificationof a landfill, combustion facility or handling facility not addressed at 310 CMR 19.038(1)(a),(b), (c), or (e) shall comply with the criteria set forth at 310 CMR 19.038(2)(a)1. through 12.,except 310 CMR 19.038(2)(a)12. does not apply to a handling facility.(e) Post-closure Use. A permit application submitted pursuant to 310 CMR 19.033 or19.034, as applicable, for the post-closure use of a facility shall comply with the criteria setforth at 310 CMR 19.038(2)(a)1., 3., 4., 6., 8., and 10.



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(2) Criteria for Review of Applications for a Permit or Permit Modification.(a) General Criteria. In accordance with the provisions of 310 CMR 19.038(1) theDepartment shall consider whether the following criteria are met when reviewing anapplication for a permit or permit modification:

1. the applicant has received certification from the Secretary of Environmental Affairsthat the applicant has complied with M.G.L. c. 30, §§ 61 through 62H (MEPA) process;2. the facility is located within the boundaries of a valid site assignment and is proposedto be constructed, operated and maintained in accordance with the terms and conditionsof that site assignment;3. the design, construction, operation, and maintenance of the facility and itsenvironmental monitoring systems are in compliance with requirements set forth in310 CMR 19.000, and such policies as the Department establishes governing solid wastemanagement facilities;4. the design, construction, operation, and maintenance of the facility constitutes athreat to the public health, safety or the environment;5. on a site on which the Department determines it infeasible to adequately conductappropriate environmental monitoring, no leachate or contaminated surface run off shallenter ground or surface waters;6. the facility design and operation includes components and measures which willassure compliance with other applicable state and federal laws, regulations and policies,including without limitation, 314 CMR 3.00 through 12.00 (water pollution control);310 CMR 22.00: Drinking Water and 27.00: Underground Water Source Protection(water supply); 310 CMR 7.00: Air Pollution Control (air quality); and 40 CFR 257 and258;7. the facility is in compliance with the waste bans established at 310 CMR 19.017;8. violations of applicable statutes and regulations, judicial orders or administrativeorder or conditions of a prior plan approval/permit issued by the Department arecorrected, and any fines and penalties associated with any of the above, which are relatedto the site or facility have been paid or are pending administrative or judicial appeal;9. the construction, operation and maintenance of the facility does not represent a birdhazard;10. the ground support for the structural components of the facility is adequate;11. whether the construction, operation, and maintenance of the facility:

a. will have an adverse impact on Endangered, Threatened, or Special Concernspecies listed by the Natural Heritage and Endangered Species Program of theDivision of Fisheries and Wildlife in its database;b. will have an adverse impact on an Ecologically Significant Natural Communityas documented by the Natural Heritage and Endangered Species Program in itsdatabase; orc. will have an adverse impact on the wildlife habitat of any state WildlifeManagement Area.

12. the yearly and lifetime capacity potentially created by the proposed facility orexpansion in relation to the reasonably anticipated disposal capacity requirements andreduction/diversion goals of the Commonwealth and the geographic area(s) which thesite will serve;13. the extent to which the facility operations, alone or in conjunction with otherfacilities, maximizes diversion or processing of each component of the anticipated wastestream in order to first reduce adverse impacts and utilize materials and only thereafterto extract energy from the remaining solid waste prior to final disposal; and14. the extent to which the facility operations, alone or in conjunction with otherfacilities, will contribute to the establishment and maintenance of a statewide integratedsolid waste management system which will protect the public health and environmentand conserve the natural resources of the Commonwealth.

(b) Combustion Facilities and Handling Facilities. In addition to the criteria set forth under310 CMR 19.038(2)(a), the Department shall consider whether the following criteria are metwhen reviewing an application for a permit or permit modification for combustion facilitiesand handling facilities site assigned before June 8, 2001. Facilities or expansions of facilitiessite assigned in accordance with the criteria at 310 CMR 16.00: Site Assignment Regulationsfor Solid Waste Facilities that were promulgated on or after June 8, 2001 shall comply withthe siting criteria of that site assignment:



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1. the construction, operation and maintenance of the facility, if located or proposed tobe located in a Zone II area or Interim Wellhead Protection Area does not result in anadverse impact to an existing or potential public or private water supply well;2. the waste handling areas are not within the following distances unless, as applicable,a waiver has been obtained under 310 CMR 16.00: Site Assignment Regulations forSolid Waste Facilities or a variance is obtained under 310 CMR 19.080:

a. 100 feet of the nearest edge of the property boundary, provided that a shorterdistance consistent with the necessary operating and maintenance requirements of thefacility may be approved for that portion of the waste handling area which bordersa solid waste management facility;b. 250 feet of an existing or potential private water supply well;c. 250 feet of an occupied residential dwelling, prison, bedded health care facility,lower educational institution or children's pre-school, excluding equipment storageor maintenance structures, if a solid waste handling facility, and 500 feet if a solidwaste combustion facility;d. a resource area protected by the Wetlands Protection Act, M.G.L. c. 131, § 40,and the regulations promulgated thereunder at 310 CMR 10.00: WetlandsProtection, including the 100 year floodplain;e. 500 feet upgradient or 250 feet downgradient of a surface drinking water supply.

(c) Landfills. In addition to the criteria set forth under 310 CMR 19.038(2)(a) theDepartment shall consider whether the following criteria are met when reviewing anapplication for a permit or permit modification for a landfill site assigned beforeJune 8, 2001. Facilities or expansions of facilities site assigned in accordance with thecriteria at 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities that werepromulgated on or after June 8, 2001 shall comply with the siting criteria of that siteassignment:

1. the landfill is not located:a. in the Zone II area of an existing or potential public water supply well;b. within 15,000 feet upgradient of an existing public water supply well unless apreliminary Zone II determination has been completed and approved by theDepartment and the Department determines that the landfill is not located in the ZoneII area;c. in the Interim Wellhead Protection Area of an existing or potential public watersupply well, unless a preliminary Zone II delineation has been approved by theDepartment and the Department determines that the landfill is not located in the ZoneII area;d. in the recharge area for a sole source aquifer, unless:

i. there are no existing or potential public ground water supplies downgradientof the site;ii. there are no existing or potential private ground water supplies downgradientof the site; however, the applicant may have the option of providing analternative public water supply to replace all the existing or potentialdowngradient private groundwater supplies; andiii. there is a sufficient existing or potential public water supply to meet themunicipality's projected needs.

2. the leachate containment structure of a landfill shall not be located within a resourcearea protected by the Wetlands Protection Act, M.G.L. c. 131, § 40, including the 100year floodplain;3. the outermost limits of the waste deposition area for new landfills or expansions oflandfills shall not be within the following distances unless, as applicable, a waiver hasbeen obtained under 310 CMR 16.00: Site Assignment Regulations for Solid WasteFacilities or a variance has been obtained under 310 CMR 19.080:

a. 100 feet of the nearest edge of the property boundary, provided that a shorterdistance consistent with the necessary operating and maintenance requirements of thefacility may be approved for that portion of the waste deposition area which bordersa solid waste management facility;b. 500 feet of a private water supply well;c. 500 feet of an occupied residential dwelling, bedded health care facility, prisonor lower educational institution or children's pre-school, excluding equipment storageor maintenance structures;



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d. a resource area protected by the Wetlands Protection Act, M.G.L. c. 131, § 40,and the regulations promulgated thereunder at 310 CMR 10.00: WetlandsProtection, including the 100 year floodplain;e. 2500 feet upgradient or 500 feet downgradient of a surface drinking water supply;f. 250 feet upgradient of a perennial watercourse that drains to a surface drinkingwater supply where the landfill is within one mile of the surface drinking watersupply; org. 250 feet of a lake, pond or river (not including a stream) as defined in 310 CMR10.00: Wetlands Protection, other than a drinking water supply; or

(d) Additional Landfill Criteria. In addition to the criteria set forth at 310 CMR19.038(2)(a) and (c), the Department shall consider whether the following criteria, inreviewing an application for a permit or a modification for a landfill, have been met:

1. the landfill does not represent a threat to public health, safety or the environment dueto concentration or migration of explosive gases, excluding gas control or recoverysystem components, at the facility or beyond the facility property boundary;2. the landfill is not located in a seismic impact zone unless all containment structuresare designed to resist the maximum horizontal acceleration in lithified earth material forthe site; 3. the landfill is not located in an unstable area unless engineering measures have beenincorporated into the landfill's design to ensure the integrity of structural components,including but not limited to liners, leachate collection systems and final covers, will notbe disrupted. The owner or operator shall consider the following factors, at a minimum,when determining whether an area is unstable:

a. on-site or local soil conditions that may result in significant differential settling;b. on-site or local geologic or geomorphologic features; andc. on-site or local human-made features or events (both surface and subsurface); and

4. the landfill is not located within 200 feet (60 meters) of a fault that has haddisplacement in Holocene time unless the owner or operator demonstrates that analternative setback of less than 200 feet will prevent damage to the structural integrity ofthe landfill.

19.041: Authorization to Construct

(1) General. The following shall not be constructed except in accordance with a validauthorization to construct issued by the Department in writing:

(a) a new or expanded facility for which a permit has been issued;(b) modifications to a facility for which a permit modification has been issued, except fora transfer station that is not a C&D waste transfer station; or(c) a new phase in the case of a landfill being developed in phases.

(2) Filing. The owner or operator shall file a request for an authorization to construct in writingwith the Department in the appropriate Regional Office. However, unless otherwise indicated,the Department shall consider an application for a solid waste management facility permit or anapplication to modify a permit to constitute a request for an authorization to construct.

(3) Issuance. In general, the Department shall issue an authorization to construct when the solidwaste management facility permit or permit modification is issued, except in the case of phasedconstruction of a landfill where an authorization to construct may be required for each phase andexcept where the Department determines that any of the following permits has not been appliedfor, as applicable, or granted at the time the solid waste management facility permit is to begranted:

(a) Massachusetts Surface Water Discharge Permit for point source discharges to surfacewaters pursuant to M.G.L. c. 21, § 43 and 314 CMR 3.00: Surface Water Discharge PermitProgram;(b) ground water discharge permit pursuant to M.G.L. c. 21, § 43 and 314 CMR5.00: Ground Water Discharge Permit Program;(c) storm water discharge permit pursuant to M.G.L. c. 21, § 43, and 40 CFR 122 and314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material,Dredging, and Dredged Material Disposal in Waters of the United States Within theCommonwealth;



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(d) sewer connection permit for the discharge of collected and or pre-treated leachate intoa municipal sewer system as required by 314 CMR 7.00: Sewer System Extension andConnection Permit Program;(e) Federal Water Pollution Control Act section 404 dredge and fill permit relative tosurface water pursuant to the Federal Water Pollution Control Act; and(f) other local, state and federal permits, approvals or authorizations that are required forthe construction of the facility.

(4) Sunset. If construction of the facility or first phase thereof has not been completed or nosolid waste has been processed or disposed at the facility within three years of the date ofissuance of an authorization to construct the authorization shall expire. The owner or operatormay apply to the Department for an extension of the authorization at any time prior to or afterit expires.

(5) Enforcement. The issuance of an authorization to construct shall not limit the Department'sright to take enforcement action, including, without limitation, the suspension, revocation ormodification of the permit or revocation of the authorization to construct if 310 CMR 19.000 orany condition of the permit or authorization to construct is violated.

(6) Deed Notice. In accordance with M.G.L. c. 111, § 150A, the owner or operator of a facilityshall record a notice of the authorization to construct permit in the registry of deeds or, if the siteis registered land, in the registry section of the land court for the district wherein the land lies.The notice shall be captioned "Notice of Authorization to Construct a Solid Waste Facility" andshall contain a title reference citing the source of title of the land on which the facility is to beconstructed (i.e., the deed with book and page number if recorded land; probate number ifacquired through a probate proceeding; and certificate of title number if registered land).

19.042: Authorization to Operate

(1) General. No person shall operate a facility, or if a new or existing facility is developed inphases, operate in any new phase of a facility, without a valid authorization to operate issued bythe Department in writing.

(2) Transfer Station Exclusion. 310 CMR 19.042(1) does not apply to a transfer station, excepta C&D waste transfer station.

(3) Filing. The applicant shall file a request for an authorization to operate in writing with theDepartment in the appropriate Regional Office.

(4) Issuance. An authorization to operate shall only be issued after the Department is persuadedby the applicant that:

(a) appropriate financial assurance has been secured in accordance with 310 CMR 19.051;(b) as-built plans, signed and stamped by a registered professional engineer, have beensubmitted where required by the Department;(c) the deed notice regarding the authorization to construct a solid waste facility has beenrecorded or registered as required pursuant to 310 CMR 19.041(6); and(d) the construction of the facility or phase thereof is complete and the facility isoperational. For the purposes of 310 CMR 19.042 a facility shall be considered completewhen:

1. the facility has been constructed and prepared in conformance with the approveddesign plan required under 310 CMR 19.030(3), including the recycling and compostingcomponents of that plan;2. the ditches, drains, roads, fences, water lines, collection systems, and otherappurtenances shown on the approved plans are complete and functional;3. all equipment needed for normal operation of the facility is available and fullyoperational;4. all site preparation for the first six months of operation of a new facility orappropriate period for the phase, if applicable, is completed;5. sufficient number of qualified staff and supervision is available to carry out thenormal operation and maintenance of the facility in accordance with approved plans;



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19.042: continued

6. approved recycling and composting activities will be implemented as approved inaccordance with an implementation schedule approved by the Department;7. the applicant has provided proof of receipt of all applicable other state, local andfederal permits that are required for the operation of the facility; and8. the facility is otherwise in compliance with all applicable portions of 310 CMR19.000.

(5) Renewal of an Authorization to Operate.(a) General. An operator planning to continue to use a facility after the expiration date, ifany, of the authorization to operate established pursuant to 310 CMR 19.042 shall:

1. submit an application for renewal of an authorization to operate, at least 180 daysprior to the date of expiration, which shall include all appropriate information relatingto the operation of the facility including, without limitation,

a. a discussion of any changes in operation and monitoring of the facility during theprevious authorization period;b. a narrative summary of the monitoring data for the prior five years of operation;c. a report covering the entire monitoring history of the facility including a detailedoutline of the facility's monitoring program, all monitoring results organized in aclear and concise table with an explanation of any missing or non-representative data,an analysis of any trends, any proposals for upgrading the monitoring program, anda discussion of monitoring results;d. a report containing information on leachate generation rates and the managementor fate of that leachate, changes in operation and equipment, operational problemsand proposed solutions, and plans to upgrade or improve facility operations to bettercomply with environmental laws and regulations and a record of all violations ofrequirements of 310 CMR 19.000 or permit conditions during the authorizationperiod;e. a determination, with documentation, of the remaining approved capacity or lifeexpectancy of the facility;f. documentation that the facility has been and will continue to be meeting itsrecycling and waste restriction requirements;g. adequate financial assurance has been established; andh. a demonstration that the facility is operating in compliance with all applicablerequirements of 310 CMR 19.000.

2. notify the municipality in which the facility is located as well as the municipalitiesthat are under contract to the facility.

(b) Issuance. The Department, upon review of a renewal application, shall determinewhether the applicant has satisfactorily complied with all terms, conditions and requirementsof the facility permit, the expiring authorization to operate and 310 CMR 19.000.

1. If the Department determines that the applicant has complied hereunder, theauthorization to operate may be reissued.2. If the Department determines that the applicant has not complied hereunder, or othercircumstances exist which indicate noncompliance with any provisions of 310 CMR19.000 or the permit or any authorizations, the Department shall take appropriate actionto secure compliance including, but not limited to, a denial of reissuance. If theDepartment refuses to renew the authorization the permittee shall have a right to ahearing in accordance with M.G.L. c. 30A, § 13.

(c) Conditions and Terms of a Renewal. The Department may include all conditions of theoriginal authorization to operate and pursuant to 310 CMR 19.036 may establish newconditions for the authorization to operate based on the owner’s and operator's record ofcompliance with applicable laws and regulations, the site assignment, plan submissions,public health and environmental impacts of the facility, revisions of 310 CMR 19.000, thefacility financing requirements and remaining capacity of the facility.

(6) Enforcement. The issuance of an authorization to operate shall not limit the Department'sright to take enforcement actions, including, without limitation, the suspension, revocation ormodification of the permit or revocation of the authorization to operate, if any provision of310 CMR 19.000 or any condition of the permit, authorization to operate or any order issued bythe Department is violated.



2/14/14 310 CMR - 634.10

19.043: Conditions for Permits and Other Approvals

(1) Items Subject to Conditions. The Department may grant a permit or an authorization subjectto such conditions as are necessary to ensure compliance with 310 CMR 19.000 or to protect thepublic health, safety, or the environment including, without limitation: the period of time forwhich a permit or authorization is valid, phased development of construction or operations,minimum recycling or composting requirements, the kind or type of waste allowed, siteassignment conditions, inspection, financial assurance, technical data gathering, data analysis,quality control, quality assurance, sampling, monitoring, reporting and verification.

(2) Condition(s) on Amount of Solid Waste Accepted. Every permit or authorization to operateshall contain one or more limits on the amount of solid waste which the facility can accept duringa fixed period of time, not to exceed one year.

(3) Liability. No permit shall be issued except upon the condition that the holder shall be liablejointly and severally with the owner or operator for any civil or administrative penalties assessedor orders entered by the Department arising from any improper facility operation, maintenance,closure, post-closure or other activities performed in violation of the Department's regulationsand applicable statutes. The Department may, in its sole discretion, enforce said conditionagainst the holder in any enforcement action taken pursuant to applicable statutes or regulations.Nothing in 310 CMR 19.043 shall:

(a) limit the liability of owners or otherwise legally responsible parties from these or anyother applicable statutes or regulations;(b) limit the right of the Department to issue notices, orders, or levy penalties for violationsof these and other applicable regulations or permit conditions, to facility owners, holders, orotherwise legally responsible parties;(c) bar any otherwise valid agreement to insure, hold harmless or indemnify the holder forany liability arising out of operation of the facility;(d) limit the liability of owners or otherwise legally responsible parties for damages tonatural resources of the Commonwealth or reimbursement of the Commonwealth for anycleanup costs for the facility site incurred by the Commonwealth; or(e) affect the right of the holder to seek contribution from any joint wrongdoer.

(4) Financial Conditions. The Department may condition a permit or authorization on theapplicant submitting such proof as the Department deems necessary to establish that at the timeof permit and during the projected operating period the applicant shall have adequate funds tooperate and maintain the facility in compliance with applicable statutes and regulations andpermit conditions. Such financial conditions may require, without limitation, the periodicsubmission to the Department of approved operating budgets and fee schedules and may compelthe cessation of operations and closure of the facility in the absence of adequate financial ability.

(5) Standard Conditions. The following conditions shall apply to all owners and operators:(a) Duty to Comply. The owner and operator shall comply at all times with the terms andconditions of the permit or other approval, 310 CMR 19.000, M.G.L. c. 111, § 150A, and allother applicable state and federal statutes and regulations, including, but not limited to, thepermit review criteria at 310 CMR 19.038(2)(a)1. through 10.(b) Duty to Maintain. The owner and operator shall always operate and maintain allfacilities, environmental control and monitoring systems, vehicles and equipment as requiredby 310 CMR 19.000 or by the facility permit or other approval.(c) Duty to Halt or Reduce Activity. The owner and operator shall halt or reduce activitywhenever necessary to maintain compliance with 310 CMR 19.000 or the conditions of thepermit or other approval, or to prevent an actual or potential threat to the public health, safetyor the environment.(d) Duty to Mitigate. The owner and operator shall remedy and shall act to prevent allpotential and actual adverse impacts to persons or the environment resulting fromnon-compliance with 310 CMR 19.000 or terms or conditions of the permit or otherapproval. The owner and operator shall repair at his own expense all damages caused bysuch non-compliance.(e) Duty to Provide Information. The owner and operator shall furnish to the Department,within a reasonable time, any information which the Department may request and which isdeemed by the Department to be relevant in determining whether cause exists to modify,revoke, or suspend a permit or other approval, or to determine if the owner and operator arecomplying with 310 CMR 19.000 or the permit or other approval.



2/14/14 310 CMR - 634.11

19.043: continued

(f) Entries and Inspections. The owner and operator shall allow personnel or authorizedrepresentatives of the Department, without warrant, upon presentation of Department- issuedidentification to enter the facility to:

1. investigate, sample and inspect any records, condition, equipment, operation, practiceor property at the facility relating to regulated activities;2. to determine and enforce compliance with M.G.L. c. 21A, §§ 2 and 8, St. 1987,c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A½ and/or 310 CMR 19.000.

(g) Records. All records and copies of all reports required by 310 CMR 19.000 shall bekept by the owner or operator for at least three years. This period shall be automaticallyextended for the duration of any enforcement action. This period also may be extended byorder of the Department. All recordkeeping shall be in compliance with 310 CMR 19.009.(h) Signatory Requirement. All reports, and information requested or ordered by theDepartment, shall be signed by a responsible official of the owner or operator in accordancewith 310 CMR 19.011(1).(i) Duty to Inform. The owner and operator shall have a continuing duty to immediately:

1. correct any incorrect facts in an application, report or other document submitted tothe Department;2. report or provide to the Department any omitted facts which should have beensubmitted to the Department at any time;3. report to the Department, in advance, each planned change in the facility or activitywhich might result in non-compliance with a term or condition or a permit or approval;4. report to the Department each change in the information listed in the application filedpursuant to 310 CMR 19.030;5. report by the next business day any emergency condition (such as, but not limited to,a fire) that will have an extended impact on facility operations or pollution control,unless required to notify on a different schedule in accordance with 310 CMR 19.132 or310 CMR 40.0000: Massachusetts Contingency Plan; and6. notify the Department of any change in the owner's or operator's name or mailingaddress.

(j) Notification of Bankruptcy. The owner and operator shall notify the Department bycertified mail of the commencement of a voluntary or involuntary proceeding pursuant toTitle 11 (Bankruptcy) of the United States Code in which the owner or operator is named asdebtor within ten days after commencement of the proceeding.



2/14/14 310 CMR - 634.12

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2/14/14 310 CMR - 635

19.044: Transfer of Permits

General. No sale, assignment, or transfer of the rights or privileges, or effective control ofsuch rights or privileges, granted under a permit to establish, expand, construct, operate ormaintain a facility shall be valid until a responsible official of the transferee submits a transfercertification (on a form prepared by the Department) in accordance with 310 CMR 19.011(1) tothe Department indicating:

(a) proof that notice that the facility is operating or was operated has been recorded in theregistry of deeds, or if the site is registered land, in the registry section of the land court forthe district wherein the land lies. The notice shall be captioned "Notice of Solid WasteFacility" and shall contain a title reference citing the source of title of the land on which thefacility is to be constructed (i.e., the deed with book and page number if recorded land;probate number if acquired through a probate proceeding; and certificate of title number ifregistered land). This notice shall be incorporated either in full or by reference into all futuredeeds, and any other instrument of transfer, which coney an interest in and/or a right to usethe land on which the facility or a portion thereof, is located; (b) the agreement provides that the transferee is responsible to correct any and all conditionsat the site or facility which result in a threat to public health, safety or the environment orconstitute violations of the site assignment, laws, regulations or conditions of the permit,approvals, or authorizations existing at the time of transfer whether or not such conditionsare the subject of a Department enforcement action prior to the date of the transfer. Atransfer of a permit shall not relieve previous owners of liability for the site underM.G.L. c. 21E or c. 21H; and(c) the transferee has obtained financial assurance as required under 310 CMR 19.051.Where financial assurance is required no transferee shall operate without said financialassurance.

19.045: Facility Closure and Post-closure

(1) General. Any facility that stops accepting solid waste voluntarily or in accordance with anypermit, authorization or order issued by the Department or a court of competent jurisdiction orunder any other circumstances shall comply with the requirements of 310 CMR 19.045.

(2) Notification of Voluntary Closure. The owner and/or operator shall notify the Departmentno later than six months prior to the date that the facility will stop accepting solid waste.

(3) Compliance with Regulations. Closure activities shall be carried out in compliance withall applicable regulations and the permit. Landfills shall meet the specific closure requirementsestablished at 310 CMR 19.140: Landfill Closure Requirements.

(4) Completion of Closure. A facility shall be deemed closed on the date of the Department'swritten determination that the closure of the facility has been completed in accordance with thefinal closure/post-closure plan.

19.050: Private Facility Tax

(1) Authority. 310 CMR 19.050 is promulgated pursuant to M.G.L. c. 16, § 24A, and St. 1987,c. 584.



10/7/05 310 CMR - 636

19.050: continued

(2) Resource Recovery Facilities. The operator of a privately owned or operated resourcerecovery facility shall pay a tax in accordance with 310 CMR 19.050(5) and M.G.L. c. 16, § 24Ato the municipality in which the facility is located. This tax shall be in lieu of all taxes, fees,charges or assessments imposed by the municipality in which the facility is located, except forreal estate taxes imposed solely upon the land on which the facility is located. For purposes of310 CMR 19.050, "resource recovery facility" means a facility utilizing processes for reclaimingthe material or energy value from solid wastes.

(3) Landfills. The owner or operator of a landfill, where that person is other than a town oragency of the commonwealth, shall pay a tax in accordance with 310 CMR 19.050(5) andM.G.L. c. 16, § 24A to the municipality in which the facility is located. This tax shall be in lieuof all taxes, fees, charges or assessments imposed by the municipality in which the facility islocated, except for real estate taxes imposed solely upon the land on which the facility is located.Where the owner and operator are both private and separate entities the operator shall pay saidtax.

(4) Exceptions. The owners or operators of the following facilities are not subject to theprovisions of 310 CMR 19.050:

(a) landfills used by the owner for the sole disposal of solid waste generated from theowner's premises; and(b) the combustion facility located in Saugus pursuant to St. 1985, c. 84 for which there isa pre-existing agreement.

(5) Amount of the Tax.(a) Base Rate. The tax rate shall be $1.00 per ton of solid waste processed. For thepurposes of 310 CMR 19.050 the term "processed" means the acceptance or handling of solidwaste or other discarded materials subject to 310 CMR 19.000 at a combustion facility orlandfill.(b) Annual Inflation Adjustment. The tax rate shall be adjusted each January 1st by thepercentage change of the Boston Consumer Price Index for all urban consumers (BCPI) forthe previous 12 months computed using the September to September figures for the BCPI.The first adjustment shall be made on January 1, 1981 and further adjustments shall be madeevery succeeding January 1.

(6) Reporting and Payment.(a) General. All persons subject to the requirements of 310 CMR 19.050 shall file atonnage report on a form as may be supplied by the Department on or before the 20th of eachmonth.(b) Content. The tonnage report shall indicate the total tons of solid waste processed at thefacility in the preceding calendar month and the amount of tax owed.(c) Filing. The tonnage report shall be signed and certified in accordance with 310 CMR19.011 and submitted to the board of health in the municipality in which the facility islocated.(d) Payment. The payment of any tax owed pursuant to the requirements of 310 CMR19.050 is due on the due date of the tonnage report.

19.051: Financial Assurance Requirements

(1) Applicability. The provisions of 310 CMR 19.051 apply to:(a) landfills; and(b) other facilities which the Department determines on a facility specific base shouldprovide such financial assurance.



10/7/05 310 CMR - 641

19.060: continued

(16) Category 3 -- Use of Secondary Materials in Restricted Applications.(a) Applicability. Secondary materials that are beneficially used in applications that utilizerisk management techniques in order to prevent adverse impact or significant risks to publichealth, safety and the environment, including, but not limited to, nuisance conditions shallbe reviewed in accordance with 310 CMR 19.060(16).(b) Demonstrating Compliance With the Reuse Criteria. Compliance with the ReuseCriteria can be achieved by demonstrating that release and exposure pathways are adequatelycontrolled through the use of risk management procedures (e.g. engineering controls; uselimitations, etc.) If adequate control of such pathways cannot be demonstrated, a reusespecific assessment is required, as described at 310 CMR 19.060(16)(b)1. or 2. Compliancewith the Reuse Criteria has been achieved if no concentration of any hazardous material isgreater than the Upper Concentration Limit as described in 310 CMR 40.0996 and conditionsspecified in either 310 CMR 19.060(16)(b)1. or 2. are met:

1. The concentrations of all hazardous materials are at or below background, asdetermined by a statistically valid and appropriate background concentration sample dataset of Massachusetts soils; or,2. No concentration of a Hazardous Material contained in, or release resulting from theuse of, a proposed secondary material, as appropriate, exceeds acceptable limits asdemonstrated using one of the following approaches:

a. Numerical Standards Approach. Hazardous material concentrations may notexceed applicable standards and guidelines as stipulated by DEP. If an appropriateDEP standard or guideline does not exist for all constituents in all relevant media,then a guideline may be proposed by the applicant developed using protocolsconsistent with those used in the derivation of existing DEP standards and guidelinesfor that medium. In addition to the standards and guidelines, the applicant shalldemonstrate that the reuse will not lead to exceedences of the MassachusettsDrinking Water Quality Standards at 310 CMR 22.00; Massachusetts Air QualityStandards at 310 CMR 7.00; Massachusetts Contingency Plan Method 1 Standardsat 310 CMR 40.0970; and, Massachusetts Surface Water Quality Standards at 314CMR 4.00.b. Total Waste Reuse Risk Approach. Using this approach, Total Waste Reusecancer and non-cancer risks shall be determined as follows:

i. Total cancer risks and non-cancer risks shall be calculated for all appropriateexposure pathways and receptors.ii. The assessment shall be performed in a manner consistent with scientificallyacceptable risk assessment practices as detailed in guidance published by theDepartment.iii. A condition of no significant risk to human health has been achieved if:

- No Exposure Point Concentration of any hazardous material is greater thanapplicable public health or environmental standards; and,- Total Waste Reuse Risk (the aggregate risk attributable to all hazardousmaterials) results in excess lifetime cancer risk of less than five-in-onemillion and a non-cancer cumulative hazard index of less than 0.5.

3. Public Health and Safety. A level of no significant risk to public health and safetyexists or has been achieved if the use of the proposed secondary material will not posea threat of physical harm or bodily injury to people and will not create nuisanceconditions, including, but not limited, to noxious odors and noise, in the foreseeablefuture.4. Environment. A level of no significant risk of harm to the environment exists, or hasbeen achieved, if there is no indication of the potential for biologically significant harm(at the subpopulation, community, or system-wide level), either currently or for anyforeseeable period of time, to Environmental Receptors as described at 310 CMR40.0000 considering their potential exposures to the proposed secondary material.

(c) Application Requirements. In addition to the general application requirements cited at310 CMR 19.060(5), the applicant shall submit the following:

1. Characterization. The application shall include risk characterization information, thescope and level of effort of which shall depend on the proposed secondary material, thebeneficial use, and the specific exposure assumptions identified. The characterizationshall be of sufficient scope and adequately documented to demonstrate compliance withthe Reuse Criteria at 310 CMR 19.060(13).



2/14/14 310 CMR - 642

19.060: continued

2. Location. If the Department determines during the pre-application review that thelocation of the beneficial use activity must be identified in order to manage risks posedby the beneficial use activity, a U.S.G.S. 7.5 minute topographic map or smaller scaleequivalent map clearly marking the location(s) of the beneficial use activities. 3. End of Use Management. A description of how the proposed secondary material maybe managed when removed or processed during its lifecycle.

(d) Property Owner Notification. The Applicant shall prepare and record, when requiredby permit term or condition, a record in the Registry of Deeds, Land Court, or otherpermanent record approved by the Department that shall:

1. Provide notice to holders of any interest(s) in a property or a portion thereof(including without limitation, owners, lessees, tenants, mortgagee, and holders ofeasement rights) of the existence and location of the secondary material at such propertyand the conditions for continued beneficial use and ultimate disposal, if applicable;2. Outline management options if removed, modified, or processed during its lifecycleto prevent adverse impacts and significant risks to public health, safety and theenvironment, including, but not limited to, nuisance conditions; and3. Provide reference to the Department beneficial use application file by including thepermit application transmittal number and file location.

(17) Category 4 -- Use of Secondary Material in Unrestricted Applications.(a) Applicability. Secondary materials that are beneficially used in applications that do notlimit exposure to potential human or environmental receptors from secondary materialconstituents are reviewed in accordance with 310 CMR 19.060(17) when constituents havethe potential to adversely impact or create a risk to public health, safety, or the environment,including, but not limited to, nuisance conditions when improperly stored, treated,transported, disposed of, used, or otherwise managed.(b) Demonstrating Compliance With the Reuse Criteria. Compliance with the ReuseCriteria shall be made on the basis of provisions detailed in 310 CMR 19.060(16)(b), usingconservative, unrestricted general exposure assumptions (e.g. residential exposures includingsensitive receptors) in order to protect public health, safety and the environment. (c) Application Requirements. In addition to the general permit application requirementsidentified at 310 CMR 19.060(5) the application shall include characterization information,the scope and level of effort of which shall depend on the proposed secondary material, thebeneficial use, and the general exposure assumptions identified with this category of use.The characterization shall be of sufficient scope and adequately documented to demonstratecompliance with 310 CMR 19.060(13): Reuse Criteria.

19.061: Special Waste

(1) General. The management of special waste shall not result in adverse impacts to the publichealth, safety or the environment or result in nuisance conditions. Management of a specialwaste comprises the receipt, handling, storage, processing, treatment and/or disposal of suchspecial waste.

(a) Except as provided at 310 CMR 19.061(3), the owner and operator of a facility maymanage a special waste without prior written approval from the Department.(b) The owner and operator of a facility with an existing special waste(s) approval issuedbefore February 14, 2014 may continue to manage such special waste in accordance with theexisting approval(s) or, alternatively, may manage special waste in accordance with310 CMR 19.061provided that:

1. an owner or operator of a transfer station that is not a C&D waste transfer stationsubmits a certification in accordance with 310 CMR 19.035; or2. an owner or operator of any other type of facility makes a submission in accordancewith 310 CMR 19.034.

(2) Exclusions. The following special wastes are not subject to the management requirementsof 310 CMR 19.061(3):

(a) Asbestos waste that consists of:1. intact and unbroken vinyl asbestos tile (VAT);



Other asbestos-containing roofing shingles and siding products such as those containing a1

cementitious binding characterized as being hard and brittle are subject to the managementrequirements of 310 CMR 19.061(3).

2/14/14 310 CMR - 643

19.061: continued

2. asphaltic asbestos-containing siding products and asphaltic asbestos-containingroofing materials such as roofing felts and roofing shingles ; or1

3. other asbestos waste excluded by the Department in writing from the managementrequirements of 310 CMR 19.061(3).

(b) Medical or biological waste that has been rendered non-infectious in accordance with105 CMR 480.000: Minimum Requirements for the Management of Medical or BiologicalWaste (State Sanitary Code Chapter VIII), and is packaged, labeled and otherwise managedin accordance with 105 CMR 480.000: Minimum Requirements for the Management ofMedical or Biological Waste (State Sanitary Code Chapter VIII).

(3) Management Requirements for Asbestos Waste, Medical or Biological Waste, and Sludge.(a) General Requirements. The following requirements shall apply to any facility handlingor disposing asbestos waste, medical or biological waste, or sludge unless such material hasbeen excluded pursuant to 310 CMR 19.061(2):

1. at least 45 days prior to accepting asbestos waste, medical or biological waste, orsludge, the facility owner or operator submits to the appropriate Regional Office of theDepartment and the board of health of the municipality where the facility is located:

a. a certification in accordance with 310 CMR 19.035 for a transfer station whichis not a C&D waste transfer station; orb. a presumptive approval application in accordance with 310 CMR 19.034 for anyother type of facility.

2. The submission shall include:a. the type and quantity of asbestos waste, medical or biological waste, or sludgeintended to be managed on a daily, weekly, monthly and yearly basis; andb. the intended methods to be employed for managing the asbestos waste, medicalor biological waste or sludge.

(b) Specific Requirements for Managing Asbestos Waste. In addition to the requirementsat 310 CMR 19.061(1) and (3)a., asbestos waste shall be managed as follows:

1. Asbestos waste shall not be accepted for disposal at a solid waste combustion facility;2. Asbestos waste that has not been properly wetted, containerized and labeledaccording to 310 CMR 7.15: U Asbestos shall not be accepted at any facility;3. Asbestos waste that has been properly wetted, containerized and labeled shall bemanaged so as to maintain the integrity of the containers and to prevent emissions ofasbestos fibers to the ambient air; and4. Landfill Specific Requirements. In addition to the above requirements, any ownerand operator of a landfill that receives asbestos waste shall observe the followingrequirements:

a. Asbestos waste shall be immediately disposed in the landfill and shall not bestored at the landfill prior to placement in the landfill;b. Asbestos waste shall be placed in the landfill in such manner as to prevent therelease of asbestos fibers to the ambient air during placement;c. Asbestos waste placed in the landfill shall immediately be covered by sufficientamounts of either solid waste that does not contain asbestos or daily cover material,to assure that no asbestos fibers are released to the ambient air during or subsequentto compaction;d. Accurate records shall be maintained of the surveyed location(s) in the landfillof all asbestos waste. Locations of asbestos waste deposition shall be noted in theNotice of Landfill Operation required pursuant to 310 CMR 19.141. Locations ofasbestos waste deposition shall also be included whenever information regarding thefacility is recorded in the chain of title for the property on which the landfill operatespursuant to M.G.L. c. 111, § 150A;e. Areas of the landfill containing asbestos waste shall be clearly marked by theoperator;f. Areas of the landfill containing asbestos waste shall not be excavated unlesswritten approval is issued by the Department; andg. Compliance with the applicable requirements of 40 CFR 61.154.



2/14/14 310 CMR - 644

19.061: continued

(c) Requirements for Managing Medical or Biological Waste. In addition to therequirements at 310 CMR 19.061(1) and (3)a., any owner and operator of a facility managingmedical or biological waste shall manage such waste as follows:

1. Medical or biological waste shall be treated, packaged, labeled and disposed of inaccordance with 105 CMR 480.000: Minimum Requirements for the Management ofMedical or Biological Waste (State Sanitary Code Chapter VIII).2. Landfills. Medical or biological waste shall not be disposed in a landfill unless thewaste is rendered non-infectious in accordance with 105 CMR 480.000: MinimumRequirements for the Management of Medical or Biological Waste (State Sanitary CodeChapter VIII).

(d) Requirements for Managing Sludge. In addition to the requirements at 310 CMR19.061(1) and (3)a., any owner and operator of a facility shall manage sludge as follows:

1. General Requirements. Disposal of any sludge shall comply with the followingrequirements:

a. a sludge may be accepted at a disposal facility only after recycling or other reuseoptions, such as land application, conversion and composting, have been investigatedby the applicant or by the generator of such sludge;b. a sludge accepted at a facility shall not contain free draining liquids; andc. a sludge disposed at a landfill shall contain a minimum of 20% solids.

2. Landfill Requirements for Sewage Treatment and Water Treatment Sludges. Inaddition to the requirements set forth at 310 CMR 19.061(3)(d)1., any owner or operatorof a landfill shall ensure that sewage treatment and water treatment sludge disposed ata landfill shall be incorporated into the active face of a landfill in a 3:1 mixture of solidwaste to sludge or placed in a designated area and covered immediately.

19.062: Demonstration Projects or Facilities

(1) Applicability. Any person who wishes to establish a demonstration project at a permittedsolid waste management facility or establish a demonstration solid waste management facilityfor the purpose of demonstrating the effectiveness and utility of a new or innovative solid wastemanagement technology shall submit an application to the Department for a demonstrationproject permit and notify the board of health of jurisdiction.

(2) Application Requirements. An application for a demonstration project permit shall include:(a) a detailed description of the proposed activity, including:

1. a discussion of the objectives of the project;2. a discussion of the purposes for undertaking the project;3. an analysis indicating the benefits of the proposed new technology;4. a description of the applicability of the new technology to solid waste managementin general;5. a description of how the applicant intends to provide for the receipt and treatment ordisposal of those types and quantities of solid waste proposed to be necessary forpurposes of determining the efficiency and performance capabilities of the technologyor process; and6. a technical analysis indicating environmental, public health and safety benefits andrisks from the proposed new technology;

(b) a set of plans which shall include:1. a site plan indicating the location of the project or facility;2. an operational plan outlining operational details of the project or facility, theparticular types of equipment required for proper operation and a discussion of measuresto be taken to ensure the protection of public health, safety or the environment;3. a corrective action plan which indicates how conventional solid waste managementtechnology shall be utilized in the event of failure of the proposed technology; and4. a data collection and analysis plan which outlines all data collection and analysisprocedures, protocols and reporting formats required to document and evaluate whetherthe demonstration project has achieved its objectives.

(c) a project timetable; and(d) such other descriptions, plans or information as the Department deems necessary toreview the demonstration project.



2/14/14 310 CMR - 645

19.062: continued

(3) Department Review of an Application. The Department shall not grant a permit for ademonstration project unless:

(a) the application is complete and accurate;(b) the facility has a valid site assignment where required pursuant to the Site AssignmentRegulations at 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities;(c) the facility has a valid permit and necessary authorizations issued by the Department,if applicable;(d) the project can be adequately accommodated at a permitted facility without interferingwith or disrupting normal operations of the facility, where the project is to be located at apermitted facility;(e) the demonstration project or facility has merit and seeks to improve operational aspectsof a facility, produce significant cost savings or serve to increase protection of human healthand the environment;(f) the proposed demonstration project will not cause or contribute to pollution of the air,water or other natural resources of the Commonwealth; and(g) the applicant has provided adequate proof of financial assurance as specified in310 CMR 19.062(5).



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2/14/14 310 CMR - 649

19.080: continued

(8) Expiration, Modification or Suspension of a Variance. Any variance or other modificationmade pursuant to 310 CMR 19.080 may be subject to such qualification, revocation, suspension,or expiration as the Department expresses in the variance. A variance or other modificationmade pursuant to 310 CMR 19.080 may otherwise be revoked, modified, or suspended pursuantto 310 CMR 19.039 or 19.040.

19.081: Enforcement Provisions

(1) Wherever 310 CMR 19.000, or any approvals or orders issued pursuant thereto, requires thatthe owner and/or operator shall take action or refrain from taking action, the owner and operatorshall be jointly and severally liable such that the Department may take action for any violationsof 310 CMR 19.000 against the owner, the operator or both.

(2) General. No standard, requirement or condition established in 310 CMR 19.000 orprovision of any permit, authorization, modification, determination, or other approval or orderor other enforcement document issued pursuant to 310 CMR 19.000, shall be construed to limitany right of the Department to take enforcement action pursuant to any other authority. Anyfailure by any person whose activities are governed by M.G.L. c. 111, § 150A and 310 CMR19.000, to comply fully with the provisions thereunder or the terms and conditions of any order,permit, authorization, modification, determination, or other approval or order or otherenforcement document issued pursuant to 310 CMR 19.000, or with the terms of a siteassignment, shall constitute a violation of M.G.L. c. 111, § 150A and 310 CMR 19.000. It shallalso be a violation of 310 CMR 19.000 for any person to:

(a) Fail to submit a certification, log, application for a permit or permit modification, plan,report, third-party inspection report, or any other document within the time period specifiedin 310 CMR 19.000 or in any approval, order, or permit issued by the Department;(b) Provide or cause to be provided any false, inaccurate, incomplete or misleadinginformation, in any certification, log, application for a permit or permit modification, plan,report, third-party inspection report, third-party inspector qualifications statement, or anyother document which that person is required to submit to the Department pursuant to310 CMR 19.000;(c) Provide any false, inaccurate, incomplete or misleading information to a third-partyinspector or influence a third-party inspector to provide any false, inaccurate, incomplete ormisleading information in any certification, third-party inspection report or other submittalto the Department pursuant to 310 CMR 19.000;(d) Alter or misrepresent the findings or recommendations made by a third-party inspectorin a third-party inspection report submitted to the Department pursuant to 310 CMR 19.018;(e) Hold himself or herself out as a responsible official when he or she is not fullyauthorized to bind the entity he or she claims to bind;(f) Fail to comply fully with the applicable standards, requirements or conditions establishedin 310 CMR 19.000 or with the provisions of any permit, authorization, modification,determination, or other approval or order issued, or with the terms and conditions of anycertification submitted, pursuant to 310 CMR 19.000;(g) Act without submitting a certification in accordance with 310 CMR 19.000 or withouta permit or other approval issued pursuant to 310 CMR 19.000 or site assignment where oneis required; or(h) Violate any other provision of 310 CMR 19.000.

(3) Action by the Department. Whenever the Department has cause to believe that a violationhas occurred, it may without limitation:

(a) order the owner or operator of the site or facility, or any other person responsible for theviolation, to cease operations until the violation is corrected to the satisfaction of theDepartment, or until such person obtains a site assignment, solid waste facility permit, andany other applicable approval pursuant to 310 CMR 19.000, or other applicable permitpursuant to 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities; (b) order the owner or operator of the site or facility, or any other person responsible for theviolation, to cease immediately or at a specified date all illegal activity, and to comply fullywith M.G.L. c. 21A, §§ 2 and 8, St. 1987, c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150Aand 150A½, 310 CMR 19.000, or any permit, authorization, certification, determination, orapproval submitted or issued pursuant to 310 CMR 16.00: Site Assignment Regulations forSolid Waste Facilities or 310 CMR 19.000;



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(c) order the owner or operator of the site or facility, or other person responsible for theviolation, to take appropriate remedial measures, immediately or by a specified date , to bringthe site or facility into compliance to the satisfaction of the Department or to protect publichealth or safety or the environmental resources of the Commonwealth, including withoutlimitation, closure of the site or facility;(d) commence proceedings pursuant to 310 CMR 19.040 to rescind, suspend, revoke, ormodify a permit;(e) commence proceedings pursuant to M.G.L. c. 111, § 150A to rescind, suspend, ormodify a site assignment;(f) issue a notice of non-compliance or assess a civil administrative penalty pursuant toM.G.L. c. 21A, § 16 and 310 CMR 5.00: Administrative Penalty or initiate an enforcementaction in accordance with applicable statutes and regulations;(g) refer the matter to the Attorney General for civil or criminal action pursuant to anyapplicable statute; or(h) take such other action as provided by 310 CMR 19.000 or other applicable statutory orregulatory authority as the Commissioner deems appropriate.

(4) Service of Notices and Orders. Service in all civil administrative penalty actions isgoverned by 310 CMR 5.00: Administrative Penalty. The Department serves an order accordingto the following procedure except for processes, notices, and orders issued in the course of anadjudicatory hearing, which are governed by the provisions of 310 CMR 1.00: AdjudicatoryProceedings:

(a) Service of an order may be made via hand delivery or mail. Service of an order whenmade by any form of mail requiring the return of a receipt signed by the person to be servedis complete upon receipt by the person or by any officer, employee, or agent of the personauthorized by appointment of the person or by law to accept service. The fact and date ofservice is established by the returned receipt or by affidavit of the person who hand deliverythe order.(b) The Department may make service of an order in any other manner, including any formof telecommunications or publication, that is reasonably calculated to give actual notice ofthe order to the person to be served. The Department may uses such alternative or substitutemethods of service when the recipient refuses to accept service by the means set forth in310 CMR 19.081(4)(a) or when exigent circumstances require its doing so. The fact and dateof service in such cases is established by such records as may be available.

(5) Right to Adjudicatory Hearing. Subject to the provisions of 310 CMR 19.081(6), a personwho is the subject of an order issued pursuant to 310 CMR 19.081(3) shall have the right to anadjudicatory hearing on such order pursuant to 310 CMR 1.01: Adjudicatory Proceeding Rulesfor the Department of Environmental Protection. Any right to an adjudicatory hearingconcerning assessment of a civil administrative penalty shall be determined in accordance withthe provisions of 310 CMR 5.00: Administrative Penalty.

(6) Waiver of Right to Adjudicatory Hearing. Any person who is the subject of an order issuedpursuant to 310 CMR 19.081(3) shall be deemed to have waived the right to an adjudicatoryhearing, unless, within 21 days of the date of service of the order, the Department receives awritten statement setting forth the basis for the request, subject to and in compliance with theapplicable provisions of 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department ofEnvironmental Protection.

(7) Burden of Persuasion. In an adjudicatory hearing under 310 CMR 19.081(5), the burdenshall be on the person conducting the solid waste activities regulated pursuant to 310 CMR19.000 to persuade the Department that:

(a) the solid waste activity does not create public nuisance conditions and does not pose athreat to public health, safety or the environment; and (b) the person conducting the solid waste activities is and will continue to be in compliancewith M.G.L. c. 111, § 150A and 310 CMR 19.000.



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19.082: Penalties

(1) General. A person who or which violates the provisions of M.G.L. c. 111, § 150A or310 CMR 19.000 is subject to judicially imposed criminal and civil penalties as well as civiladministrative penalties imposed by the Department. Each day that a violation occurs orcontinues constitutes a separate violation.

(2) Penalties.(a) A violation may be punished under the statute by the imposition of a penalty that doesnot exceed $25,000 for each day of violation.(b) A violation may be punished pursuant to the provisions of M.G.L. c. 21A, § 16, and310 CMR 5.00: Administrative Penalty, by the administrative imposition of a penalty of noless than $100 and not more than $25,000 for each day of violation.(c) A violation may be punished under the statute by a fine of not more than $25,000, or byimprisonment for not more than two years in a house of correction.

(3) Punishment. Punishment imposed under the statute is in addition to any other penaltyprescribed by law.

19.083: Enforcement of Minimum Recycling Requirements

(1) The Department may allow the acceptance of recyclable or compostable materials wheresuch acceptance will result in the facility not meeting the 25% recycling requirement establishedat 310 CMR 19.038(2)(d), with prior notification and approval of the Department, under thefollowing circumstances:

(a) the material is contaminated or is otherwise not acceptable for recycling or compostingbecause it is commingled with solid waste, provided that the person(s) who contaminated orcommingled the material with solid waste is promptly notified and take(s) necessary actionsto prevent a reoccurrence of the conditions which caused the disposal; or(b) the recycling or composting operation or end user to which the restricted material isnormally sent declines to accept the material or is prohibited from accepting the material asa result of an administrative or judicial order, provided that an alternative recycling orcomposting operation or storage facility or end user which will accept the material cannotbe found within a reasonable period of time.

(2) Failure to comply with approved plans submitted pursuant to 310 CMR 19.030(3) or (4) orapplicable permit conditions shall constitute a violation of 310 CMR 19.000. The Departmentmay require a modified plan to be submitted where the minimum requirement is not beingachieved.



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19.120: Design Requirements for Woodwaste Landfills

(1) Applicability.(a) Landfills that accept only woodwastes, as defined herein, may be permitted by theDepartment using designs, materials, technologies or methodologies other than thosespecified in 310 CMR 19.110 and 19.112, provided that the operation of the woodwastelandfill will accept only woodwastes and will not present a threat to public health, safety orthe environment. Specifically, woodwaste landfill applications may include an applicationfor a ground water protection system waiver and/or final cover waiver as specified in 310CMR 19.114.(b) The following woodwaste disposal areas are exempt from regulation under this part,provided the operation incorporates good management practice and is done in a manner tominimize pollution to air, water or other natural resources of the Commonwealth:

1. woodwaste disposal areas exempted from site assignment pursuant to 310 CMR16.05(5)(d) (single family residence or farm); and2. other woodwaste disposal areas which will contain a total volume of less than 200cubic yards.

(2) Plans for Woodwaste Landfills. Plans for woodwaste landfills shall be submitted inaccordance with the requirements of 310 CMR 19.104. The Department may waive some of thelandfill facility design requirements specified at 310 CMR 19.104 as it deems appropriate forwoodwaste landfills.

19.121: Landfill Gas Recovery Operations

(1) General. Landfills conducting gas recovery operations shall conduct such operations andmonitoring in accordance with 310 CMR 19.121 and the approved design, operation andmaintenance plans and in a manner to prevent interference with on-going site activities or othercontrol measures.

(2) Submittal of Landfill Gas Recovery Plans. All persons proposing to construct a landfill gasrecovery facility shall submit an application for a permit to construct and operate that facilitypursuant to 310 CMR 19.121. An application shall consist of:

(a) a site plan containing the information and documentation required at 310 CMR19.104(2)(a) through (c) and (i);(b) a design plan consisting of:

1. a description of all machinery, equipment, and materials used at the facility, includingthe equipment's make, model, manufacturer, design capacity, and performance data;2. plan views and cross-sectional views of the location and grades of all landfill gascollection lines showing all critical elevations of the collection pipe inverts, clean outs,and valves; layout of the facility structure including equipment locations and samplinglocations; on-site drainage structures; and extraction well locations, depth of placementand construction materials;3. a description of how construction of the facility's gas recovery extraction wells,piping and other appurtenances will ensure the integrity of the final cover system ismaintained; and4. a description of the facility's landfill gas condensate collection, storage, and treatmentsystems. The design capacity for these systems must be based on the engineering report'sestimate of the amount of landfill gas condensate produced.

(c) an operation and maintenance plan consisting of the information and documentationrequired at 310 CMR 19.104(5)(b) through (d) and (f); and(d) an engineering report consisting of:

1. a description of the operation of the facility and how the recovered gas will be used;2. an estimate of the quantities of condensate currently generated or expected to begenerated and a description of how the condensate will be disposed;3. an estimate of the cost to properly close the gas recovery operation at the end of itsuseful life;4. a description of how the landfill gas recovery system relates to the landfill's overallgas venting and control system;5. a description of the procedures for taking, analyzing, and reporting data fromcondensate sampling; and



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6. a contingency plan that discusses an organized and planned method of responding tounexpected events during the construction and during the operation of a gas recoveryoperation.

(3) Permit Criteria. A permit to construct a landfill gas recovery facility shall be reviewed andgranted pursuant to the review procedures specified under 310 CMR 19.001 through 19.099. Inaddition, all gas recovery facilities that use combustion of any type shall be permitted, designedand operated in accordance with all applicable requirements of the Air Pollution Controlregulations, 310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth ofMassachusetts through 8.00: Prevention and/or Abatement of Air Pollution IncidentEmergencies.

(4) Landfill Gas Recovery Facility Operation and Maintenance Requirements. Landfill gasrecovery facilities shall conform to the operational requirements established in 310 CMR 19.121,including:

(a) condensate generation shall be kept to a minimum and condensate recirculation, ifproposed, shall be done in accordance with the permit;(b) condensate shall be sampled and results reported in accordance with the permit;(c) gas monitoring shall occur in accordance with 310 CMR 19.132(4); and(d) an annual report on the operation of the landfill gas recovery facility shall be submittedto the Department as specified in the permit. This report shall contain the followinginformation, compiled on a monthly basis:

1. quantity of landfill gas recovered;2. quantity of condensate generated and recirculated or treated;3. quantity of steam generated, electricity generated, or low Btu or pipeline quality gasproduced, as applicable; and4. summary of sampling data.

19.130: Operation and Maintenance Requirements

(1) General. An operator shall incorporate procedures and practices, in accordance withapproved plans and permit conditions, such as proper sequencing of landfill operations, propergrading of the site, proper maintenance of drainage and collection systems, and the applicationof adequate amounts and appropriate types of cover materials, which will prevent pollution ofground water, surface water and air quality and prevent nuisance conditions from developing.

(2) Operator Supervision. The overall care, maintenance and management for a landfill shallbe under the direction of a qualified operator.

(3) Special Wastes. No solid waste that is a special waste shall be received or disposed at anylandfill unless the provisions of 310 CMR 19.061 are satisfied and the special waste is managedin accordance with any conditions specified by the Department in any approval to manage thespecial waste.

(4) Banned or Restricted Solid Wastes. Any solid waste which has been banned or restrictedfrom disposal pursuant to 310 CMR 19.017 shall be managed at a landfill in accordance with thefacility’s waste ban compliance plan prepared and approved in accordance with 310 CMR19.017(5) unless an exception has been granted under 310 CMR 19.017(6).

(5) Hazardous Waste.(a) No operator shall dispose of any material subject to the Hazardous Waste Regulations,310 CMR 30.000, at a solid waste landfill permitted pursuant to M.G.L. c. 111, § 150A. (b) The operator shall implement a program, approved by the Department, for detection andexclusion of hazardous wastes.(c) The operator shall immediately notify the Department and the board of health of thediscovery of any material subject to 310 CMR 30.000: Hazardous Waste.

(6) Bulky Wastes.(a) An operator may accept bulky wastes where:

1. the handling of such wastes is consistent with the facility's permit or site assignment;and



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(d) The operator shall submit to the Department, no later than February 15 of each calendarth

year, an annual report summarizing the facility's operations for the previous calendar year orportion of a calendar year that waste is handled at the facility. The report shall describe andsummarize:

1. the amount of solid waste handled during that year with the quantity reported in tons;2. the filled capacity of the facility in cubic yards and the estimated density of thelandfilled solid waste;3. the amount of capacity remaining in the landfill in cubic yards;4. the volume of daily and intermediate cover material applied to the landfill during thatyear;5. all environmental monitoring and sampling data trends from ground water, surfacewater and gas monitoring systems; and6. a demonstration of how the landfill's operations during the year complied with theprovisions of the recycling and composting plan contained as part of the facility's solidwaste management permit.

(35) Inspections. The facility shall be inspected by a third-party inspector in accordance with310 CMR 19.018.

(36) Re-circulation of Leachate. The Department may allow the re-circulation of leachate if itis demonstrated to the Department that such a procedure will be conducted to achieve areasonable environmental goal and the operation will not compromise the integrity of the landfill,including the liner and leachate collection systems, or result in unacceptable adverse impacts tothe public health, safety or the environment, or result in nuisance conditions. A request forleachate re-circulation shall include:

(a) the goals and expectations of the re-circulation activity; (b) a report detailing the engineering considerations that need to be addressed by the re-circulation activity including, but not limited to, stability of the landfill, leachate collectionsystem performance, odor concerns and landfill gas issues (generation rate and controls, etc.);(c) identification of potential adverse impacts (odors etc.) resulting from the re-circulationactivity and a contingency plan to address any potential adverse impacts should they occur;(d) methods used to monitor the performance of the re-circulation operations to ensure theyare within safe operating parameters and achieving project goals; (e) amount and rate of leachate to be recirculated, how leachate will be distributed, andstorage needs and methods; and,(f) an evaluation of financial assurance mechanisms to ensure the availability of adequatefunds to address corrective actions that may result if there are problems with the re-circulation system.

(37) End-of-life Mercury-added Products. Mercury-added products that are hazardous wastepursuant to 310 CMR 30.000: Hazardous Waste shall be handled in accordance with 310 CMR30.000: Hazardous Waste. Mercury-added products that are not hazardous waste shall behandled in accordance with 310 CMR 76.05(2).

19.131: Additional Operation and Maintenance Requirements for Landfills that Accept Ash

(1) General. In addition to the operation and maintenance requirements set forth in 310 CMR19.130, operators of landfills that accept ash shall comply with the operation and maintenancerequirements set forth in 310 CMR 19.131.

(2) Fugitive Emissions. Ash landfills shall minimize the generation of fugitive emissionsresulting from the delivery, dumping and compacting of ash.

(3) Ash Moisture Content. Ash shall be transported and delivered to an ash landfill in a dampstate, sufficient to prevent emissions of fugitive dust during the dumping, spreading, compactingand covering of the ash.

(4) Spreading and Compacting of the Ash.(a) Ash shall not be deposited in an ash landfillfill unless it is completely extinguished.(b) Ash shall be evenly spread in layers and thoroughly compacted.



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(5) Vehicle Washdown or Wheelwash or Other Alternative Measures. Ash landfills may berequired to be equipped with an ash vehicle washdown area or wheelwash or other alternativemethod for the cleaning of ash from the vehicle prior to leaving the landfill where the vehiclewill need to travel on public roads. The design of the washdown facility or wheelwash oralternative method, if required, shall ensure that washdown water is adequately collected fortreatment and disposal.

19.132: Environmental Monitoring Requirements

(1) General. The owner or operator shall conduct monitoring of surface water, ground water,landfill gas and any other media as determined by the Department, including without limitationsoil and sediment, on a schedule established in the permit or as otherwise required byDepartment. The owner or operator of facility that submits environmental monitoring resultsunder the provisions of 310 CMR 19.132 shall ensure that analytical and environmentalmonitoring data submitted to the Department is scientifically valid and defensible, and of a levelof precision and accuracy commensurate with its stated or intended use. Compliance with thisperformance standard includes, but is not limited to:

(a) employing procedures and methodologies for the collection and analysis of soil,sediment, water (or other liquids), vapor, air, and/or waste samples that consist of:

1. methods published by the Department, the U.S. Environmental Protection Agency,the American Society for Testing and Materials (ASTM), the American Public HealthAssociation (APHA), the National Institute for Occupational Safety and Health (NIOSH),the American Water Works Association (AWWA), and other organizations withexpertise in the development of standardized analytical testing methods; or2. other methods approved by the Department.

(b) retaining a person who is qualified by education, training and experience to performsample collection and analysis.

(2) Surface and Ground Water Monitoring.(a) The owner and operator shall ensure that surface and ground water monitoring areconducted at any active landfill and during the facility's post-closure period set forth in310 CMR 19.142.(b) The owner or operator of a facility shall conduct surface and ground water monitoringat sampling points established in the permit and/or as required by the Department. Thegroundwater point of compliance for a landfill shall be no more than 150 meters from theedge of the waste disposal area (as delineated in the facility's current permit specified in theengineering plans referenced in the permit, or as otherwise delineated by the Department),or the property line, whichever is less. (c) The owner or operator shall establish background surface water and ground waterquality at sampling points hydraulically upgradient of the landfill. Background water qualityshall be determined by a minimum of four quarterly rounds of samples for each of themonitoring parameters or constituents listed in 310 CMR 19.132(2)(h).(d) The owner or operator shall conduct surface and ground water monitoring on a scheduleestablished in the permit or as required by the Department. At a minimum, monitoring shallbe performed semi-annually except as required pursuant to 310 CMR 19.132(2)(c), unlessthe Department approves or orders, in writing, a different frequency of sampling.(e) The Department may refuse to accept monitoring data where:

1. the sample was taken from a ground water monitoring well for which the Departmenthas not received and approved as-built construction plans, boring logs and well locations;2. the sample was taken from a ground water monitoring well constructed in a mannernot approved by the Department;3. the analyses were performed by a laboratory other than a Massachusetts certifiedlaboratory, unless the sample is accompanied by a complete QA/QC submittal;4. the sample was not handled in accordance with the sampling and preservationrequirements (e.g., sample container, holding time and sample volume) specified by thetesting method;



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5. the sample was taken from a monitoring device or location that is damaged or has notbeen maintained in accordance with 310 CMR 19.133;6. the sample does not contain sufficient documentation regarding chain of custody;7. the sample was not collected or analyzed in accordance with 310 CMR 19.132(1);or8. the Department has reason to believe the sampling data is false, inaccurate,incomplete or misleading.

(f) The owner or operator shall submit all analytical results to the Department within 60days after the date of sample collection or as specified in the permit or as otherwise requiredby the Department. The analytical results shall be summarized in tables with a discussionof the results including a trend analysis. Where the Department provides a form forenvironmental monitoring reports, the report shall be submitted on that form and shallcontain all information as requested by that form. If no form is provided by the Department,the report shall include, unless otherwise approved by the Department, the followinginformation:

1. site plans or maps showing sampling locations, distribution of contaminants,groundwater contours and groundwater flow direction;2. a letter report briefly summarizing the data and identifying any issues of concern;3. all field Quality Assurance/Quality Control information; and4. chain of custody forms.

(g) The owner or operator shall record static ground water elevations and total well depthprior to collecting a ground water sample whenever a monitoring well is to be sampled.(h) At a minimum, the owner or operator shall analyze surface and ground water samplesfor the following parameters, unless otherwise approved by the Department based on reviewof past monitoring results or other relevant information:

1. Indicator parameters:a. pH (in situ);b. Alkalinity;c. Temperature (in situ);d. Specific Conductance (in situ);e. Nitrate Nitrogen (as Nitrogen);f. Total Dissolved Solids;g. Chloride;h. Calcium;i. Sodium;j. Iron;k. Manganese; andl. Sulfatem. Chemical Oxygen Demand (COD)n. Dissolved Oxygen

2. Inorganics:a. Arsenic;b. Barium;c. Cadmium;d. Chromiume. Copperf. Cyanide;g. Lead;h. Mercury;i. Selenium;j. Silver; andk. Zinc.

3. all of the compounds included in EPA Method 8260, and methyl ethyl ketone, methylisobutyl ketone, acetone and 1,4 dioxane. In addition, unknown peaks having intensitiesgreater than five times the background intensity shall be identified (Method 8260 isdetailed in the EPA publication SW-846, entitled Test Methods for Evaluating SolidWaste); and4. any additional parameters required by the Department.



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19.132: continued

(i) The owner or operator shall ensure that practical quantitation limits (or laboratoryreporting limits) meet or are below the Maximum Contaminant Level (MCL) or applicablestandard for each analyte tested. If not, the Department will not accept the data.(j) If the concentrations of any of the parameters listed in 310 CMR 19.132(2)(h) exceedthe state or federal drinking water standards, Maximum Contaminant Levels (MCLs),Ambient Water Quality Standards for surface water samples established at 314 CMR4.00: Massachusetts Surface Water Quality Standards, or alternative standards establishedin a permit;, or guidelines or standards established by a permit, order or authorization issuedby the Department for contaminants for which no federal or state standard exists, at anysampling point, the owner or operator shall:

1. notify the Department within 14 days of the finding; and2. collect, analyze and submit to the Department another round of samples within 60days of the prior date of sample collection and determine the concentration of allparameters identified in 310 CMR 19.132(2)(h) that were exceeded unless otherwisespecified by the Department.

(k) Where the Department determines, at any time, based upon the ground and surface wateranalyses from the facility, upgradient water quality and baseline water quality, thatassessment and corrective actions shall be required, the owner or operator shall undertakethe assessment and/or corrective actions as determined by the Department. Such assessmentshall characterize the full nature and extent of contamination, and the risks of harm to publichealth, safety and the environment in accordance with the requirements of 310 CMR 19.150and 310 CMR 40.0114: Solid Waste Management Facilities. In establishing the applicablestandards for groundwater down-gradient of the point(s) of compliance the Department shallconsider the factors and procedures contained in 310 CMR 40.0900: Procedures andStandards for the Characterization of the Risk of Harm to Health, Safety, Public Welfare andthe Environment and 310 CMR 40.1000: Response Action Outcomes.(l) Nothing in 310 CMR 19.132 shall limit the responsibility of the owner or operator tocomply with the provisions of M.G.L. c. 21H, § 4, M.G.L. c. 111, § 150A, 310 CMR 19.150,M.G.L. c. 21E, and 310 CMR 40.0000: Massachusetts Contingency Plan at all locationsdown-gradient of the point(s) of compliance.

(3) Monitoring of the Secondary Leachate Collection or Leak Detection System.(a) The owner or operator shall monitor the quantity and quality of leachate collected by thesecondary leachate collection system or leak detection system, where such a system has beenconstructed. Monitoring shall be accomplished as specified in the solid waste managementfacility permit, the leachate discharge permit or as deemed necessary by the Department.(b) The owner or operator shall submit, in addition to permit requirements, the results ofthe leachate monitoring from the secondary leachate collection system or leak detectionsystem to the Department with third-party inspection reports.(c) Where leachate is determined by the Department to have entered the secondary leachatecollection system or leak detection system in excess of design standards, the owner oroperator shall undertake the actions specified under 310 CMR 19.150 and 310 CMR 19.151as required by the Department.

(4) Leachate Monitoring.(a) The owner or operator shall monitor the quantity and quality of leachate as deemednecessary by the Department or as specified in the leachate discharge permit.(b) The owner or operator shall submit, in addition to permit requirements, the results ofthe leachate monitoring to the Department with the inspection reports required pursuant to310 CMR 19.130(35).

(5) Gas Monitoring.(a) The owner or operator shall sample and physically and chemically characterize therecovered gas, condensates, or any other residues generated, and submit a copy of suchanalyses to the Department.(b) The owner or operator shall conduct gas monitoring as follows:

1. Sampling and analysis of landfill gas shall be done in accordance with methodsapproved by the Department.



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2. The owner or operator shall conduct landfill gas monitoring at sampling pointsestablished in the permit and/or as required by the Department.3. The owner or operator shall conduct landfill gas monitoring on a schedule establishedin the permit or as required by Department. Monitoring shall be performed quarterlyunless otherwise approved by the Department.

(c) The Department may not accept landfill gas monitoring data where:1. the sample was taken from a gas monitoring device for which the Department has notreceived and approved as-built construction plans and locations; or2. the sample was taken from a gas monitoring device constructed in a manner notapproved by the Department;3. the analyses were performed by a laboratory other than an approved laboratory,unless the sample is accompanied by a complete QA/QC submittal; 4. the sample was taken from a monitoring device or location that is damaged or has notbeen maintained in accordance with the requirements of 310 CMR 19.133; 5. the sample was taken from a monitoring device or location that is damaged or has notbeen maintained in accordance with 310 CMR 19.133;6. the sample does not contain sufficient documentation regarding chain of custody;7. the sample was not collected or analyzed in accordance with 310 CMR 19.132(1);or8. the Department has reason to believe the sampling data is false, inaccurate,incomplete or misleading.

(d) The owner or operator shall submit all analytical results to the Department within 60days after the date of sample collection or as specified in the permit. The analytical resultsshall be summarized in tables with a discussion of the results, and shall include an analysisof pertinent trends. Where the Department provides a form for environmental monitoringreports, the report shall be madesubmitted on that form and shall contain all information asrequested by that form. If no form is provided by the Department, the report shall include,unless otherwise approved by the Department, the following information:

1. site plans or maps showing sampling locations, concentrations and gas exceedences;2. a letter report briefly summarizing the data and identifying any issues of concern;3. all field Quality assurance/Quality control information; and4. chain of custody forms.

(e) The owner or operator shall conduct gas monitoring at any active landfill and for thepost-closure period set forth in 310 CMR 19.142(2).(f) Landfill gas samples shall be analyzed for volumes and concentrations of explosivegases. In addition, the Department may require monitoring for the following:

1. hydrogen sulfide;2. volatile organic compounds; and3. any additional parameters required by the Department.

(g) When, at any time, the concentration of explosive gasses exceeds 10% of the lowerexplosive limit (LEL) in any building, structure, or underground utility conduit, excludinggas control, gas recovery and leachate collection system components, the owner or operatorshall:

1. take immediate action to protect human health and safety;2. notify the Department’s Regional Office that covers the municipality in which thefacility is located within two hours of the finding; and3. undertake the actions specified under 310 CMR 19.150: Landfill AssessmentRequirements and 19.151: Corrective Action Requirements as required by theDepartment.

(h) Except in buildings, structures and underground utility conduits for which 310 CMR19.132(4)(g) applies, when, at any time, the concentration of explosive gasses exceeds 25%of the lower explosive limit (LEL) at the property boundary or beyond, excluding gas control,gas recovery and leachate collection system components, the owner/operator shall:

1. take immediate action to protect human health and safety;2. notify the Department’s Regional Offcie that covers the municipality in which thefacility is located within 24 hours of the finding; and3. undertake the actions specified under 310 CMR 19.150: Landfill AssessmentRequirements and 19.151: Corrective Action Requirements as required by theDepartment.



2/14/14 310 CMR - 680

19.132: continued

(i) When the concentration of any of the parameters for which monitoring is required at310 CMR 19.132(4)(f)1., 2. or 3. exceeds any permit standards or federal or state regulationsthe owner or operator shall notify the Department within 14 days of the findingand undertake the actions specified under 310 CMR 19.150: Landfill AssessmentRequirements and 19.151: Corrective Action Requirements as required by the Department.

19.133: Maintenance of Environmental Control and Monitoring Systems

(1) Landfill environmental control and monitoring systems shall be maintained and repaired orreplaced as provided for in 310 CMR 19.133:

(a) The landfill shall be operated in a manner which will protect all environmental controlsystems as approved in the Operation and Maintenance plan and monitoring systems asapproved in the Operation and Maintenance plan or permit.(b) The operator shall ensure the regular maintenance of all landfill environmental controlsystems as approved in the Operation and Maintenance plan or permit.(c) The operator shall notify the Department of the existence of damaged or destroyedenvironmental control systems or monitoring devices and the extent of the damage. Theoperator shall submit such notification, in writing, within 14 days of discovery and shallprovide a schedule for repair or replacement for approval by the Department. Repair orreplacement of monitoring devices shall be completed prior to the next scheduled samplinground.(d) Surface water, ground water and gas monitoring locations shall be maintained so as tomeet the requirements set forth in 310 CMR 19.118.(e) The operator shall notify the Department of the existence of a damaged or destroyedsurface water sampling location marker and the extent of the damage. The operator shallsubmit such notification, in writing, within 14 days of discovery and shall provide for repairor replacement of the location marker prior to the next scheduled sampling round.

19.140: Landfill Closure Requirements

(1) General. Any facility that must stop accepting solid waste in accordance with 310 CMR19.000, any permit, authorization or order issued by the Department or a court of competentjurisdiction or under any other circumstances shall comply with the requirements of 310 CMR19.140.

(2) Notification of Voluntary Closure. The owner and/or operator shall notify the Departmentno later than six months prior to the date that the facility will stop accepting solid waste.

(3) Closure Assessment. The owner or operator of a landfill shall initiate an assessment inaccordance with 310 CMR 19.150 prior to landfill closure to determine and evaluate the extentof any adverse impact(s) of the landfill on the environment as a result of the construction oroperation and maintenance of the facility and develop a corrective action design in accordancewith 310 CMR 19.151.

(4) Preparation and Submittal of Final Closure/Post-closure Plans. The operator shall submitthe final closure/post-closure plan prior to undertaking any closure construction activities. Inaddition to the information provided in the conceptual closure/post-closure plan developed inaccordance with 310 CMR 19.104(6), the final closure/post-closure plan shall include:

(a) a report containing the findings of the site assessment required under 310 CMR 19.150;(b) a proposed schedule of remedial or corrective actions, as required based on theassessment or other information, in accordance with 310 CMR 19.150 and 19.151;(c) modified design plans, if necessary, based upon deviations from the conceptual closureplans and/or the actions required under 310 CMR 19.150 and 19.151; and(d) a description and schedule of proposed post-closure maintenance, monitoring andassessment activities necessary to protect the public health, safety and the environment.

(5) Department Review. The Department may approve the final closure and post-closure plansif the Department is persuaded by the applicant that the provisions in the plan would ensure that:

(a) solid waste disposal activities shall be terminated upon the facility stop date;



2/14/14 310 CMR - 680.1

19.140: continued

(b) no conditions exist that could attract vectors or cause nuisance conditions;(c) the facility will be deactivated or closed; and(d) all practicable measures shall be taken to prevent pollution of the environment or athreat to public health or safety from the site.

(6) Completion of Closure. A facility shall be deemed closed on the date of the Department'swritten determination that the closure of the facility has been completed in accordance with thepermit.

(a) A facility shall be deemed to be closed for the purposes of 310 CMR 19.000 on the dateof the Department's determination. A facility shall be deemed to be closed only after theapplicant has documented that the Notice of Landfill Operation has been recorded orregistered as required pursuant to 310 CMR 19.141 and the Department has issued itsdetermination of closure.(b) The post-closure period shall begin on the date of the Department's determination.

19.141: Notice of Landfill Operation

Prior to obtaining a determination from the Department that closure of a landfill has beencompleted or an approval from the Department for a post-closure use of a landfill, the owner oroperator of a landfill shall record a notice that a landfill has been operated on a site in the registryof deeds or in the registry section of the land court for the district wherein the landfill lies inaccordance with M.G.L. c. 111, § 150A. The notice shall be captioned "Notice of LandfillOperation” and shall contain a title reference citing the source of title of the land on which thefacility was constructed (i.e., the deed with book and page number if recorded land; probatenumber if acquired through a probate proceeding; and certificate of title number if registeredland). This Notice shall be incorporated either in full or by reference into all future deeds, andany other instrument of transfer, which conveys an interest in and/or a right to use the land onwhich the facility or a portion thereof, is located. The Notice shall contain the following:

(a) identification of record owners of the property;(b) a description of the landfill site, by metes and bounds and by reference to an appropriatemap or plan to be recorded therewith, signed by a qualified professional engineer or a landsurveyor, depicting the boundaries of the filled area and the location of any and all leachatecollection devices, gas and ground water monitoring wells associated with the site;(c) a detailed description of the type and extent of the final cap and cover on the landfill;(d) a description of the nature and duration of post-closure maintenance and monitoringrequirements for the site and the amount and form of the financial assurance requirementspursuant to 310 CMR 19.000;(e) reference to the Department file number or other Department means for identifying thelandfill file; and (f) the following statement:

"The premises described herein are subject to the provisions of M.G.L. c. 111,§ 150A and 310 CMR 19.000. Said premises shall not be used for any purposeother than as a landfill without the approval of the Department of EnvironmentalProtection. Transfer of the facility requires the transfer of the permit inaccordance with 310 CMR 19.044. The procedure for Department approval forany use other than as a landfill is set forth at 310 CMR 19.143. Such Departmentapproval of other use is transferable or assignable only upon approval of theDepartment."

19.142: Landfill Post-closure Requirements

(1) General. The owner, successors or assigns shall maintain, care for and monitor the siteduring the post-closure period in order to ensure the integrity of the closure measures and todetect and prevent any adverse impacts of the site on public health, safety or the environment.

(2) Post-closure Period. For the purposes of 310 CMR 19.142 the post-closure period shallextend for a minimum of a 30 year period.



2/14/14 310 CMR - 680.2

19.142: continued

(3) Post-closure Period Waiver. The Department may, upon request, reduce the post-closureperiod to less than 30 years if it finds that a shorter period will be sufficient to protect publichealth, safety, and the environment. The Department's review will include, but not be limitedto, a consideration of the quantity and quality of leachate generated by the landfill, ground watermonitoring results, characteristics of the waste disposed, stability of the waste, design of thefacility and location of the site.

(4) Post-closure Period Extension. The post-closure period may be extended by the Departmentat any time prior to the time that the post-closure period is due to expire where the Departmentfinds an extension is necessary in order to ensure protection of public health, safety or theenvironment or to mitigate adverse impacts.

(5) Post-closure Requirements. During the post-closure period the owner or operator (orsuccessors or assigns thereto) shall perform the following activities on any closed portion of thefacility:

(a) take corrective actions to remediate and/or mitigate conditions that would compromisethe integrity and purpose for the final cover;(b) maintain the integrity of the liner system and the final cover system;(c) collect leachate from and monitor and maintain leachate collection system(s);(d) monitor and maintain the environmental monitoring systems for surface water, groundwater and air quality;(e) maintain access roads; (f) maintain landfill gas control systems;



2/14/14 310 CMR - 681

19.142: continued

(g) protect and maintain surveyed benchmarks; and(h) have the landfill inspected by a third-party inspector in accordance with 310 CMR19.018 and such third-party inspection shall be conducted in accordance with the frequencyand other requirements of 310 CMR 19.018, unless more frequent inspections or morestringent requirements are contained in the terms of any approval, order or other documentissued by the Department pursuant to 310 CMR 19.000.

(6) Inspection Requirements. The owner, operator, successor or assigns shall have the facilityinspected by a third-party inspector in accordance with 310 CMR 19.018.

(7) Additional Measures. The owner, successors or assigns shall institute such additionalmeasures during the post-closure period as the Department deems necessary for the protectionof public health or safety or the environment.

(8) Termination of the Post-closure Period. The post-closure period shall end on the date of theDepartment's written determination that the post-closure care, maintenance and monitoring ofthe site are no longer required. Said written determination in no way limits or absolves theowner of liability for the site in the future.

19.143: Post-closure Use of Landfills

(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a facility was operatedshall be used for any other purpose without:

(a) a written approval for any post-closure use on a landfill's final cover or affecting anappurtenance to a landfill, including but not limited to appurtenances required for themanagement of leachate, landfill gas and stormwater; or(b) a presumptive approval in accordance with 310 CMR 19.034 for any other type ofpost-closure use at a landfill facility.

(2) Submission of Post-closure Use Plans. Any person proposing to use a landfill for anypurpose following closure of a facility shall submit plans for the post-closure use to theDepartment for review.

(3) Criteria for Approval of Post-closure Use. Any post-closure use of a landfill shall beaccomplished such that:

(a) the final contours of the landfill are not altered, unless the Department determines:1. the disturbance is necessary to the proposed use and that it will not result in anadverse impact to public health, safety or the environment; or2. the disturbance is necessary to reduce threats to public health, safety or theenvironment;

(b) the integrity of the final cover, the components of any containment system and thefunction of the facility's monitoring systems are not impaired:(c) drainage facilities, ponds, swales, ditches and other erosion/sedimentation controls aremaintained.

(4) Post-closure Construction. Construction during the post-closure phase shall beaccomplished in accordance with the following:

(a) buildings shall be above-grade structures. Any penetration of the landfill final covershall be designed and constructed to ensure that the integrity of the final cover is maintained.Construction of basements which penetrate the low permeability layer is prohibited; (b) buildings shall be constructed to prevent accumulation of gas within the structure.Buildings shall include gas monitoring and warning systems and may be required to includean active gas venting system; and(c) all utility connections shall be designed and constructed with flexible connections.



10/7/05 310 CMR - 682

19.150: Landfill Assessment Requirements

(1) Applicability.(a) General. An assessment shall consist of all activities, as determined by the Department,required to identify the existence, source, nature and extent of pollution or threat of pollution,the extent of the adverse impact from any pollution and the feasible cost-effectivealternatives available to correct or reduce the impacts of pollution. This shall include, butis not limited to, the identification and evaluation of all potential and actual migrationpathways and receptors including the determination of exposure point concentrations.(b) When an Assessment is Required. A landfill assessment shall be conducted:

1. when required by the Department pursuant to 310 CMR 19.132(1)(j);2. when required by the Department pursuant to 310 CMR 19.132(4) when explosivegases exceed concentrations as specified in 310 CMR 19.132(4)(g) or landfill gasespresent a threat of pollution as specified in 310 CMR 19.132(4);3. where a secondary leachate collection system or leak detection system exists at thelandfill, the quantity of leachate detected in the secondary leachate collection system orleak detection system exceeds the design leakage, as specified in 310 CMR 19.132(2);4. prior to final closure of the landfill as specified in 310 CMR 19.140(3); or5. such other time as the Department determines that a landfill or dumping groundpresents a threat to public health, safety or the environment.

(2) Department Determinations. Upon submittal of an Assessment or Corrective ActionAlternatives Analysis, the Department shall make one of the following determinations:

(a) The Assessment or Corrective Action Alternatives Analysis is approved. TheDepartment may impose terms and conditions on its approval, including a schedule andsequence for submission of further data and implementation of the response actions; or(b) The Assessment or Corrective Action Alternatives Analysis is incomplete, inadequateor inconsistent with 310 CMR 19.000 or other applicable laws or regulations and furtheractivities are required.

(3) Assessment Process. An assessment shall be conducted in three phases: initial siteassessment; comprehensive site assessment; and corrective action alternatives analysis. At theend of each phase, based on the results of the analyses provided in accordance with approvedplans, the Department shall determine if a subsequent phase shall be conducted and specify thescope of work. The Department may consider such factors as the potential threat to public healthand the environment, costs and benefits of further study, comparative implementation andmaintenance costs and other relevant factors in making its determination on subsequent phasesof assessment or corrective action.

(4) Initial Site Assessment.(a) General. The owner or operator shall obtain and submit such data as the Departmentdetermines is necessary to adequately describe the physical characteristics of the landfill andthe surrounding environment, document the operational history of the landfill, and developthe scope for the comprehensive site assessment.(b) Content of Initial Assessment. The initial site assessment shall consist of a number ofsite-specific tasks as determined by the Department.

(5) Comprehensive Site Assessment.(a) General. The owner or operator shall obtain and submit such data as the Departmentdetermines is necessary to characterize the impact of the landfill on public health, safety andthe surrounding environment and develop the scope for any further study.(b) Content of Comprehensive Assessment. The comprehensive assessment shall consistof a number of site-specific tasks as determined by the Department.

(6) Corrective Action Alternatives Analysis.(a) General. The Corrective Action Alternatives Analysis shall analyze options forcorrective actions to eliminate or mitigate the potential adverse impact caused by conditionsat the facility and to complete final closure in accordance with 310 CMR 19.140: LandfillClosure Requirements. In considering an alternative for corrective action, the owner oroperator shall consider those actions that are necessary to comply with the provisions of 310CMR 40.0114 and to minimize to the extent feasible the potential for adverse future impactsfrom the landfill.



2/14/14 310 CMR - 689

19.207: continued

(21) Recycling Operations.(a) The operator may make provisions for the recycling of materials provided that a definiteplan of procedure is implemented and followed to enable said operation to be carried out inan organized, sanitary, orderly and dependable manner with minimal interference to theroutine handling facility operations.(b) Any container, or specially designed enclosed area, used for the storage of recyclablematerials (such as glass, cans, paper, etc.) shall be clearly identified and maintained in a cleanand sanitary condition and the surrounding areas shall be kept in a similar condition. (c) All accumulated recyclable materials shall be removed from the facility at least every60 days and/or at such other times as may be specified by the Department.(d) Recyclable materials of a nature or in quantities that cause odor or pose a threat to thepublic health or are detrimental to the environment or the surrounding area shall not beaccumulated.

(22) Records for Operational and Plan Execution.(a) The operator shall maintain a daily log to record operational information, including butnot limited to the type and quantity of solid waste received and the status of allenvironmental control or monitoring systems.(b) The operator of existing or new handling facilities receiving 100 tons or more per dayshall weigh all incoming solid waste.(c) Operators of handling facilities that receive less than 100 tons per day shall, on a dailybasis, estimate the total weight and volume of waste delivered based upon the capacity of thevehicles which delivered solid waste to the facility.(d) The operator shall submit to the Department, no later than February 15 of each calendarth

year, an annual report summarizing the facility's operations for the previous calendar year orportion of a calendar year that waste is handled at the facility. Where the Departmentprovides a form for annual reporting, the report shall be made on, and shall contain, allinformation as requested by that form. Otherwise, the report shall describe and summarize:

1. the amount of solid waste handled during that year with the quantity reported in tons;2. all environmental monitoring and sampling data trends from ground water, surfacewater and gas monitoring systems from the monitoring required by the facility permit;and3. a demonstration of how the handling facility’s operations during the year compliedwith the provisions of the recycling and composting plan contained as part of thefacility's solid waste management permit.

(23) Screening and/or Fencing. The Department may require that the handling facility besuitably screened by fencing, or other approved methods, to shield the area from adjoiningproperties.

(24) Open Burning. No open burning of any refuse, including brush, wood or diseased treesshall be permitted at the handling facility site at any time of the year except as may be expresslypermitted by the Department pursuant to 310 CMR 7.07: U Open Burning.

(25) Inspections. The facility shall be inspected by a third party inspector in accordance with310 CMR 19.018, and such third-party inspection shall be conducted in accordance with thefrequency and other requirements of 310 CMR 19.018, unless more frequent inspections or morestringent requirements are contained in the terms of any approval, order or other document issuedby the Department pursuant to 310 CMR 19.000.

(26) End-of-life Mercury-added Products. Mercury-added products that are hazardous wastepursuant to 310 CMR 30.000: Hazardous Waste shall be handled in accordance with 310 CMR30.000: Hazardous Waste. Mercury-added products that are not hazardous waste shall behandled in accordance with 310 CMR 76.05(2).



2/14/14 310 CMR - 690

CLASS II RECYCLING PROGRAM

19.300: Preamble

310 CMR 19.300 through 19.303 establishes the process and requirements for Waste toEnergy Facilities that were in operation before December 31, 1997 to qualify as a Waste EnergyGeneration Unit under 225 CMR 15.00: Renewable Energy Portfolio Standard – Class II.

19.301: Applicability

310 CMR 19.300 only applies to a Waste to Energy Facility that was in operation beforeDecember 31, 1997 and is operating in compliance with 310 CMR 7.08(2): Municipal WasteCombustors and, and the Facility’s Solid Waste permit.

19.302: Definitions

All terms used in 310 CMR 19.300 through 19.303 shall have the meanings set forth in310 CMR 19.006 unless the context expressly states otherwise. The following additional termsshall have the following meanings unless the context clearly indicates otherwise.

Dedicated Account means the account established by a Waste to Energy Facility that hasqualified as a Waste Energy Generation Unit for receipt of revenue from the sale of any RPSClass II Waste Energy Generation Attribute.

Facility or Waste to Energy Facility means a Combustion Facility that generates Waste Energy.

[Note to reader: The following five definitions will follow the corresponding definitions foundat 225 CMR 15.00: Renewable Energy Portfolio Standard – Class II.]

Generation Attribute means a non-price characteristic of the electrical energy output of aGeneration Unit including, but not limited to, the Unit's fuel type, emissions, vintage and RPSeligibility.

Generation Unit means a facility that converts a fuel or an energy resource into electrical energy.

RPS Class II Waste Energy Generation Attribute means the Generation Attribute of theelectrical energy output of a specific Waste Energy Generation Unit that derives from the Unit'sproduction of Waste Energy.

Waste Energy means electrical energy generated from the combustion of municipal solid waste.

Waste Energy Generation Unit means a Generation Unit that utilizes conventional municipalsolid waste plant technology in commercial use to generate Waste Energy and has a Departmentapproved Class II Recycling Program.



CHAPTER NUMBER:

CHAPTER TITLE:

AGENCY:




ADDRESS:











Department of Elementary and Secondary Education

603 CMR 7.00

Educator Licensure and Preparation Program Approval

603 CMR 7.00 sets forth the standards for licensure of educators and for approval of educator

preparation programs in institutions of higher education and other organizations.

These amendments align the preparation and licensure standards for teachers, including library

teachers, with the standards for teacher evaluation that the Board of Elementary and Secondary

Education approved in June 2011 and streamline the licensure regulations by including only the

teacher standards and publishing the more detailed indicators for each standard in guidelines (except

for the indicators for Sheltered English Immersion, which will be retained in the regulations).

M.G.L. c. 69, s. 1B and c.71, s.38G

Liz Losee 781-338-3264

75 Pleasant Street, Malden, MA 02148

Joint Committee on Education, 11/20/13; Massachusetts Municipal Association, 11/20/13; Department of

Housing and Community Development, 11/20/13; Requirements of Executive Order 485 met.

12/6/13 - 1/3/14

Docket # 378





No fiscal effect:






SIGNATURE: DATE:



EFFECTIVE DATE:



SIGNATURE ON FILE


1254 02/14/2014

01/31/2014 mrs

02/14/2014

Jan 30 2014

XX

1/17/14

Educator Licensure

Amend 603 CMR 7.00

1, 2

63, 64

67, 68

73, 74

83 - 86

90.3, 90.4

90.11, 90.12

1, 2

63, 64

67, 68

73, 74

83 - 86

90.3, 90.4

90.11, 90.12



603 CMR: DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

8/31/12 603 CMR - 1


603 CMR 1.00: CHARTER SCHOOLS 11

Section 1.01: Scope, Purpose, and Authority 11 Section 1.02: Definitions 11 Section 1.03: General Provisions 12 Section 1.04: Charter Application and Procedures for Granting Charters 12.1 Section 1.05: Criteria for Assessment and Approval of Charter Applications,

Awarding of Charters 12.2 Section 1.06: Charter School Enrollment and Student Recruitment 12.5 Section 1.07: Charter School Staff 12.7 Section 1.08: Charter School Funding 12.7 Section 1.09: Ongoing Review of Charter Schools 12.9 Section 1.10: Complaint Procedures 12.10 Section 1.11: Amendments to Charters 12.11 Section 1.12: Renewal of Charters 12.12 Section 1.13: Charter Revocation, Probation, Suspension, and Non-renewal 12.12 Section 1.14: Severability Clause 12.14

603 CMR 2.00: ACCOUNTABILITY AND ASSISTANCE FOR SCHOOLDISTRICTS AND SCHOOLS 13

Section 2.01: Authority, Scope, and Purpose 13 Section 2.02: Definitions 13 Section 2.03: Accountability and Assistance for Districts and Schools in All Levels 16 Section 2.04: Accountability and Assistance for Districts and Schools in Levels 1

through 3 16.2 Section 2.05: Accountability and Assistance for Districts and Schools in Level 4 16.2 Section 2.06: Accountability and Assistance for Districts and Schools in Level 5 16.6 Section 2.07: Mathematics Content Assessments at Level 4 and Level 5 Schools 16.11

603 CMR 3.00: PRIVATE OCCUPATIONAL SCHOOLS 17

Section 3.01: Definitions 17 Section 3.02: General Provisions 17 Section 3.03: Application Process 18 Section 3.04: Registered Schools 18 Section 3.05: Sales Representatives 18 Section 3.06: Surety Requirement 18 Section 3.07: Facilities 19 Section 3.08: Equipment 19 Section 3.09: Curriculum 19 Section 3.10: Certificates or Diplomas 19 Section 3.11: Attendance, Grading and Progress Reports 20 Section 3.12: School Records 20 Section 3.13: Enrollment Contracts 20 Section 3.14: Advertisements 20 Section 3.15: Qualifications for Teachers 21 Section 3.16: License Renewal 21 Section 3.17: Suspension and Revocation 21 Section 3.18: Student Complaints 22

603 CMR 4.00: VOCATIONAL TECHNICAL EDUCATION 29

Section 4.01: Authority and Purpose 29 Section 4.02: Definitions 29 Section 4.03: Program Approval Criteria 31 Section 4.04: Program Approval Procedures and Policies 35 Section 4.05: Program Outcomes 36 Section 4.06: Unpaid Off-campus Construction and Maintenance Projects 36 Section 4.07: Types of Vocational Technical Teacher Licenses, Requirements for

Licensure and Licenses Issued 37



2/14/14 603 CMR - 2


603 CMR 4.00: VOCATIONAL TECHNICAL EDUCATION (continued)

Section 4.08: Types of Vocational Technical Administrator Licenses and Require-ments for Licensure 39

Section 4.09: Types of Vocational Technical Cooperative Education Coordinator Licenses and Requirements for Licensure 41

Section 4.10: Professional Standards 41 Section 4.11: Preliminary Vocational Technical Teacher License Renewal 47 Section 4.12: Professional Vocational Technical Educator License Renewal and

Professional Development 47 Section 4.13: General Provisions 50 Section 4.14: Certificate of Occupational Proficiency 50.3

603 CMR 5.00: DISPUTE RESOLUTION UNDER PARENTAL NOTIFICATIONLAW 51

Section 5.01: Authority, Scope and Purpose 51 Section 5.02: Definitions 51 Section 5.03: Local Process for Dispute Resolution 51 Section 5.04: Department of Education Process for Dispute Resolution 52

603 CMR 6.00: TEACHER QUALITY ENHANCEMENT 53

Section 6.01: Authority, Scope and Purpose 53 Section 6.02: Definitions 53 Section 6.03: Bonus Program: Criteria for Eligibility, Screening and Selection 53 Section 6.04: Bonus Program: Process for Application and Notification 54 Section 6.05: Master Teacher Corps Program 54.1

603 CMR 7.00: EDUCATOR LICENSURE AND PREPARATION PROGRAMAPPROVAL 55

Section 7.01: Purpose and Authority 55 Section 7.02: Definitions 55 Section 7.03: Educator Preparation Program Approval 60 Section 7.04: Types of Educator Licenses, Requirements for Licensure, Licenses

Issued, and Requirements for Field-based Experience 63 Section 7.05: Routes to Initial Teacher and Specialist Teacher Licenses 66 Section 7.06: Subject Matter Knowledge Requirements for Teachers 68 Section 7.07: Specialist Teacher Licenses 82.1 Section 7.08: Professional Standards for Teachers 84 Section 7.09: Licenses and Routes for Administrators 85 Section 7.10: Professional Standards for Administrative Leadership 89 Section 7.11: Professional Support Personnel Licenses 90 Section 7.12: Standards for Induction Programs for Teachers 90.2 Section 7.13: Standards for Induction Programs for Administrators 90.3 Section 7.14: Endorsements 90.3 Section 7.15: General Provisions 90.5

603 CMR 8.00: KINDERGARTENS: MINIMUM SCHOOL AGE 91

Section 8.01: Kindergartens 91 Section 8.02: Mandatory Minimum Age for School Attendance 91 Section 8.03: Waivers 91

(603 CMR 9.00: RESERVED) 93



2/14/14 603 CMR - 63

7.03: continued

(7) Restoring Approval.(a) A sponsoring organization must wait two years after approval of an educator preparationprogram has been revoked before it can apply to the Department to restore approval. Thesponsoring organization shall submit written documentation of how it will address therequirements set forth in 603 CMR 7.03(2) through (4).(b) The Department will review the written documentation to determine whether theorganization and its program(s) satisfy all of the requirements set forth in 603 CMR 7.03(2)through (4). Programs that demonstrate that they satisfy the requirements set forth in603 CMR 7.03(2) and (3) will be allowed to recruit students.

(8) Implementation. Approved programs leading to licenses set forth in 603 CMR 7.06 will berequired to implement the requirements set forth in 603 CMR 7.08 by July 1, 2016.

7.04: Types of Educator Licenses, Requirements for Licensure, Licenses Issued, and Requirements for Field- based Experience

(1) Types of Licenses.(a) Preliminary(b) Initial(c) Professional(d) Temporary

(2) Requirements for Teacher Licensure.(a) Preliminary. This is available only for licenses under 603 CMR 7.04(3)(a)

1. Possession of a bachelor's degree.2. Passing score on the Communication and Literacy Skills test.3. Passing score on the subject matter knowledge test(s) appropriate to the licensesought, based on the subject matter knowledge requirements set forth in 603 CMR 7.06,where available.4. Competency Review for candidates seeking the following licenses:

a. Teacher of students with moderate disabilities, teacher of students with severedisabilities, teacher of the deaf and hard-of-hearing, and teacher of the visuallyimpaired.b. Fields for which there is no subject matter knowledge test available.

5. Additional requirements for the early childhood, elementary, teacher of students withmoderate disabilities, and teacher of the visually impaired licenses:

a. Seminars or courses that address teaching these populations:i. Readingii. English language artsiii. Mathematics

b. Seminars or courses on ways to prepare and maintain students with disabilitiesfor general classrooms; for example, use of strategies for learning and of behavioralmanagement principles.c. Passing score on the Foundations of Reading test.



7/20/12 603 CMR - 64

7.04: continued

6. Additional requirements for the teacher of students with severe disabilities license:a. Seminars or courses that address teaching this population:

i Readingii. English language artsiii. Mathematics

b. Seminars or courses on ways to prepare and maintain students with disabilitiesfor general classrooms; for example, use of strategies for learning and of behavioralmanagement principles.

7. Additional requirements for the teacher of the deaf and hard of hearing license:a. Seminars or courses that address teaching this population:

i. Readingii. English language artsiii. Mathematics

b. Seminars or courses on ways to prepare and maintain students with disabilitiesfor general classrooms; for example, use of strategies for learning and of behavioralmanagement principles.c. Passing score on either a test of the teaching of reading to deaf and hard-of-hearing students approved by the Department, when available, or the Foundations ofReading test.

8. Evidence of sound moral character.(b) Initial.

1. Possession of a bachelor's degree.2. Passing score on the Communication and Literacy Skills test.3. Passing score on the subject matter knowledge test(s) appropriate to the licensesought, based on the subject matter knowledge requirements set forth in 603 CMR 7.06and 7.07. Where no test has been established, completion of an approved program willsatisfy this requirement.4. Completion of an approved program for the Initial license sought as set forth in603 CMR 7.03(2)(a).5. For core academic teachers, possession of an SEI Teacher Endorsement.6. Evidence of sound moral character.

(c) Professional.1. Possession of an Initial license in the same field as the Professional license sought.2. Completion of a one-year induction program with a mentor.3. At least three full years of employment under the Initial license.4. At least 50 hours of a mentored experience beyond the induction year, which may befulfilled as part of a program option in 603 CMR 7.04(2)(c)5.5. Completion of one of the following::

a. Approved district-based program for the Professional license sought as set forthin 603 CMR 7.03(2)(b)1.a.b. A master’s or higher graduate level program in an accredited college or universitythat is or includes one of the following:

i. Approved program for the Professional license sought as set forth in603 CMR 7.03(2)(b)1.b.ii. A master's degree program or other advanced graduate program in theacademic discipline appropriate to the license sought in a graduate or professionalschool other than education.

c. For those who have completed any master’s or higher degree or other advancedgraduate program not described in 603 CMR 7.04(2)(c)5.b., in an accredited collegeor university, one of the following:

i. Approved, non-degree, 12-credit program of which no fewer than nine creditsare in subject matter knowledge or pedagogy based on the subject matterknowledge of the Professional license sought as set forth in 603 CMR7.03(4)(b)1.ii. 12 credits of graduate level courses in subject matter knowledge or pedagogybased on the subject matter knowledge of the Professional license sought; thesemay include credits earned prior to application for the license.

d. Programs leading to eligibility for master teacher status, such as those sponsoredby the National Board for Professional Teaching Standards and others accepted bythe Commissioner.e. A Department-sponsored Performance Assessment Program, when available.



2/14/14 603 CMR - 67

7.05: continued

(a) Bachelor's degree.(b) Completion of an approved program as set forth in 603 CMR 7.03(2)(a).(c) Passing score on the Communication and Literacy Skills test.(d) Passing score on the subject matter knowledge test(s)appropriate to the license sought,based on the subject matter knowledge requirements set forth in 603 CMR 7.06 and 7.07.(e) For core academic teachers, possession of an SEI Teacher Endorsement.

(2) Route Two is for teacher candidates who receive their preparation in approved post-baccalaureate programs, including approved alternative programs. Teacher candidates seekinglicensure under Route Two must meet the following requirements:

(a) Bachelor's degree.(b) Completion of an approved program as set forth in 603 CMR 7.03(2)(a).(c) Passing score on the Communication and Literacy Skills test.(d) Passing score on the subject matter knowledge test(s)appropriate to the license sought,based on the subject matter knowledge requirements in 603 CMR 7.06 and 7.07.(e) For core academic teachers, possession of an SEI Teacher Endorsement.

(3) Route Three is for teacher candidates who hold a Preliminary license, serve in a school andare either hired as teachers of record or are serving an apprenticeship in a classroom under thedirect supervision of a teacher who holds an appropriate license. Candidates seeking licensureunder Route Three shall meet the following requirements:

(a) Possession of a Preliminary license in the field and at the level of the license sought.See 603 CMR 7.04(2)(a).(b) An approved program for the license sought.(c) For core academic teachers, possession of an SEI Teacher Endorsement.

(4) Route Four is the Performance Review Program for Initial Licensure process for teachercandidates who hold a Preliminary license, are hired as teachers of record, and are working ina district that does not have an approved program for the Initial license. Route Four is notavailable for the following teacher and specialist teacher licenses: early childhood, elementary,library, teacher of students with moderate disabilities, teacher of students with severe disabilities,teacher of the deaf and hard-of-hearing, teacher of the visually impaired, academically advanced,reading, and speech/language/hearing disorders. Candidates seeking licensure under Route Fourshall meet the following eligibility requirements:

(a) Possession of a Preliminary license in the field and at the level of the license sought. See603 CMR 7.04(2)(a).(b) At least three full years of employment in the role of the Preliminary license.(c) Documentation of seminars, courses, and experience relevant to the ProfessionalStandards for Teachers in 603 CMR 7.08(1) through (3).(d) A recommendation from the principal of each school where the candidate was employedunder the Preliminary license or in the role of the license sought.(e) A competency review for those license fields that have no subject matter knowledge test,or for which not all the subject matter knowledge required for the license is measured by thetest.(f) For core academic teachers, possession of an SEI Teacher Endorsement.

(5) Route Five is for candidates from outside Massachusetts. Candidates seeking licensureunder Route Five shall meet the following requirements:

(a) Evidence of one of the following:1. Completion of a state-approved educator preparation program in a state with whichMassachusetts has signed the NASDTEC Interstate Agreement or other agreementaccepted by the Commissioner.2. Completion of an educator preparation program sponsored by a college or universityoutside Massachusetts that has been accredited by an organization accepted by theCommissioner, such as the National Council for Accreditation of Teacher Education(NCATE).3. Possession of a Regional Credential.



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7.05: continued

4. Possession of the equivalent of at least an Initial license/certificate issued by a statewith which Massachusetts has signed the NASDTEC Interstate Agreement or otheragreement accepted by the Commissioner and three years of employment under suchlicense/certificate during the previous seven years.

(b) Passing score on the Communication and Literacy Skills test.(c) Passing score on the subject matter knowledge test(s) appropriate to the license sought,where available, based on the subject matter knowledge requirements set forth in 603 CMR7.06 and 7.07.(d) For core academic teachers, possession of an SEI Teacher Endorsement.

7.06: Subject Matter Knowledge Requirements for Teachers

(1) Biology (Levels: 5-8; 8-12).(a) Biology of organisms, especially that of humans, including characteristics andclassifications of organisms.(b) Cells and cell theory.(c) Ecology and evolutionary biology.(d) Matter and energy in ecosystems.(e) Genetics, including chromosome structure and function and inheritance.(f) Molecular biology.(g) Related aspects of chemistry, physics, earth science, and mathematics, such as statistics.(h) Engineering and technical applications of biology.(i) History and philosophy of science.(j) Methods of research in the sciences, including laboratory techniques and the use ofcomputers.

(2) Business (Levels: 5-12)(a) Business communications.(b) Business management.(c) Human resource management.(d) State and federal business law.(e) Business marketing.(f) Accounting principles and procedures.(g) Business technology and information systems.(h) Macro- and microeconomics.(i) Business mathematics.(j) Principles and procedures related to entrepreneurship.

(3) Chemistry (Levels: 5-8; 8-12)(a) Inorganic chemistry.(b) Organic chemistry.(c) Analytical chemistry.(d) Physical chemistry.(e) Biochemistry.(f) Related aspects of biology, physics, earth science, and mathematics, such as statisticsand calculus.(g) Engineering and technical applications of chemistry.(h) History and philosophy of science.(i) Methods of research in the sciences, including laboratory techniques and the use ofcomputers.

(4) Dance (Levels: All)(a) Dance technique, including skills and kinesthetic concepts of ballet, modern, jazz, tap,social, and folk dance.(b) Choreography, including elements and principles of design, rhythm, dynamics, form,improvisation, and composition.(c) Dance production, including costumes, lighting, sound, promotion, and management.(d) History of Western dance performance, including historical periods, major stylistictraditions, and major artists.



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7.06: continued

3. Geography.a. Major physical features of the world.b. Key concepts of geography and its effects on various peoples.

4. Economics.a. Fundamental economic concepts and economic reasoning.b. American economic history.

5. Government.a. Principles of American government and the Founding Documents of the UnitedStates.b. Comparative government.

6. History and Philosophy of Science.7. Methods and Sources for Research in History.

(14) Instructional Technology (Levels: All)(a) The following topics will be addressed on a test of subject matter knowledge:

1. Technology tools for word processing, databases, spreadsheets, print/graphic utilities,multi- and hypermedias, presentations, videos for the purpose of formal and informalassessment, instruction, and administration for professional and instructional use.2. Communications and research tools such as email, world wide web, web browsers,and other online applications that link to the state standards and requirements, forprofessional and instructional use.3. Criteria for selection, evaluation, and use of appropriate computer/technology basedmaterials to support a variety of instructional methods.4. Ethical and social issues surrounding privacy, copyright, and crime relating toeducational technology and resources.

(b) The following topics shall be included in an approved program but will not be addressedon a test of subject matter knowledge:

1. Use of resources for adaptive/assistive devices that provide access for all students.2. Methods to support classroom teachers and other school personnel in improvingstudent learning through appropriate use of technology in the classroom, includingconsultation techniques and professional development.

(15) Latin and Classical Humanities (Levels: 5-12)(a) Selections commonly read in secondary schools from the works of Cicero, Caesar,Catullus, Vergil, Horace, Ovid, and Pliny the Younger in the original Latin.(b) How English words are derived and formed from Greek and Latin prefixes, bases, andsuffixes, and the influence of Greek and Latin on the technical vocabulary of the arts,sciences, and professions (medical and legal).(c) Works of Greek literature in translation including Herodotus, Homer, Plato, Sappho,Thucydides, and the four major dramatists.(d) Culture and history of ancient Greece and Rome, with emphasis on those elements thatcontributed to the foundation of modern Western civilization, including:

1. Major myths and legends.2. Significant characteristics of classical art, architecture, and technology.3. Major genres of literature.4. Political, social, and economic institutions.

(e) Linguistics and theories of classical language acquisition.(f) Methods of research and criticism as they apply to the study of Latin and classicalhumanities.(g) Basic reading knowledge of the Greek language as demonstrated by ability to translatefrom the first book of Homer's Iliad or from Plato's Apology.(h) Knowledge of grammar and syntax of classical Latin.

(16) Library (Levels: All)(a) Characteristics, uses, and design of information systems, for standard reference sourcesand appropriate technologies.(b) Selection, acquisition, organization, and maintenance of information resources.(c) Appropriate equipment for using information resources.



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7.06: continued

(d) Development, organization, management, and evaluation of school library mediaprograms and resource centers.(e) Literature for children and young adults.(f) Selection, adaptation, and production of instructional materials.(g) Federal and state laws and regulations pertaining to media, including those governingaccess to and reproduction of materials.(h) Ethical issues affecting library media services.(i) Community and governmental resources.

(17) Mathematics (Levels: 1-6; 5-8; 8-12)(a) The following topics will be addressed on a subject matter knowledge test for the 1-6level:

1. Basic principles and concepts related to elementary school mathematics in the areasof number sense and numeration, patterns and functions, geometry and measurement, anddata analysis.2. Algebra.3. Euclidean geometry.

(b) The following topics will be addressed on a subject matter knowledge test for the 5-8level:

1. Algebra.2. Euclidean geometry.3. Trigonometry.4. Discrete/finite mathematics.5. Introductory calculus through integration.6. History of mathematics.

(c) The topics set forth in 603 CMR 7.06(17)(b) and the following topics will be addressedon a subject matter knowledge test for the 8-12 level:

1. Abstract algebra.2. Number theory.3. Calculus through differential equations.4. Probability and statistics.5. Non-Euclidean and transformational geometries.6. Applied mathematics or mathematics modeling.

(18) Middle School: Humanities (English and History) (Levels: 5-8)(a) English.

1. Literature.a. American literature including the Colonial Period; the Revolutionary Period;American Romanticism and the American Renaissance (to include Hawthorne,Emerson, Melville, Whitman, and Thoreau); the Civil War and the post-war period;and fiction, poetry, and drama from the early 20 century to the present.th

b. World literature including British literature (including the Anglo-Saxon period,the Middle Ages, the Renaissance, the Restoration and the 18th century, theRomantic Period, the Victorian Period, and the 20 century) and other Europeanth

literature; literature of Africa, Latin America and Asia; Ancient Greek and Romanliterature; the Bible as literature; world myths and folktales.c. Characteristics of the different genres of literature.

2. Language.a. History and structure of the English language.b. Knowledge of the rules and conventions of standard written and spoken English.

3. Rhetoric and Composition.a. Principles of classical rhetoric.b. Similarities and differences between oral and written communication.

(b) History.1. United States History: indigenous people of North America; European settlementsand colonies; the American Revolution; expansion, reform, and economic growth of theUnited States up to the Civil War; the Civil War and Reconstruction; Europeanimmigration, industrialization, and scientific and technological progress; the two WorldWars; and the United States from 1945 to the present.



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7.07: continued

5. Individuals are exempt from the requirements set forth in 603 CMR 7.07(1)(a)1.through 4. if they have at least three years employment by a school district in a role thatincluded significant experience with students identified by the district as academicallyadvanced and have passed one of the following subject matter knowledge tests: MiddleSchool Mathematics/Science, Middle School Humanities, Middle School Mathematics,General Science, or any single subject matter test in an academic subject taught in 5-12for which the Department issues a license.

(b) Professional License.1. For candidates who do not hold any Professional teacher license, completerequirements set forth in 603 CMR 7.04(2)(c).2. For candidates who hold at least one Professional teacher license, complete threeyears of employment under the Initial license in the field of the Professional licensesought.

(2) Reading (Levels: All)(a) Initial License.

1. Prerequisite: At least an Initial teaching license and at least one year of experienceunder that license.2. Completion of an approved educator preparation program for the Initial license as setforth in 603 CMR 7.03(2)(a).3. The following topics will be addressed on the test of subject matter knowledge:

a. Knowledge of the significant theories, practices, and programs for developingreading skills and reading comprehension.b. Phonemic awareness and phonics: principles, knowledge, and instructionalpractices.c. History and nature of English vocabulary and of English-language dialects;development of vocabulary knowledge.d. Theories, research, and practices for reading instruction in the academicdisciplines.e. Selection and use of appropriate programs, materials, and technology for readinginstruction.f. Knowledge of, and selection criteria for, literature and informational books forchildren and adolescents.g. Screening and diagnostic instruments, their administration and use fordetermining student strengths and weaknesses.h. Knowledge and use of a variety of informal and formal reading assessments.i. Second language acquisition and its relationship to literacy learning.j. Child and adolescent development and the timing of formal reading instruction.k. Cognitive development in adolescence and its relationship to reading instruction.l. Approaches and practices for writing instruction, including assessment of writingskills and their relationship to reading.m. Methods to support classroom teachers and tutors in the improvement of readinginstruction, including consultation techniques and professional development.

(b) Professional License.1. For candidates who do not hold any Professional teacher license, completerequirements set forth in 603 CMR 7.04(2)(c).2. For candidates who hold at least one Professional teacher license, complete threeyears of employment under the Initial license in the field of the Professional licensesought.

(3) Speech, Language, and Hearing Disorders (Levels: All)(a) Initial License.

1. Master's degree in speech-language pathology from a program accredited by theCouncil on Academic Accreditation of the American Speech-Language-HearingAssociation (ASHA).2. Eligibility for Clinical Fellowship.3. Passing score on the Communication and Literacy Skills test.4. Completion of a clinical practicum consisting of 100 onsite hours in a public schoolor an approved private school setting.



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7.07: continued

5. Adherence to the Code of Ethics of the American Speech-Language-HearingAssociation.

(b) Professional License.1. Possession of an Initial license.2. Possession and maintenance of the license to practice Speech-language Pathologythrough the Massachusetts Board of Registration of Speech-Language Pathology andAudiology.3. Completion of the Clinical Fellowship in Speech-language Pathology.4. Passing score on the National Examination in Speech-Language Pathology andAudiology.5. Three years of employment under the Initial license in the field of the Professionallicense sought.

7.08: Professional Standards for Teachers

(1) Application. The Professional Standards for Teachers define the pedagogical and otherprofessional knowledge and skills required of all teachers. These standards and indicatorsreferred to in 603 CMR 7.08(2) and (3) are used by sponsoring organizations in designing theirteacher preparation programs and in preparing their candidates. The standards and indicatorsare also used by the Department in reviewing programs seeking state approval, and as the basisof performance assessments of candidates. Candidates shall demonstrate that they meet theProfessional Standards and indicators referred to in 603 CMR 7.08(2) and (3) by passing aPerformance Assessment for Initial License using Department guidelines.

(2) Professional Standards for Teachers.(a) Curriculum, Planning, and Assessment: Promotes the learning and growth of allstudents by providing high quality and coherent instruction, designing and administeringauthentic and meaningful student assessments, analyzing student performance and growthdata, using this data to improve instruction, providing students with constructive feedbackon an on-going basis, and continuously refining learning objectives.(b) Teaching All Students: Promotes the learning and growth of all students throughinstructional practices that establish high expectations, create a safe and effective classroomenvironment, and demonstrate cultural proficiency.(c) Family and Community Engagement: Promotes the learning and growth of all studentsthrough effective partnerships with families, caregivers, community members, andorganizations.(d) Professional Culture: Promotes the learning and growth of all students through ethical,culturally proficient, skilled, and collaborative practice.

(3) Indicators. The Department shall publish guidelines with detailed indicators for eachstandard set forth in 603 CMR 7.08(2). The guidelines shall include at least the followingindicators:

(a) Uses instructional planning, materials, and student engagement approaches that supportstudents of diverse cultural and linguistic backgrounds, strengths, and challenges.(b) Uses effective strategies and techniques for making content accessible to Englishlanguage learners.(c) Demonstrates knowledge of the difference between social and academic language andthe importance of this difference in planning, differentiating and delivering effectiveinstruction for English language learners at various levels of English language proficiencyand literacy. (d) Creates and maintains a safe and collaborative learning environment that valuesdiversity and motivates students to meet high standards of conduct, effort and performance.(e) Collaborates with families, recognizing the significance of native language and cultureto create and implement strategies for supporting student learning and development both athome and at school.



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7.09: Licenses and Routes for Administrators

For candidates who were prepared outside Massachusetts, see 603 CMR 7.04(2)(d) and7.05(5)(a) and (b). For candidates who hold a Massachusetts administrator license, see603 CMR 7.15(3).

(1) Superintendent/Assistant Superintendent (Levels: All)(a) Preliminary License.

1. Completion of at least three full years of employment in an executive management/leadership role or in a supervisory, teaching, or administrative role in a public/charterschool, private school, higher education, or other educational setting accepted by theDepartment.2. Passing score on the Communication and Literacy Skills test.

(b) Initial License.1. Possession of at least an Initial license in another educational role or PreliminarySuperintendent/Assistant Superintendent license and completion of three full years ofemployment in a district-wide, school-based, or other educational setting.2. Demonstration of successful application of the Professional Standards forAdministrative Leadership set forth in 603 CMR 7.10 through completion of aPerformance Assessment for Initial License and one of the following:

a. An approved post-baccalaureate program of studies including a supervisedpracticum/practicum equivalent (500 hours) in the superintendent/assistantsuperintendent role.b. An administrative apprenticeship/internship (500 hours) in the superintendent/assistant superintendent role with a trained mentor, using Department guidelines.c. A Panel Review.

3. Passing score on the Communication and Literacy Skills test.(c) Professional License.

1. Possession of an Initial license as superintendent/assistant superintendent.



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7.12: continued

(2) Standards. All induction programs shall meet the following requirements:(a) An orientation program for beginning teachers and all other incoming teachers.(b) Assignment of all beginning teachers to a trained mentor within the first two weeks ofteaching.(c) Assignment of a support team that shall consist of, but not be limited to, the mentor andan administrator qualified to evaluate teachers.(d) Release time for the mentor and beginning teacher to engage in regular classroomobservations and other mentoring activities.

(3) Additional Requirements. All programs shall submit an annual report to the Departmentthat includes information on:

(a) Program activities.(b) Number and complete list of beginning teachers served.(c) Number and complete list of trained mentors.(d) Number of classroom observations made by mentors.(e) Number of hours that mentors and beginning teachers spend with each other.(f) Hiring and retention rates for beginning teachers.(g) Participant satisfaction.(h) Partnerships developed with other districts, professional associations, and institutionsof higher education to support the beginning teacher induction program.

7.13: Standards for Induction Programs for Administrators

(1) Application. All school districts are required to provide an induction program for alladministrators in their first year of practice. Guidelines based on the following Standards willbe provided by the Department.

(2) Standards. All induction programs shall meet the following requirements:(a) An orientation program for first-year administrators and all other administrators new tothe district.(b) Assignment of first-year administrators to a trained mentor within the first two weeksof working.(c) Assignment of a support team that shall consist of, but not be limited to, the mentor andan administrator qualified to evaluate administrators.(d) Provision for adequate time for the mentor and beginning administrator to engage inprofessional conversations on learning and teaching as well as building leadership capacitywithin the school community and other appropriate mentoring activities.(e) Provision for adequate time and resources to learn how to use effective methods ofpersonnel selection, supervision, and evaluation that are included in the ProfessionalStandards for Administrators (603 CMR 7.10(2)(b)2.).

(3) Additional Requirements. All induction programs shall submit an annual report to theDepartment that includes information on:

(a) Program activities.(b) Number and complete list of beginning administrators served.(c) Number and complete list of trained mentors involved in the program.(d) Number of site-based visits made by mentors.(e) Number of hours that mentors and beginning administrators spent with each other.(f) Hiring and retention rates for first-year administrators.(g) Participant satisfaction.(h) Partnerships developed with other districts, professional associations, and institutionsof higher education to support the administrator induction program.

7.14: Endorsements

(1) SEI Teacher Endorsement.(a) Awarded upon a demonstration of the subject matter knowledge and skill requirementsset forth in 603 CMR 7.08(3)(a) through (e) and 7.14(1)(b), through one of the following:



8/31/12 (Effective 7/20/12) - corrected 603 CMR - 90.4

7.14: continued

1. Successful completion of a Department-approved course of study specific toproviding sheltered English instruction. The Department will issue guidelines to governapproval of this course of study.2. Passing a Department-approved assessment.3. A bachelor's degree in a major approved by the Department, or other graduate leveltraining approved by the Department.4. Possession of an English as a Second Language license or an English LanguageLearners license.

(b) Subject Matter Knowledge:1. The basic structure and functions of language.2. Second language acquisition factors as they affect access to the Massachusettsstandards.3. Social-cultural, affective, political, and other salient factors in second languageacquisition.4. Sheltered English immersion (SEI) principles and typologies: General academic anddomain-specific discourse practices relevant to the grade level (k-5 or secondary),English proficiency level, and content area (English language arts and history; scienceand mathematics; other content areas).5. Implementation of strategies for coordinating SEI and English language developmentinstruction for English language learners .6. Federal and Massachusetts' laws and regulations pertaining to English languagelearners.7. Understanding of diversity and background of English language learner populations,including family systems, and communities, and their impact on teaching and learning.8. Theory, research, and practice of reading and writing for English language learners.Practices and approaches for developing reading and writing skills and comprehensionin English for English language learners who are at different levels of English languageproficiency.9. The role of oral language development in literacy development for English languagelearners.10. Formative and summative assessments for English language learners.11. Literacy and academic language development. The role of vocabulary developmentin accessing academic language.

(2) SEI Administrator Endorsement.(a) Awarded upon demonstration of the subject matter and skill requirements set forth in603 CMR 7.14(2)(b) through one of the following:

1. Successful completion of a Department–approved course of study for administratorsspecific to sheltered English instruction. The Department will issue guidelines to governapproval of this course of study.2. Possession of an SEI Teacher Endorsement.

(b) Subject Matter Knowledge:1. Understanding of diversity and background of English language learner populations,including family systems, neighborhoods, and communities, and their impact on teachingand learning.2. Knowledge of how to build a culture of equity and inclusiveness for linguistically andculturally diverse populations.3. Implementation of strategies for coordinating SEI and English language developmentinstruction for English language learners .4. Demonstrates an understanding of the use of best practices for sheltering content for,and teaching academic language to, English language learners in the classroom.5. Understanding of the challenges that English language learners face in the masteryof academic language and of the skills to shelter content and scaffold instruction topromote the academic achievement of English language learners.

(3) Transitional Bilingual Learning Endorsement. Awarded to educators who meet thefollowing requirements:

(a) Possession of an English as a Second Language license.(b) Passing score on a test acceptable to the Department, that assesses, or includes theassessment of, listening, speaking, and writing skills in the relevant foreign language foreither the Pre-K – 6 or the 5 – 12 level.



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7.15: continued

(b) Individuals who apply and complete all requirements for licensure as a Teacher ofStudents with Moderate Disabilities prior to August 31, 2012, may qualify for an initial orpreliminary license by meeting the requirements under 603 CMR 7.06(25) in effect prior toJuly 1, 2011. (c) Individuals who apply and complete all requirements for licensure as a Teacher ofStudents with Severe Disabilities prior to August 31, 2012, may qualify for an initial orpreliminary license by meeting the requirements under 603 CMR 7.06(26) in effect prior toJuly 1, 2011.(d) Individuals who apply and complete all requirements for Administrator licensure as setforth in 603 CMR 7.09 by December 31, 2013, may qualify for a license by meetingrequirements under 603 CMR 7.09 and 7.10 in effect prior to January 1, 2012.(e) Individuals who apply and complete all requirements for Initial licensure prior toJuly 1, 2014, may qualify for that license by meeting the requirements under 603 CMR 7.00in effect prior to August 1, 2012.(f) Individuals who apply and complete all requirements for Teacher licensure prior toJuly 1, 2016, may qualify for a license by meeting the requirements under 603 CMR 7.08 ineffect prior to February 1, 2014.


603 CMR 7.00: M.G.L. c. 71, § 38G.



7/20/12 603 CMR - 90.12

NON-TEXT PAGE



CHAPTER NUMBER:

CHAPTER TITLE:

AGENCY:




ADDRESS:











Executive Office for Administration and Finance

801 CMR 51.00

Generating New State Tax Revenues and Local Tax Revenues by Stipulating

Sustainable Economic Development Through Infrastructure Improvements

The purpose of this amendment is to make the regulation consistent with the recent amendment to

the statute. The purpose of the regulation is to set the process and requirements for approval of an

Economic Development Proposal, as provided in St. 2006, c. 293, §§ 5 through 12, as amended,

creating a program to stimulate sustainable economic development through Public Infrastructure

Improvements and to generate new state tax revenues and local tax revenues as a result.

St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2

through 17, and St. 2012, c. 238, §§ 60 through 63

Julia Chabrier 857-400-5402

State House, Room 373, Boston MA, 02133

n/a

November 20, 2013 to December 13, 2013

Docket # 534





No fiscal effect:






SIGNATURE: DATE:



EFFECTIVE DATE:



SIGNATURE ON FILE


1254 02/14/2014

01/31/2014 mrs

02/14/2014

Jan 31 2014

expected to generate new tax revenues for the Commonwealth

January 31, 2014

Amendment to 801 CMR 51.00

3 & 4

271 - 294

3 & 4

271 - 294



801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

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Table of Contents

Page

801 CMR 50.00: EXPENDABLE TRUST REGULATION 267

Section 50.01: Application, Purpose, Scope, Effective Date and Authority 267 Section 50.02: Definitions 267 Section 50.03: Secretariat and Department Responsibilities 268 Section 50.04: Declarations of Trust 268 Section 50.05: Waivers 269

801 CMR 51.00: GENERATING NEW STATE TAX REVENUES AND LOCAL TAX REVENUES BY STIMULATING SUSTAINABLE ECONOMIC DEVELOPMENT THROUGH INFRASTRUCTURE IMPROVEMENTS 271

Section 51.01: Authority, Purpose, and Application 271 Section 51.02: Definitions 271 Section 51.03: Criteria for Approval of an Economic Development Proposal by the

Secretary 275 Section 51.04: Priority of Projects 277 Section 51.05: Secretary’s Discretion 277 Section 51.06: Preliminary Economic Development Proposal 277 Section 51.07: Process for Preliminary Approval 281 Section 51.08: Preliminary Approval of Secretary 283 Section 51.09: Content of Economic Development Proposal Submitted for Municipal

Approval 283 Section 51.10: Municipal Approval 283 Section 51.11: Economic Development Proposal Submitted to Secretary and Agency

for Approval 283 Section 51.12: Content of Application to Secretary and Agency for Approval of

Economic Development Proposal 284 Section 51.13: Process for Approval of Economic Development Proposal 285 Section 51.14: Phased Projects 287 Section 51.15: Additional Information 287 Section 51.16: Final Approval 287 Section 51.17: Infrastructure Development Assistance Agreement 287 Section 51.18: Sustainable Development Principles 293

801 CMR 52.00: MUNICIPAL HEALTH INSURANCE 295

Section 52.01: General Provisions 295 Section 52.02: The Vote by a Political Subdivision to Implement Changes in

Group Health Insurance Benefits Pursuant toM.G.L. c. 32B, §§ 21 through 23 297

Section 52.03: The Implementation Notice 298 Section 52.04: The 30-day Negotiation Period 299 Section 52.05: Health Insurance Review Panel 300 Section 52.06: Health Insurance Review Panel Process 301 Section 52.07: Implementation of Agreements Reached Under

M.G.L. c. 32B, §§ 21 through 23 303

801 CMR 53.00: ACCOUNTABILITY AND TRANSPARENCY FORSTATE AUTHORITIES 305

Section 53.01: Application, Purpose, and Authority 305 Section 53.02: Definitions 305 Section 53.03: Audits and Financial Reports 305 Section 53.04: Executive Compensation and Severance 306 Section 53.05: Prohibition on State-subsidized Benefits 306



6/7/13 801 CMR - 4

Table of Contents

Page

801 CMR 54.00: VOCATIONAL SCHOOL EQUIPMENT GRANT PROGRAM 307

Section 54.01: General Provisions 307 Section 54.02: Eligibility 307 Section 54.03: Application 307 Section 54.04: Awards 308 Section 54.05: Payment 309 Section 54.06: Reporting Requirements 309



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801 CMR 51.00: GENERATING NEW STATE TAX REVENUES AND LOCAL TAX REVENUESBY STIMULATING SUSTAINABLE ECONOMIC DEVELOPMENT THROUGHINFRASTRUCTURE IMPROVEMENTS

Section

51.01: Authority, Purpose, and Application51.02: Definitions51.03: Criteria for Approval of an Economic Development Proposal by the Secretary51.04: Priority of Projects51.05: Secretary’s Discretion51.06: Preliminary Economic Development Proposal51.07: Process for Preliminary Approval51.08: Preliminary Approval of Secretary51.09: Content of Economic Development Proposal Submitted for Municipal Approval51.10: Municipal Approval51.11: Economic Development Proposal Submitted to Secretary and Agency for Approval51.12: Content of Application to Secretary and Agency for Approval of Economic Development Proposal51.13: Process for Approval of Economic Development Proposal51.14: Phased Projects51.15: Additional Information51.16: Final Approval51.17: Infrastructure Development Assistance Agreement51.18: Sustainable Development Principles

51.01: Authority, Purpose, and Application

801 CMR 51.00 is promulgated, pursuant to St. 2006, c. 293, §§ 5 through 12, as amendedby St. 2008, c. 129, §§ 2 through 17, and St. 2012, c. 238, §§ 60 through 63, for the purpose ofsetting the process and requirements for approval of an Economic Development Proposal, asdescribed in St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17.The purpose of St. 2006, c. 293, §§ 5 through 12 , as amended by St. 2008, c. 129, §§ 2 through17, is to stimulate sustainable, economic development through Public InfrastructureImprovements and to generate new state tax revenues and local tax revenues as a result. St.2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c.238, §§ 60 through 63, creates a program under which the Massachusetts Development FinanceAgency may issue Bonds to finance Public Infrastructure Improvements associated with acertified Economic Development Project. A project must be approved by the Municipality inwhich it is to be located, by the Secretary of Administration and Finance and by theMassachusetts Development Finance Agency.

The Commissioner of Revenue has also issued guidance under St. 2006, c. 293, §§ 5 through12, as amended by St. 2008, c. 129, §§ 2 through 17, and St. 2012, c. 238, §§ 60 through 63, setforth in Technical Information Release 08-18, which revoked and replaced TechnicalInformation Release 06-26. Further guidance will be issued to address subsequent changes inSt. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012,c. 238, §§ 60 through 63.

801 CMR 51.00 applies to all Developers and Municipalities seeking approval of anEconomic Development Proposal to be funded under St. 2006, c. 293, §§ 5 through 12, asamended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63.

51.02: Definitions

Unless otherwise provided in 801 CMR 51.00, terms shall have the meanings assigned tothem in St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17. Thefollowing terms shall have the following meanings or, if such terms have been assignedmeanings in St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17,and St. 2012, c. 238, §§ 60 through 63, the following modified meanings in addition to themeanings so assigned:



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Annual Certification of New State Tax Revenues, the annual certificate the Commissioner isrequired to make to the Secretary and the Treasurer pursuant to St. 2006, c. 293, § 10(a)regarding the Commissioner's determination of the New State Tax Revenues generated withrespect to each Project Component in the prior fiscal year of the Commonwealth, which annualcertificate shall be issued in accordance with 801 CMR 51.00 and the DOR Guidance and shallclearly identify, for the prior fiscal year of the Commonwealth: the total state tax revenuesgenerated from each Project Component; the portion of such state tax revenues that constitutesNew Revenues from each Project Component, including the Annual Data and DisplacementFactors upon which such determination is based; the portion of any such New Revenues thatconstitutes Dedicated Revenue from each Project Component; the New State Tax Revenuesgenerated from each Project Component; the Shortfall amount, if any, with respect to eachProject Component; the cumulative New State Tax Revenues with respect to each ProjectComponent for all prior fiscal years of the Commonwealth; and a statement as to whether thecumulative New State Tax Revenues with respect to an Project Component equal or exceed theNet Debt Service on the Bonds allocable to the Project Component.

Annual Data, the data that the Owner of each Project Component is required to submit to theDepartment pursuant to the DOR Guidance in order for the Commissioner to determine the NewRevenues and New State Tax Revenues for the prior fiscal year of the Commonwealth and toissue the Annual Certification of New State Tax Revenues.

Application Fee, a fee in the amount of $50,000 payable by the Developer to the Commonwealthupon the filing of a Preliminary Economic Development Proposal with the Secretary foradministrative costs of the Secretary, the Department and the Agency related to the evaluationand processing of the Preliminary Economic Development Proposal.

Bond Anticipation Notes or “BANs”, bonds or notes issued to fund Project Costs maturing nolater than the date of expected substantial completion of the Project Component or two years,whichever is sooner, for which all interest and other costs are to be paid by the Developer, andprincipal is to be refunded from the proceeds of permanent long-term financing.

Bond Issuance Fee, a fee payable by the Developer to the Agency upon the issuance of the Bondsfor the Agency’s role as the issuer of the Bonds; the amount of such fee shall be determined bythe Agency in accordance with the fee schedule it customarily uses in connection with theissuance of bonds.

Bonds, includes, all bonds issued by the Agency pursuant to 801 CMR 51.00, without limitation,including Bond Anticipation Notes and refunding bonds issued to refinance Bond AnticipationNotes or bonds issued to finance Costs of Public Infrastructure Improvements.

Commitments, written commitments from prospective tenants or purchasers of all or a portionof a Project Component that the Developer has provided to the Secretary and that the Secretarydetermines, in his or her sole discretion, to be sufficient evidence of the prospective tenants’ orpurchasers’ commitment to lease for the specified term or to purchase all or a portion of a ProjectComponent. New State Tax Revenue projected during a lease for less than ten years shall onlycount as projected New State Tax Revenues during the term of the lease. New State TaxRevenue projected during a lease of ten years or longer shall count as projected New State TaxRevenues during the term of the lease and shall also serve as the basis for, and shall be taken intoaccount in, projecting New State Tax Revenue from the Project Component which shall becounted through the term of the Bonds. If there is a compelling reason in connection with thefacts related to a specific development to believe that a lease commitment of less than ten yearsbut not less than five years resulting in New State Tax Revenues is indicative of the level of NewState Tax Revenues that will be generated from the related Project Component following theterm of the lease, the Secretary may, in his or her discretion, direct the Commissioner to assumethe same level of projected New State Tax Revenues from the related Project Componentfollowing the lease term through the term of the Bonds.



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Convention Center District, the convention center finance district, as defined in St. 1997, c. 152,§ 2, and the Springfield civic and convention center finance district, as defined in St. 1997,c. 152, §10b½.

Cost of Project, Project Costs and Costs, the costs of Public Infrastructure Improvements to befunded from proceeds of Bonds which may include any of the costs identified in the statutorydefinition that are identified by the Developer in its proposal, including costs of issuing theBonds and costs of acquisition of land prior to approval which are directly related to and neededfor the Public Infrastructure Improvements, but the Secretary shall not approve any proposal thatincludes interest on the Bonds as a cost to be financed by the Bonds. The Secretary shall notapprove costs incurred prior to the approval of any proposal by the Secretary unless:

(a) these costs were incurred after September 7, 2006;(b) sufficient evidence is provided to the Secretary showing that the costs incurred prior toapproval are preliminary costs directly related to the planning or design of the proposedPublic Infrastructure Improvements or the acquisition of land directly related to and neededfor such Public Infrastructure Improvements; and(c) compelling evidence is provided that the Economic Development Project would nothappen or would not happen to the same extent without the financing provided underSt. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St.2012, c. 238, §§ 60 through 63.

Displacement Factors, discount factors to be used in calculating New Revenues and New StateTax Revenues to adjust for any estimated reduction in revenues resulting from jobs andcommercial activity in the Commonwealth that are indirectly displaced as a result of newcommercial activity within the Economic Development District, which factors shall bedetermined by the Commissioner of Revenue based on the Independent Consultant Analysis andin accordance with the DOR Guidance.

DOR Guidance, Any Technical Information Release or any other guidance issued by theCommissioner pursuant to St. 2006, c. 293, § 12.

Eligible New Job, shall not include any job that directly replaces a job elsewhere in theCommonwealth, as determined in accordance with 801 CMR 51.00 and the DOR Guidance, orthe retention of any job in the Commonwealth, except in circumstances where the Developerprovides compelling evidence that the job would have been relocated outside of theCommonwealth if the Economic Development Project were not carried out.

Growth District, a geographic area designated as such by the Executive Office of Housing andEconomic Development for purposes of coordinating an effort among the Commonwealth, theMunicipality and property owners to pre-permit the area to expedite commercial and residentialdevelopment within the area.

Independent Consultant Analysis, an analysis of an independent expert or experts in real estatedevelopment feasibility, market and economic impacts of development and estimatingconstruction costs with respect to the cost of the Economic Development Project, including thePublic Infrastructure Improvements, the feasibility of the Economic Development Proposal, theDisplacement Factors recommended for the various Project Components and the New Revenuesand New State Tax Revenues to be generated as a result of the Economic Development Proposal.

Infrastructure Development Assistance Agreement, the agreement required pursuant to St. 2006,c. 293, § 8, as amended by St. 2008, c. 129, §§ 8 and 9.

Municipality, includes only the city or town or those cities or towns within which all or a portionof the Economic Development District is located, and does not include any city or town whollyoutside of the Economic Development District even if Public Infrastructure Improvementsadjacent to the Economic Development District and related to the Economic DevelopmentProject are located in whole or in part in the city or town.



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Municipal Liquidity Reserve, the liquidity reserve the Municipality is required to establish foreach Assessment Parcel pursuant to St. 2006, c. 293, § 7, as amended by st. 2008, c. 129, §§ 5through 7, and St. 2012, c. 238, §§ 60 through 62, and in accordance with 801 CMR 51.12 and51.13.

Net Debt Service, the Debt Service payable on the Bonds or on any portion thereof, as thecontext requires, less:

(a) any Shortfall Payments previously made to the Commonwealth with respect to thepayment of any portion of such Debt Service previously due and payable; and(b) any infrastructure assessments collected and paid to the Commonwealth with respect tothe payment of any portion of such Debt Service due and payable on any of the Bonds priorto the related Project Component being certified as an Occupied Project Component.

New Revenue.(a) shall not include any revenue that would have been realized by the Commonwealth ifa Certified Economic Development Project had not been carried out under St. 2006, c. 293,§§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60through 63, including any revenue resulting from commercial activity that has been or isexpected to be relocated from elsewhere in the Commonwealth to the EconomicDevelopment District and from commercial activity that is indirectly displaced as a result ofnew commercial activity within the Economic Development District, all as determined inaccordance with 801 CMR 51.00 and the DOR Guidance; and(b) shall be net of any revenue that the Commonwealth realized from commercial activityor jobs located in the Economic Development District in the fiscal year prior to the filing ofthe Economic Development Proposal or the fiscal year prior to the Developer’s acquisitionof the property, whichever fiscal year yielded more revenue to the Commonwealth from theproperty as determined in accordance with the DOR Guidance, that has been or will bedisplaced as a result of the Project and not relocated elsewhere in the Commonwealth.

New State Tax Revenue, as defined in St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008,c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, shall include not more than 50%of any New Revenue attributable to construction-related activity and purchases in connectionwith the Economic Development Project, and, in any given fiscal year, the amount ofconstruction-related New State Tax Revenue derived from a Project Component shall not exceed50% of annual Debt Service allocable to the Project Component.

Occupied Project Component, a Project Component that the Developer certifies to the Secretaryand to the Agency has been completed and is occupied by tenants or an Owner at a level equalto or greater than the minimum level of occupancy for the Project Component established underthe Infrastructure Development Assistance Agreement in accordance with St. 2006, c. 293, § 9.Such minimum level of occupancy shall not be established at a level that would result inprojected New State Tax Revenues generated from the Project Component at that minimumoccupancy level being less than the Debt Service payable on the related Bonds. New State TaxRevenue attributable to construction-related activity and purchases shall be allocated among allOccupied Project Components in any fiscal year on a pro rata basis based on the portion of theBonds allocable to such Occupied Project Components. Both the Commonwealth and theMunicipality shall have a right of review and an opportunity to contest any determination thata Project Component is occupied. Each shall be given 30 days to inspect the Project Componentand to review related commitments regarding occupancy to confirm that the Project Componentis in fact an Occupied Project Component as provided for in the Infrastructure DevelopmentAssistance Agreement. If either the Commonwealth or the Municipality challenges theDeveloper’s certification of an Occupied Project Component, the Agency shall have the right toinspect and make the final decision and certification as to whether or not the Project Componentis in fact an Occupied Project Component. Once a Project Component has been certified as anOccupied Project Component, it shall thereafter always be considered an Occupied ProjectComponent.

Owner, the current property taxpayer for an Assessment Parcel.



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Phased Project, an Economic Development Project that the Developer proposes to be approvedand completed in phases and that is contained within one contiguous Economic DevelopmentDistrict, includes at least one Commercial Component and one Public InfrastructureImprovement in each phase of the Project, and constitutes a single Economic DevelopmentProject for all purposes of St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2through 17 and St. 2012, c. 238, §§ 60 through 63, and 801 CMR 51.00.

Preliminary Approval Letter, the letter of the Secretary approving the Preliminary EconomicDevelopment Proposal under 801 CMR 51.08.

Preliminary Certificate of the Agency, the certificate of the Agency regarding estimated Costsof the Project that may be supported by New State Tax Revenues under 801 CMR 51.06.

Preliminary Certificate of the Commissioner, the certificate of the Commissioner regardingestimated New State Tax Revenues and other matters pursuant to 801 CMR 51.07 and the DORGuidance.

Preliminary Economic Development Proposal, the preliminary proposal required to be submittedto the Secretary, the Agency, the Municipal Officers and the Commissioner prior to filing theEconomic Development Proposal with the Municipality as described in 801 CMR 51.06.

Project Component, not more than one Commercial Component of an Economic DevelopmentProject, located on not more than one Assessment Parcel, and exclusive of any PublicInfrastructure Improvements.

Shortfall, the amount certified by the Commissioner in the Annual Certification of New StateTax Revenues by which Debt Service on Bonds allocable to an Occupied Project Component inany fiscal year of the Commonwealth exceeded the amount of New State Tax Revenues derivedfrom the Occupied Project Component in that fiscal year, less the sum of:

(a) any New State Tax Revenues on any other Occupied Project Component that exceededthe Debt Service allocable to such other Occupied Project Component in that fiscal year thatis available to reduce this amount plus;(b) the portion of the cumulative amount of the New State Tax Revenues received throughthe prior fiscal year of the Commonwealth that exceeded the cumulative amount of the NetDebt Service due and payable on the Bonds through said prior fiscal year that has beentransferred to the Agency and not yet used or legally committed to defease or pay a portionof the Bonds. The cumulative construction-related New State Tax Revenue used or legallycommitted through the current fiscal year shall not exceed 50% of cumulative Debt Servicedue and payable on any of the Bonds through said current fiscal year.

Sustainable Development Principles, the sustainable development principles in 801 CMR 51.18.

51.03: Criteria for Approval of an Economic Development Proposal by the Secretary

In order for an Economic Development Proposal to receive the Secretary’s approval, thefollowing criteria must be met:

(1) The Economic Development Proposal must provide all information and materials requiredby St. 2006, c. 293 §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St.2012, c. 238, §§ 60 through 63, and 801 CMR 51.00 in form satisfactory to the Secretary.

(2) The Economic Development Proposal must provide to the Secretary’s satisfaction evidencethat:

(a) the Economic Development Project would not happen or would not achieve the levelof development, jobs or other economic activity contemplated by the Economic DevelopmentProposal without the Public Infrastructure Improvements and the financing of all or a portionof the Public Infrastructure Improvements pursuant to St. 2006, c. 293, §§ 5 through 12, asamended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63;(b) the Economic Development Project is financially feasible;



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(c) the Economic Development Project is consistent with Sustainable DevelopmentPrinciples;(d) the annual New State Tax Revenues expected to be received by the Commonwealthfrom each Occupied Project Component will be at least 1.5 times the projected annual DebtService on the Bonds allocable to such Occupied Project Component from and after the dateon which it is projected to become an Occupied Project Component;(e) the Developer will use a competitive process for selecting a qualified contractor orcontractors for the construction of the Public Infrastructure Improvements to ensure timelyand quality construction and cost effectiveness;(f) the Developer has sufficient resources or financing commitments to carry out theEconomic Development Project or, if the Developer is seeking approval of the EconomicDevelopment Project as a Phased Project, to carry out the phase of the EconomicDevelopment Project for which the Developer is seeking approval, excluding the Costs ofPublic Infrastructure Improvements expected to be funded by the Agency under St. 2006,c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c.238, §§ 60 through 63;(g) the Economic Development Project, or, if the Developer is seeking approval of theEconomic Development Project as a Phased Project, the phase of the Economic DevelopmentProject for which the Developer is seeking approval, is reasonably likely to commence in atimely manner following approval of the Economic Development Project or the related phasethereof; and (h) the preconditions to the Secretary’s approval of an Economic Development Projectidentified in St. 2006, c. 293, § 7(c), as amended by St. 2008, c. 129, § 6, have been met.

(3) (a) There have been not more than two other Economic Development Projects approvedunder St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 andSt. 2012, c. 238, §§ 60 through 63, in the Municipality;(b) The Economic Development Project would not cause the aggregate amount of I-Cubedfinancing under St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2through 17 and St. 2012, c. 238, §§ 60 through 63, provided to projects in the Municipalityto exceed 31% of the I-Cubed financing total caplimit on aggregate principal amount ofbonds; and(c) The Economic Development Project was not approved by the Municipality prior toSeptember 7, 2006.

(4) The Project has not received and will not receive other public assistance prohibited bySt. 2006, c. 293, § 11(b), as amended by St. 2008, c. 129, §§ 13 and 14, and following theeffective date of 801 CMR 51.00, the Developer shall not apply for any other state infrastructureassistance funded by the Commonwealth for infrastructure improvements in the EconomicDevelopment District until any Bonds issued for Public Infrastructure Improvements therein areno longer outstanding unless the Secretary shall approve of the Developer applying for such otherstate infrastructure assistance. For this purpose, state infrastructure assistance does not includefinancing by Municipalities under the District Improvement Financing program or through theLocal Infrastructure Development Program. For purposes of St. 2006, c. 293, § 11(b), asamended by St. 2008, c. 129, §§ 13 and 14, a certified Economic Development Project may bedesignated as a Tax Increment Financing (TIF) zone on or after January 1, 2009, under M.G.L.c. 40, § 59, provided that the Developer or any Owner, or any affiliate thereof, may notparticipate in or benefit from any economic assistance resulting from any such designation onor after January 1, 2009; provided further, however, that the Developer or any Owner may be aparty to a TIF agreement or other application or request by a tenant seeking economic assistancein connection with any such TIF zone for the limited purpose of meeting the requirements of anystatute, regulation or requirement for such tenant to be eligible, but any real estate tax,investment tax credit or other benefits from such TIF agreement or participation in a tenant’sapplication or request shall be passed onto the tenant exclusively.

(5) The cost of all of the Public Infrastructure Improvements to be funded with proceeds of theBonds shall not exceed $50 million and shall not be less than $5 million.



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(6) The Economic Development Proposal has been approved by the Municipality and theAgency.

(7) The Preliminary Economic Development Proposal has been approved by the Secretary.

51.04: Priority of Projects

(1) Among Economic Development Proposals that satisfy the criteria set forth in 801 CMR51.03, the Secretary shall give highest priority to projects in Economically DistressedMunicipalities in which both the unemployment rate and median income criteria of St. 2006,c. 293, § 7, as amended by St. 2008, c. 129, § 7(e) and St. 2012, c. 238, § 62, are met. Theunemployment rates used for this purpose shall be the average rates for the 12 months prior tothe Secretary’s issuance of the Preliminary Approval Letter, as calculated by the ExecutiveOffice of Labor and Workforce Development. The median income levels used for this purposeshall be the median family income levels published by the U.S. Census Bureau in its most recentpublication of these rates prior to the Secretary’s issuance of the Preliminary Approval Letter.

(2) The Secretary shall give second highest priority to Economic Development Proposals inEconomically Distressed Municipalities in which either the unemployment rate or the medianincome criteria of St. 2006, c. 293, § 7, as amended by St. 2008, § 7(e) and St. 2012, c. 128, § 62,is met.

(3) The Secretary shall otherwise give preference to Economic Development Proposals that:(a) are located in Growth Districts;(b) commit to becoming at least LEED Silver certifiable for each Project Component fromthe U.S. Green Building Council under the Leadership in Energy and Environmental DesignGreen Building Rating System;(c) include Public Infrastructure Improvements that have been previously contemplated anddesired by the Commonwealth or its agencies; or(d) that include Public Infrastructure Improvements that are reasonably likely to make othersites available for future economic development projects. These criteria will be weighedequally, and proposals satisfying more than one criterion will receive additional preferentialconsideration, but none of these criteria are required to be satisfied in order to be eligible forproject approval.

51.05: Secretary’s Discretion

Notwithstanding 801 CMR 51.03 and 51.04, the Secretary, in his or her sole discretion,reserves the right to waive or conditionally waive any of the criteria identified in 801 CMR 51.00that are not statutorily required by St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008,c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, if the Secretary determines thatthere are compelling reasons to do so, and the Secretary reserves the right to reject any EconomicDevelopment Proposal.

51.06: Preliminary Economic Development Proposal

(1) Prior to filing an Economic Development Proposal with a Municipality in accordance withSt. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012,c. 238, §§ 60 through 63, a Developer shall file a Preliminary Economic Development Proposalwith the Secretary, the Municipal Officers, the Agency and the Commissioner and shall submita check to the Secretary for the payment of the Application Fee. Trade secrets and financialinformation submitted by the Developer in connection with the submission of a PreliminaryEconomic Development Proposal and with the submission of an Economic DevelopmentProposal shall be kept confidential by all parties receiving such information to the extentrequired or permitted by law.

(2) The Preliminary Economic Development Proposal shall include the following:(a) Legal name, contact information, personnel, description, and relevant experience of theDeveloper.



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(b) References and the contact information of other government officials, if any, with whomthe Developer has dealt in connection with similar development projects.(c) If the Economic Development Proposal is expected to be owned or carried out by morethan one Developer, items listed in 801 CMR 51.06(2)(a) and (b) for each Developer and anexplanation of their relationship, their respective ownership interests and their respectiveroles in carrying out the Economic Development Proposal.(d) Boundaries of the proposed Economic Development District, including:

1. a textual description of the boundaries and a map showing boundaries;2. identification of the existing parcels of real property located within the proposeddistrict;3. identification of the current Owner of each parcel, and, to the extent any of theparcels are not currently owned by the Developer, evidence that the Developer has areasonable expectation of acquiring the parcels not currently owned by the Developer andthe expected cost of acquiring these parcels;4. identification of the proposed Assessment Parcels upon which the different ProjectComponents will be developed; and5. identification of the proposed Public Infrastructure Improvements.

(e) Description of the Proposed Economic Development Project, including:1. each building, facility or other improvement to be constructed on each ProjectComponent;2. the square footage of each building to be used as a commercial facility, and theexpected allocation of the square footage among different types of commercial activity,and descriptions of the expected specific commercial uses of this square footage;3. the number of condominium or apartment residential units to be included in anyproposed residential facility, and the number of such units to be restricted as affordableto individuals and families with incomes at or below 80% of area-wide median incomelevels;4. Public Infrastructure Improvements;5. any zoning amendments or relief that will be required to carry out the ProposedEconomic Development Project and the status thereof; and6. any known environmental or other permitting that will be required to carry out theProject and the status thereof.

(f) A detailed itemization of:1. the projected cost of each Project Component and the expected sources of financingavailable to fund such costs; and2. the projected costs of each Public Infrastructure Improvement and the expectedsources of financing available to fund such costs, including any funding being requestedunder St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17and St. 2012, c. 238, §§ 60 through 63. The itemization shall include financialstatements or written financing commitments demonstrating that expected sources offinancing are available for the project, or include a detailed explanation of the reasonsany such financing sources have not yet been secured and the basis for believing they willbe secured prior to the Secretary’s approval of the Economic Development Proposal.

(g) A detailed timeline for approval and completion of the Economic Development Project,including:

1. the expected date of municipal approval;2. the expected date of final approval by the Secretary and the Agency;3. the expected dates of commencement of construction and completion of each ProjectComponent and the fiscal year Project Cost cash flows for each Project Component;4. the expected dates of commencement of construction and completion of each PublicInfrastructure Improvement and the fiscal year Project Cost cash flows for each PublicInfrastructure Improvement; and5. the expected dates of commencement and completion of any other construction-related activity to be undertaken in connection with the Economic Development Project.If the Developer is seeking approval of the Economic Development Project as a PhasedProject, the detailed timeline must also clearly identify the different proposed phases ofthe Economic Development Project, including the Project Components and PublicInfrastructure Improvements to be completed in each phase, and the expected dates ofcommencement and completion of each phase.



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(h) Written evidence that the Economic Development Project would not happen or wouldnot achieve the level of development, jobs or other economic activity contemplated by thePreliminary Economic Development Proposal without the Public InfrastructureImprovements and without the financing of all or a portion of the Cost of such PublicInfrastructure Improvements under St. 2006, c. 293, §§ 5 through 12, as amended by St.2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63.(i) For each Project Component, the total number of jobs expected to be supported in eachindustry expected to be located at the Project Component and the expected average wage foreach job in each such industry, the total retail sales activity by dollar volume and the totalhotel rooms, projected room rates and projected daily occupancy levels, and the total numberof construction jobs expected to be supported at each Project Component and for the PublicInfrastructure Improvements, the expected average wage for each construction job and theamount expected to be spent for the purchase of construction materials in the Commonwealthfor each Project Component and the Public Infrastructure Improvements, all with referenceto recent government or industry sources used as the basis for the projections or to the actualexperience, estimate or commitment of expected tenants or Owner of the Project Component.(j) The Developer’s estimate of the appropriate Displacement Factors for each ProjectComponent, together with any data or explanation the Developer can offer to support suchestimate.(k) For each Project Component and based on 801 CMR 51.00, the DOR Guidance, theCommitments, and the Developer’s estimate of the appropriate Displacement Factors foreach Project Component, estimates of total state tax revenues, New Revenues and New StateTax Revenues to be generated from each Project Component of the Economic DevelopmentProject. For the purposes of these estimates, the Developer shall state the assumptions it ismaking with respect to the extent to which any portion of any Project Component for whichthe Developer does not yet have a Commitment will be leased or purchased by an entity thatwill or will not be relocating to the Economic Development District from elsewhere in theCommonwealth.(l) Projected Debt Service schedule for financing of the Public Infrastructure Improvements,both in the aggregate and segregated by allocable Project Component, which is structuredbased on the following assumptions and parameters:

1. a total principal amount equal to the portion of the Cost of the Public InfrastructureImprovement requested to be funded under St. 2006, c. 293 §§ 5 through 12, as amendedby St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and mayinclude estimated costs of issuance of the Bonds up to 3% of said amount;2. a minimum interest expense of 5%, payable semi-annually beginning in the fiscalyear of the Commonwealth following the fiscal year in which the Bonds are issued;3. issuance date or dates not more than three years prior to the expected completion ofthe related Public Infrastructure Improvements or portions thereof being financed withproceeds of the Bonds;4. maximum term of 30 years from date of issuance;5. principal amortization which:

a. results in annual Debt Service payments allocable to each Project Componentafter completion of the related Project Component that are not less than the annualDebt Service payable with respect to such Project Component in any subsequent year;andb. annual Debt Service payments allocable to each Project Component in any yearprior to completion of the related Project Component that is at least equal to the totalinterest due and payable on the Bonds allocable to such Project Component.

(m) Any Commitments for any of the Project Components, together with a writtenstatement as to whether any of the prospective tenants or purchasers making suchCommitments are relocating jobs or commercial activity from elsewhere in theCommonwealth and whether any jobs being relocated from elsewhere within theCommonwealth to the Economic Development District would be relocated outside of theCommonwealth if the Economic Development Project were not carried out, including anycompelling evidence supporting such an assertion that the Developer is able to provide. TheDeveloper shall also produce a written description of the Developer’s marketing efforts andthe status of any active negotiations with potential tenants or purchasers.



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(n) Written description of the proposed transfer of property interests in the PublicInfrastructure Improvements after they have been completed. If the Public InfrastructureImprovements are expected to be conveyed to a governmental entity other than theMunicipality, a vote of the legislative body or governing board of the governmental entitywith the power to accept property on behalf of the governmental entity authorizing theacceptance of the Public Infrastructure Improvements and of responsibility for maintainingthe same in the event that the Economic Development Proposal is approved by the Secretary.(o) Written statement of interest from the Municipal Officers confirming their preliminarysupport for the proposed Economic Development Project and their preliminary interest inpursuing the approval of the Economic Development Project by the Secretary, the Agencyand the Municipality.(p) Certification of the Developer confirming that:

1. the proposed Economic Development Project was not approved by the Municipalityprior to September 7, 2006; and2. the Developer has not received or applied for, and will not apply for, any publicassistance for the project prohibited under St. 2006, c. 293, § 11(b), as amended by St.2008, c. 128, §§ 13 and 14; and3. following the effective date of 801 CMR 51.00, the Developer has not applied andwill not apply for any other public assistance funded by the Commonwealth forinfrastructure improvements within the Economic Development District until any Bondsissued for Public Infrastructure Improvements therein are no longer outstanding, unlessthe Secretary approves of the Developer’s applying for such other state infrastructureassistance.

(q) A description of each of the commercial establishments and residential facilities locatedwithin the proposed Economic Development District during the fiscal year prior to theapplication for funding under St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008,c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and, if the Developer ownsall or a portion of the property within the district, in the fiscal year prior to the Developer’sacquisition of such property, whether any of such establishments or facilities are expectedto remain within the district following the proposed Economic Development Project and theplans for relocating any of such establishments or the place of relocation of any of suchestablishments that have already been relocated, and the estimated amount of any state taxrevenue generated from each of such commercial establishments in the prior fiscal year andin the fiscal year prior to the Developer’s acquisition of such property, if applicable, togetherwith the basis for such estimates.(r) Written evidence that the Economic Development Project shall conform to the generalplan for the Municipality as a whole and any master plan for all or any portion of theEconomic Development District, and an opinion of counsel to the Developer confirming thatthe Economic Development Project shall conform with all applicable zoning, planning, landuse, environmental and other laws and regulations of the Commonwealth and of theMunicipality.(s) A description of the methodology for the allocation of Debt Service to each AssessmentParcel and for the calculation of any infrastructure assessments to be levied by theMunicipality upon each Assessment Parcel in the Economic Development Project, or themanner of determining such methodology. The methodology may include allocation bylength of frontage, or type of Project Component, including classification of AssessmentParcels among residential, commercial, industrial and open space uses, or by square footageof an Assessment Parcel or an Economic Development Project, or according to the value ofthe Assessment Parcel as determined by the assessor or assessors, or by such other methodas the assessor or assessors of the Municipality determine will fairly allocate the Costs of thePublic Infrastructure Improvements financed by the Bonds to the real estate in the EconomicDevelopment District, which may also include allocating Debt Service and assessing inproportion to the New State Tax Revenue projected to be generated from the AssessmentParcel. Prior to the Secretary’s issuance of a Preliminary Letter of Approval, the Secretarymust also receive written evidence of the Municipal Officers’ and the Municipality’sassessor’s or assessors’ approval of the proposed methodology for the allocation of DebtService to each Assessment Parcel and, if necessary, of the aforesaid determination of theassessor or assessors of the Municipality. In the event that the methodology proposedrequires the aforesaid determination of the assessor or assessors of the Municipality, theSecretary shall not issue a Preliminary Approval Letter until receiving written evidence ofsuch determination by the assessor or assessors.



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(t) A statement as to whether the Developer will agree to have Assessment Parcels assessedto reimburse the Municipality for all or any portion of any Local Development InfrastructureAssistance payments the Municipality is required to make to the Commonwealth with respectto any Shortfall between Debt Service and New State Tax Revenues after the related ProjectComponent has become an Occupied Project Component, or a description of any agreementsmade between the Developer and Municipality for the same purpose.(u) A written description of the extent to which the Economic Development Proposal isconsistent with the Sustainable Development Principles.(v) A statement as to whether the proposed Economic Development Project is located in anEconomically Distressed Municipality or a Growth District, and, if it is, any supportinginformation or evidence thereof.(w) A written description of the Developer’s proposed competitive process for selecting acontractor or contractors for the construction of the Public Infrastructure Improvements toensure timely and quality construction and cost effectiveness.(x) A written statement, together with supporting information or evidence, as to whether:

1. the Developer is committed to make each Project Component at least LEEDcertifiable;2. any of the Public Infrastructure Improvements have been previously contemplatedand designed by the Commonwealth or any of its agencies; or3. any of the Public Infrastructure Improvements are reasonably likely to make othersites available for economic development projects.

(y) A written description of the Developer’s plan to secure the obligations of its selectedcontractor or contractors to complete each of the Project Components and the PublicInfrastructure Improvements with payment, performance and lien bonds which, in the caseof the Public Infrastructure Improvements being funded in whole or in part from the proceedsof the Bonds, provide for the Developer and the Agency to be co-obligees under such bonds,and to secure its own obligation to complete the portion of the Public InfrastructureImprovements not funded by Bonds under St. 2006, c. 293, §§ 5 through 12, as amended bySt. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, or to provide othersecurity satisfactory to the Secretary.(z) If all or any portion of the proposed Economic Development Project is located in aConvention Center District, a written statement of preliminary support for the proposedEconomic Development Project from the Executive Director of the MassachusettsConvention Center Authority and confirmation of his or her preliminary support fortransferring the New State Tax Revenues deposited in the Convention Center Fund to theGeneral Fund in accordance with St. 1997, c. 152, § 10(c)(vi).(aa) Any other reasonable information or documentation that the Secretary, the MunicipalOfficers, the Agency or the Commissioner requests.

51.07: Process for Preliminary Approval

(1) Within 30 days after receipt of the Preliminary Economic Development Proposal, theSecretary or his or her designee shall host a meeting with the Developer, Municipal Officers, theCommissioner and the Agency to review the proposal and identify any information required tobe submitted by the Developer that was not previously submitted. At the meeting, the Developerwill be informed whether, based on a preliminary review of the proposal and the criteria forapproval of projects set forth in 801 CMR 51.00, the Secretary rejects the proposal and thereasons therefor, or whether the Secretary agrees to proceed with an evaluation of the PreliminaryEconomic Development Proposal before making a determination as to whether to grant aPreliminary Approval Letter. If the proposal is rejected at that time, the Application Fee will bereturned to the Developer. If the Secretary agrees to proceed, the parties will agree at themeeting to a preliminary schedule for:

(a) meetings;(b) submission of additional information or documentation by the Developer;(c) Independent Consultant Analysis;(d) issuance of the Preliminary Certificate of the Commissioner;



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51.07: continued

(e) issuance of the Preliminary Certificate of the Agency; and(f) decision by the Secretary as to whether she will grant a Preliminary Approval Letter.

(2) The Developer shall promptly provide any information required to be submitted to orreasonably requested by the Secretary in connection with the Preliminary Approval process.

(3) An Independent Consultant Analysis of the Preliminary Economic Development Proposalshall be conducted. The Secretary shall engage the independent consultant for the IndependentConsultant Analysis pursuant to state law, and the Developer shall be responsible for paying allcosts of the Independent Consultant Analysis. The Secretary or a designee shall oversee thework of the consultant, with participation of the Commissioner, the Municipal Officers and theAgency. The Developer shall cooperate with the consultant and shall provide the consultant withsuch reasonable information regarding the proposed Economic Development Project as isnecessary to inform and to expedite the Independent Consultant Analysis. Any previouslycommissioned independent consultant analyses or other market research information or financialanalyses conducted by or on behalf of the Municipality or the Developer shall be provided to,and taken into by, account by the consultant retained by the Secretary.

(4) If the Independent Consultant Analysis or other information results in a determination bythe Commissioner that New State Tax Revenues will be materially different from the estimatesincluded in the Preliminary Economic Development Proposal, the Secretary may request that theDeveloper, in consultation with the Municipal Officers, Secretary, Commissioner, Agency andindependent consultant, submit a revised Preliminary Economic Development Proposal.

(5) Based on the Preliminary Economic Development Proposal and the Independent ConsultantAnalysis, the Commissioner shall issue a Preliminary Certificate of the Commissioner regardingthe estimated New State Tax Revenues that will result from the Preliminary EconomicDevelopment Proposal. The Preliminary Certificate of the Commissioner shall be prepared inaccordance with the DOR Guidance and shall clearly identify, for each fiscal year of theCommonwealth through the expected final payment of the Bonds: the total state tax revenuesexpected to be generated from each Project Component; the portion of such state tax revenuesthat is expected to constitute New Revenues from each Project Component, including theinformation or assumptions about relocation of commercial activity, Eligible New Jobs, theDisplacement Factors and the other relevant information upon which the estimate of NewRevenues is based; the portion of any such projected New Revenues that constitutes DedicatedRevenue; the estimated New State Tax Revenues from each Project Component; and theestimated state tax revenues to be generated from construction activity related to the EconomicDevelopment Project. This Preliminary Certificate of the Commissioner shall state anyconditions that must be satisfied or assumptions that must be confirmed prior to finalcertification, including the additional Commitments that will be required from prospectivetenants or purchasers that will result in Eligible New Jobs.

(6) Based on the Preliminary Economic Development Proposal, the Independent ConsultantAnalysis and the Preliminary Certificate of the Commissioner, the Agency shall issue aPreliminary Certificate of the Agency as to the estimated Project Costs for the PublicInfrastructure Improvements and the portion of such Project Costs that can be supported by theestimated New State Tax Revenues identified in the Preliminary Certificate of theCommissioner, using a 1.5 times annual coverage ratio. The pro forma Debt Service on theBonds shall be structured in a manner consistent with the requirements of 801 CMR 51.06(12).If the Developer is seeking approval of the Economic Development Project as a Phased Project,the Preliminary Certificate of the Agency shall also provide the same information with respectto the initial phase of the Economic Development Project for which the Developer is seekingapproval. This Preliminary Certificate of the Agency shall state any conditions that must besatisfied or assumptions that must be confirmed prior to final approval of the EconomicDevelopment Proposal by the Agency.



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51.08: Preliminary Approval of Secretary

(1) If, based on the Preliminary Economic Development Proposal, the Preliminary Certificateof the Commissioner and the Preliminary Certificate of the Agency, the Secretary determines thatthe Preliminary Economic Development Proposal is eligible for approval and that it is reasonablylikely that the contemplated Economic Development Proposal will satisfy the criteria forapproval identified in 801 CMR 51.03, the Secretary may issue a Preliminary Approval Letter.

(2) Any Preliminary Approval Letter shall state all conditions that must be satisfied prior tofinal approval of the contemplated Economic Development Proposal. If the Developer is seekingapproval of the Economic Development Project as a Phased Project, the Preliminary Letter ofApproval shall also state all conditions that must be satisfied prior to final approval of each phaseof the Economic Development Project.

(3) Any Preliminary Approval Letter shall incorporate by reference the related IndependentConsultant Analysis, the Preliminary Certificate of the Commissioner confirming the estimatedstate tax revenues, New Revenues and New State Tax Revenues to be realized from theEconomic Development Project and the Preliminary Certificate of the Agency confirming theestimated Project Costs for the Public Infrastructure Improvements that may be supported byNew State Tax Revenues in accordance with 801 CMR 51.00.

(4) The Preliminary Approval Letter shall state the portion of the Project Costs for the PublicInfrastructure Improvements eligible for final approval based on the Preliminary Certificate ofthe Agency.

51.09: Content of Economic Development Proposal Submitted for Municipal Approval

The content of the Economic Development Proposal submitted to the Municipality shall bethe same as the Preliminary Economic Development Proposal, as revised prior to receipt of thePreliminary Approval Letter or as required to satisfy any of the conditions stated in thePreliminary Approval Letter, and shall include the Preliminary Approval Letter, the PreliminaryCertificate of the Commissioner, the Preliminary Certificate of the Agency and the IndependentConsultant Analysis.

51.10: Municipal Approval

A Developer shall seek formal approval by the Municipality in accordance with of St. 2006,c. 293, § 7(b), as amended by St. 2008, c. 129, § 5. The approval by the Municipality shall:

(a) explicitly approve the Economic Development Proposal, acknowledge the financialobligations the Municipality would be assuming in connection with the approval, and, if theapproval is conditioned upon any changes to the Economic Development Proposal, themunicipal approval shall clearly identify any such changes;(b) approve any required zoning changes to accommodate the Economic DevelopmentProposal;(c) approve the creation of a Municipal Liquidity Reserve for each Assessment Parcel inaccordance with St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2through 17 and St. 2012, c. 238, §§ 60 through 63, and 801 CMR 51.00, including thefunding of each reserve, or the authorization required to fund each reserve prior to theissuance of the Bonds; and(d) approve the acquisition or acceptance of any property interests in the PublicInfrastructure Improvements to be conveyed to the Municipality upon completion.

51.11: Economic Development Proposal Submitted to Secretary and Agency for Approval

Upon receiving municipal approval, a Developer and the Municipality shall jointly file anEconomic Development Proposal with the Secretary and the Agency for their approval. Anysuch Economic Development Proposal submitted to the Secretary and the Agency for approvalmust be submitted not later than 60 days following the date of the related municipal approval.



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51.12: Content of Application to Secretary and Agency for Approval of Economic Development Proposal

The application for final approval of an Economic Development Proposal shall include:

(1) The Economic Development Proposal. The content of the Economic Development Proposalsubmitted to the Secretary and the Agency for approval shall be the same as the EconomicDevelopment Proposal submitted to the Municipality, but if the Municipality’s approval wasconditioned on any changes to the Economic Development Proposal, the Economic DevelopmentProposal submitted to the Secretary shall reflect these changes.

(2) An opinion of counsel to the Municipality confirming that:(a) the Municipality approved the Economic Development Proposal in accordance with therequirements of St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2through 17 and St. 2012, c. 238, §§ 60 through 63, and 801 CMR 51.00; and(b) the Economic Development Project is permitted under the applicable zoning laws.

(3) Certified copies of the votes of the Municipality approving the Economic DevelopmentProposal in accordance with St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129,§§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and 801 CMR 51.00 and of the minutesof the public hearing required by St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c.129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and the notice of the publichearing.

(4) Evidence that the Developer owns each of the parcels of real property within the EconomicDevelopment District described in the Economic Development Proposal, or owns sufficientinterests therein to carry out the Economic Development Project.

(5) Any Commitments obtained by the Developer since the Developer’s submission of thePreliminary Economic Development Proposal that were not previously submitted to theSecretary, together with a written statement as to whether any of the prospective tenants orpurchasers making such Commitments are relocating jobs or commercial activity from elsewherein the Commonwealth and whether any jobs being relocated from elsewhere in theCommonwealth to the Economic Development District would be relocated outside of theCommonwealth if the Economic Development Project were not carried out, including anycompelling evidence supporting such an assertion that the Developer is able to provide. Thefinal certifications of the Commissioner as to the estimated New Revenues and New State TaxRevenues pursuant to 801 CMR 51.13(2)(b), and the final approvals of the Secretary and theAgency of the Economic Development Proposal, shall be based only on New Revenues and NewState Tax Revenues anticipated from all or any portion of each Project Component for whichCommitments have been provided by the Developer.

(6) Evidence that the Developer has sufficient equity and financing commitments to fund allof the Costs of the Economic Development Project, or all of the Costs of the phase of theEconomic Development Project for which the Developer is seeking approval if it is a PhasedProject, except any of such Costs expected to be funded by the Agency under St. 2006, c. 293,§§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60through 63, based on the Preliminary Approval Letter, which evidence shall be satisfactory tothe Secretary. This shall include evidence of the commitment of the Developer’s constructionlender, on terms and conditions acceptable to the Secretary, to advance loan proceeds on theDevelopers behalf to pay for the costs of completing Public Infrastructure Improvements that arenot being funded from proceeds of the Bonds, notwithstanding whether or not the constructionlender’s loan with the Developer is in default, or such other security or assurance as may beacceptable to the Secretary.

(7) If the Municipal Liquidity Reserve for any Assessment Parcel is to be funded by theMunicipality or by an equity contribution from the Developer or any other third party:

(a) evidence that the amount required to be deposited in the Municipal Liquidity Reservehas been transferred into the Reserve; or



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(b) an enforceable commitment from the Developer or the third party to the Municipalityto transfer this amount into the Reserve prior to the issuance of the Bonds by the Agency.If the Municipal Liquidity Reserve for any Assessment Parcel is to be funded by a suretybond, insurance policy, or other credit facility, the application shall include a writtencommitment from a provider of any such credit facility that is rated AA or higher by at leasttwo nationally recognized rating agencies to provide such credit facility prior to the issuanceof the Bonds by the Agency in the amount required by St. 2006, c. 293, §§ 5 through 12, asamended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and801 CMR 51.00 and in form satisfactory to the Secretary providing for direct payment to theCommonwealth in the event of a failure by the Developer to pay all or any portion of aninfrastructure assessment when due and payable or by the Municipality to pay all or anyportion of a local infrastructure development assistance payment when due and payable. Ifthe Municipality is paying the premium for any such credit facility, the municipal approvalmust clearly authorize the payment of the premium, and if the Developer or any other thirdparty is paying the premium for any such credit facility, the Developer must provide anenforceable commitment from the Developer or such other third party to the Municipality topay the premium. If the Economic Development Project is a Phased Project, therequirements of 801 CMR 51.12(7) shall only apply to the Municipal Liquidity Reserve foreach Assessment Parcel that is a part of the phase of the Economic Development Project forwhich the Developer is seeking approval.

(8) If all or a portion of the Economic Development Project is located in a Convention CenterDistrict and the Economic Development Proposal makes the financing of the PublicInfrastructure Improvements dependent in whole or in part on New State Tax Revenues that willbe deposited in the Convention Center Fund, an agreement among the Secretary, the Developerand the Massachusetts Convention Center Authority providing for the transfer of the requiredamounts of such New State Tax Revenues from the Convention Center Fund to the General Fundin accordance with St. 1997, c. 152, § 10(c)(vi).

(9) If the Developer seeks a waiver or partial waiver of any requirements necessary for theSecretary's Approval of an Economic Development Proposal for the purpose of issuance of BondAnticipation Notes, the Developer must submit evidence of a letter of credit or other security forthe repayment of the Developers' obligations under the Infrastructure Development AssistanceAgreement acceptable to the Secretary.

51.13: Process for Approval of Economic Development Proposal

(1) Within 60 days of receipt of the Economic Development Proposal from the Developer andthe Municipality in the form and with the information and documentation required by St. 2006,c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,§§ 60 through 63, and by 801 CMR 51.00, the Secretary shall take action on the Proposal byapproving it, disapproving it, requesting its amendment or requesting further information.

(2) Prior to approving any Economic Development Proposal, and, if the Economic DevelopmentProject is a Phased Project, prior to approving any phase of any Economic Development Projectfor which the Developer is seeking approval, the Secretary must have received or provided thefollowing:

(a) An updated Independent Consultant Analysis to take into account any differencebetween the Economic Development Proposal and the Preliminary Economic DevelopmentProposal and any changes in facts or assumptions since the original Independent ConsultantAnalysis. The updated Independent Consultant Analysis should be conducted and paid forin the same manner and by the same parties as the original Independent Consultant Analysis.(b) An updated version of the Preliminary Certificate of the Commissioner to reflect anychanges in the Economic Development Proposal filed by the Developer and the Municipalityfrom the Preliminary Economic Development Proposal and the updated IndependentConsultant Analysis and to reflect only the New Revenues and New State Tax Revenuesprojected to be generated from Project Components for which Commitments have beenobtained. If the Economic Development Project is a Phased Project, the updated version ofthe Certificate shall address only the phase of the Economic Development Project for whichthe Developer is seeking approval.



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(c) An updated version of the Preliminary Certificate of the Agency to reflect any changesin the Economic Development Proposal filed by the Developer and the Municipality fromthe Preliminary Economic Development Proposal, the Independent Consultant Analysis andthe updated version of the Preliminary Certificate of the Commissioner. If the EconomicDevelopment Project is a Phased Project, the updated version of the Certificate shall addressonly the phase of the Economic Development Project for which the Developer is seekingapproval.(d) Certification of the Agency confirming that the Agency has reviewed the documentationprovided by the Developer to demonstrate that the Developer has sufficient equity andfinancing commitments to fund Costs of the Economic Development Project and that, basedon such review and on any additional investigation or review the Agency deemed necessary,the Agency has determined that the Developer has sufficient equity and financingcommitments to fund all of the Costs of the Economic Development Project or, if theEconomic Development Project is a Phased Project, all of the Costs of the phase of theEconomic Development Project for which the Developer is seeking approval, except any ofsuch Costs expected to be funded by the Agency from the proceeds of the Bonds underSt. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St.2012, c. 238, §§ 60 through 63.(e) Certification of the Commissioner confirming that the amount of projected annual NewState Tax Revenues allocable to each of the Project Components of the EconomicDevelopment Project, or, if the Economic Development Project is a Phased Project, the phaseof the Economic Development Project for which the Developer is seeking approval,following completion and occupancy thereof will be at least equal to the projected maximumannual Debt Service due on the related Bonds to be issued by the Agency following thecompletion and occupancy of the related Occupied Project Component as determined under801 CMR 51.00 and identified in the certification of the Executive Director of the Agencyreferenced in 801 CMR 51.13(2)(c).(f) Certification of the Agency confirming that Agency has approved the EconomicDevelopment Proposal, or, if the Economic Development Project is a Phased Project, theEconomic Development Proposal with respect to the phase of the Economic DevelopmentProject for which the Developer is seeking approval.(g) Certification of the Secretary that:

1. the Developer has funding or financial commitments satisfactory to the Secretarysufficient to fund the Costs of the Economic Development Project, or, if the EconomicDevelopment Project is a Phased Project, the phase of the Economic DevelopmentProject for which the Developer is seeking approval, exclusive of any Costs of the PublicInfrastructure Improvements to be financed by Bonds to be issued by the Agency, andsuch commitments include the commitment of the Developer’s construction lender orlenders, on terms and conditions acceptable to the Secretary, to advance loan proceedson the Developer’s behalf to pay for the costs of completing Public InfrastructureImprovements that are not being funded from proceeds of the Bonds, whether or not theconstruction lender’s loan with the Developer is in default, or such other security orassurance as the Secretary has determined to be acceptable;2. the Developer’s plan to secure the obligations of its selected contractor or contractorsto complete each of the Project Components and the Public Infrastructure Improvementswith payment, performance and lien bonds which, in the case of the Public InfrastructureImprovements being funded in whole or in part from the proceeds of the Bonds, providefor the Developer and the Agency to be co-obligees under such bonds, and to secure itsown obligation to complete the portion of the Public Infrastructure Improvements notfunded by Bonds under this Act, or to provide other security satisfactory to the Secretary,is satisfactory to the Secretary, and the Secretary’s approval of the EconomicDevelopment Proposal, or of the portion thereof that relates to the phase of the EconomicDevelopment Project for which the Developer is seeking approval if it is a PhasedProject, will be made conditional upon such security having been obtained prior to theissuance of the related Bonds; and



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3. the Municipality has established a Municipal Liquidity Reserve for the benefit of theCommonwealth for each Assessment Parcel within the Economic Development Project,or, if the Economic Development Project is a Phased Project, for each Assessment Parcelthat is a part of the phase of the Economic Development Project for which the Developeris seeking approval, and has funded or has provided for the funding of such Reserve inan amount equal to twice the total maximum annual Debt Service due on the Bondsallocable to said Assessment Parcel.4. if the Developer seeks a waiver or partial waiver of the any requirements necessaryfor the Secretary's Approval of the Economic Development Proposal for the purpose ofissuance of Bond Anticipation Notes, the Secretary has received evidence that theDeveloper has obtained a letter of credit or other security for the repayment of theDeveloper's obligations under an Infrastructure Development Assistance Agreementacceptable to the Secretary and that the Secretary waives any necessary requirements.

51.14: Phased Projects

If an Economic Development Project is a Phased Project, the Developer and the Municipalitymust provide evidence of satisfaction of the requirements identified in 801 CMR 51.12 and therequirements of 801 CMR 51.13 must be satisfied prior to the Secretary’s and the Agency’sapproval of the portion of any Economic Development Proposal related to the phase of theEconomic Development Project for which the Developer is seeking approval.

51.15: Additional Information

The Secretary may request any additional information or documentation she considersrelevant to her evaluation or approval of the Economic Development Proposal, including anyadditional Commitments that may be required in order to confirm the estimated amount of NewRevenues or New State Tax Revenues upon which any final approval of the EconomicDevelopment Proposal would be based. The Developer and the Municipality shall promptlyprovide any such information or documentation requested to the extent it is available.

51.16: Final Approval

If the criteria and requirements for an Economic Development Proposal set forth in St. 2006,c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,§§ 60 through 63, and in 801 CMR 51.00 are satisfied, the Secretary may approve and certify theEconomic Development Proposal by filing a certificate with the Department, the Agency and theTreasurer declaring the Economic Development Proposal to be a certified EconomicDevelopment Proposal. If the Economic Development Project is a Phased Project, theSecretary’s approval and certification shall clearly state the phase or phases of the EconomicDevelopment Project for which such approval and certificate relate. Any approval andcertification of an Economic Development Proposal shall be conditioned upon execution of therelated Infrastructure Development Assistance Agreement in form consistent with St. 2006,c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238,§§ 60 through 63, and 801 CMR 51.00 and otherwise satisfactory to the Secretary and may besubject to any other conditions the Secretary determines to be necessary or desirable.

The Secretary reserves the right, in the Secretary’s sole discretion, to waive any of the criteriaor requirements for approval of an Economic Development Proposal stated in 801 CMR 51.00that are not statutorily required by St. 2006, c. 293, §§ 5 through, as amended by St. 2008, c. 129,§§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and the Secretary reserves the right toreject any Economic Development Proposal.

51.17: Infrastructure Development Assistance Agreement

(1) The Secretary, Agency, Developer and Municipality shall enter into an InfrastructureDevelopment Assistance Agreement prior to the issuance of any of the Bonds.



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(2) The Infrastructure Development Assistance Agreement shall have terms and conditionsconsistent with the requirements of St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008,c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and 801 CMR 51.00, the relatedEconomic Development Proposal and the Secretary’s certification of approval of the EconomicDevelopment Proposal.

(3) The Infrastructure Development Assistance Agreement shall set forth the finance plan forthe Public Infrastructure Improvements, including the amount, structure, date or dates ofissuance, security and other relevant terms of the Bonds, and it shall require that the Developerpay the Bond Issuance Fee to the Agency upon the issuance of the Bonds.

(4) The Infrastructure Development Assistance Agreement shall authorize the Agency, uponrequest of the Secretary, to issue refinancing Bonds to refinance all or a portion of the Bondsoriginally issued to finance the Public Infrastructure Improvements. No approval of theMunicipality shall be required for the issuance of refinancing Bonds unless the issuance of therefinancing Bonds would result in an increase in Debt Service in any fiscal year of theCommonwealth. Upon any refinancing of Bonds that results in a reduction of future DebtService payments, the Infrastructure Development Assistance Agreement shall be amended toreflect such reduction in Debt Service.

(5) The Infrastructure Development Assistance Agreement shall provide for the Commissionerto issue the Annual Certification of New State Tax Revenues by not later than December 1 inst

each year in accordance with St. 2006, c. 293, §§ 5 through , as amended by St. 2008, c. 129,§§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, 801 CMR 51.00 and the DOR Guidance.In order to ensure that the Commissioner has the information necessary to make thedetermination as to New State Tax Revenues and to issue the Annual Certification as to NewState Tax Revenues by December 1 of each year, the Infrastructure Development Assistancest

Agreement shall require Owners of each Project Component to provide the Annual Data directlyto the Commissioner by not later than August 31 of each year. In the event that the Annual Datast

with respect to any Project Component is not provided to the Commissioner by August 31 , thest

Annual Certification of New State Tax Revenues with respect to such Project Component shallstate that there were no New State Tax Revenues for the prior fiscal year. The Commissionermay, in the Commissioner's sole discretion, waive the August 31 deadline if the Annual Datast

is provided prior to December 1 with sufficient time for the Commissioner to make the requiredst

determination as to New State Tax Revenues prior to December 1 . The Annual Data submittedst

to the Commissioner will be kept confidential by the Department to the extent required aspermitted by law; provided that the Developer and successor Owners shall be required to waivesuch confidentiality in limited circumstances to permit the Secretary and the Municipal Officersto review the Annual Data as prescribed in the DOR Guidance.

(6) In accordance with St. 2006, c. 293, § 8, as amended by St. 2008, c. 129, §§ 8 and 9 and§ 10, as amended by St. 2008, c. 129, §§ 10 through 12, the Infrastructure DevelopmentAssistance Agreement shall provide that the Bonds shall be secured by a pledge of theInfrastructure Development Assistance Agreement and the rights of the Agency to receive StateInfrastructure Development Assistance in accordance with St. 2006, c. 293, §§ 5 through 12 , asamended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60 through 63, and withthe terms of the Infrastructure Development Assistance Agreement. The InfrastructureDevelopment Assistance Agreement shall provide for the State Infrastructure DevelopmentAssistance to be paid to the Agency in the amounts and at the times necessary to pay the DebtService on the Bonds when the same is due and payable. The Infrastructure DevelopmentAssistance Agreement shall provide for an administrative fee to be paid to the Agency on a one-time basis or on a periodic basis during the life of the Bonds to cover reasonable costs incurredby the Agency in connection with its ongoing responsibilities related to the Bonds.

(7) (a) In accordance with St. 2006, c. 293, § 9 of the Infrastructure Development AssistanceAgreement shall provide for the Municipality to fix and assess Infrastructure Assessmentswith respect to each Assessment Parcel commencing with the fiscal year of theCommonwealth following the fiscal year in which the Bonds are issued in amounts sufficientin each fiscal year to reimburse the Commonwealth for the total amount of the Debt Servicepayable by the Commonwealth during that fiscal year. The Infrastructure Assessments shallbe assessed and collected by the Municipality and paid to the Commonwealth by not laterthan June 30 of the related fiscal year.th



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51.17: continued

(b) The methodology for calculating the amount of the Infrastructure Assessment on eachAssessment Parcel provided for in the Infrastructure Development Assistance Agreementshall be consistent with the methodology set forth in the Economic Development Proposal.In the fiscal year of the Commonwealth in which a Project Component becomes an OccupiedProject Component, the amount of the Infrastructure Assessment for the related AssessmentParcel shall be equal to a prorated portion of the total Debt Service on the Bonds allocableto such Assessment Parcel payable during that fiscal year based on the number of days in thefiscal year that had elapsed prior to the date on which the related Project Component becamean Occupied Project Component.(c) Pursuant to St. 2006, c. 293, § 10, as amended by St. 2008, c. 129, § 12(d), a Developermay agree in the Infrastructure Development Assistance Agreement to allow the Municipalityto fix and assess Infrastructure Assessments with respect to any Assessment Parcel toreimburse the Commonwealth, or to reimburse the Municipal Liquidity Reserve or any creditfacility provider thereof to the extent a draw was made by the Commonwealth against theMunicipal Liquidity Reserve, to cover all or a portion of any Shortfall. Any suchInfrastructure Assessment with respect to an Assessment Parcel with an Occupied ProjectComponent shall be assessed and collected by the Municipality in the fiscal year of theCommonwealth following the fiscal year in which the related Shortfall occurred and shallbe paid to the Commonwealth, or shall be applied to reimburse the related MunicipalLiquidity Reserve or any credit facility provider thereof to the extent a draw was made by theCommonwealth against the Municipal Liquidity Reserve to cover all or any portion of suchShortfall, by not later than July 1 of the second fiscal year following the fiscal year of thest

Commonwealth in which the Shortfall occurred. Failure by the Municipality to assess andcollect all or any portion of an Infrastructure Assessment to cover a Shortfall, or any failureby the Owner of the related Assessment Parcel to pay any such Infrastructure Assessment,shall not relieve the Municipality of its obligation under St. 2006, c. 293, § 10, as amendedby St. 2008, c. 129, §§ 10 through 12, and 801 CMR 51.17(8) to pay Local DevelopmentInfrastructure Assistance to the Commonwealth in an amount sufficient, together with anyportion of the Infrastructure Assessment that has been assessed, collected and paid to theCommonwealth or applied to reimburse the related Municipal Liquidity Reserve, to coverthe Shortfall amount on or before July 1 of the second fiscal year following the fiscal yearst

of the Commonwealth in which the Shortfall occurred.

(8) In accordance with St. 2006, c. 293, § 10, as amended by St. 2008, c. 129, §§ 10 through12,the Infrastructure Development Assistance Agreement shall provide for the Municipality topay Local Development Infrastructure Assistance to reimburse the Commonwealth, or toreimburse the related Municipal Liquidity Reserve or any credit facility provider thereof to theextent a draw was made by the Commonwealth against the related Municipal Liquidity Reserve,to cover all or a portion of any Shortfall with respect to any Assessment Parcel on or before July1 of the second fiscal year following the fiscal year of the Commonwealth in which the Shortfallst

occurred. If the Developer has agreed to pay Infrastructure Assessments to reimburse theCommonwealth for all or any portion of a Shortfall under St. 2006, c. 293, § 10, as amended bySt. 2008, c. 129, § 12(d), and 801 CMR 51.17(7), any such Infrastructure Assessments assessedand collected by the Municipality and paid to the Commonwealth or applied to reimburse theMunicipal Liquidity Reserve prior to said July 1 shall be credited against the Municipality’sst

obligation to pay Local Development Infrastructure Assistance to cover the Shortfall. Pursuantto St. 2006, c. 293, § 10(b), as amended by St. 2008, c. 129, § 11, the Infrastructure DevelopmentAssistance Agreement shall further provide that, to the extent the Municipality does not pay allor a portion of any Local Development Infrastructure Assistance due to the Commonwealth onany July 1 on which such payment is due, the Secretary shall take the necessary action tost

withhold the unpaid amount from the local aid amount that would otherwise be distributed bythe Commonwealth to the Municipality.

(9) In accordance with St. 2006, c. 293, § 10(b) St. 2008, c. 129, § 11, and 801 CMR 51.00,once the cumulative New State Tax Revenues with respect to a Project Component equal orexceed the Net Debt Service on the Bonds allocable to such Project Component, theMunicipality and the Developer shall have no further obligation to provide Local InfrastructureDevelopment Assistance or to pay Infrastructure Assessments with respect to any of the DebtService on such Bonds that first becomes due and payable thereafter.



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(10) (a) The Infrastructure Development Assistance Agreement shall require that the Agency:1. deposit any portion of the State Infrastructure Development Assistance paid in anyfiscal year that is in excess of the Debt Service due and payable in such fiscal year in aredemption fund or escrow fund pledged to the payment of the Bonds;2. invest those amounts in permissible investments under the related bond indenture andsubject to the approval of the Secretary; and3. apply those amounts and the investment earnings thereon to prepay Bonds inaccordance with a prepayment plan approved by the Secretary.

(b) Upon any prepayment of Bonds as a result of a prepayment of State InfrastructureDevelopment Assistance that results in a reduction of future Debt Service payments, theInfrastructure Development Assistance Agreement shall be amended to reflect the reducedDebt Service amounts.

(11) The Infrastructure Development Assistance Agreement shall provide that the MunicipalLiquidity Reserves required to be established for each Assessment Parcel under St. 2006, c. 293,§§ 5 through 12 , as amended by St. 2008, c. 129, §§ 2 through 17 and St. 2012, c. 238, §§ 60through 63, and 801 CMR 51.00 be held by the Municipality as segregated funds of theMunicipality for the benefit of the Commonwealth. The Infrastructure Development AssistanceAgreement shall further provide that each Municipal Liquidity Reserve be funded in an amount,or have a credit facility approved by the Secretary payable to the Commonwealth in an amount,equal to or greater than twice the maximum annual Debt Service on the Bonds allocable to therelated Assessment Parcel. In the event that the Annual Certification of New State TaxRevenues indicates that there was a Shortfall in the prior fiscal year of the Commonwealth withrespect to any Occupied Project Component, the Commonwealth shall have the right under theInfrastructure Development Assistance Agreement to require that the Municipality, or the creditfacility provider, if applicable, transfer, within ten days of receipt of a written direction to thateffect from the Secretary, the Municipality, or the credit facility provider, if applicable, to theCommonwealth from the related Municipal Liquidity Reserve an amount equal to such Shortfallto reimburse the Commonwealth for the portion of the State Infrastructure DevelopmentAssistance paid in the prior fiscal year that was equal to the Shortfall. In the event that theCommonwealth draws on a Municipal Liquidity Reserve to cover all or any portion of aShortfall, the Municipality’s obligation to pay Local Infrastructure Development Assistance, andany obligation of the Developer to pay Infrastructure Assessments, to reimburse the Common-wealth for such Shortfall or for the portion thereof that was drawn from the Municipal LiquidityReserve shall be applied to reimburse the Municipal Liquidity Reserve, or the credit facilityprovider, if applicable, as provided in 801 CMR 51.00. The Infrastructure DevelopmentAssistance Agreement shall further provide that, following the final payment of the relatedBonds, any cash-funded Municipal Liquidity Reserve shall be disposed of in either of thefollowing ways, as provided in the Infrastructure Development Assistance Agreement:

(a) transfer any remaining cash in the related Municipal Liquidity Reserves to the publicentity that owns the infrastructure for the sole purpose of making improvements to the PublicInfrastructure Improvements financed with the Bonds; or(b) transfer any remaining cash in the related Municipal Liquidity Reserve to the entity thatoriginally funded the reserve.

(12) The Infrastructure Development Assistance Agreement shall provide for the plans andspecifications of the Public Infrastructure Improvements to be subject to the review and approvalof the Municipality, the public entity that shall own and maintain all or a portion of the PublicInfrastructure Improvements if not the Municipality and the Commonwealth. The InfrastructureDevelopment Assistance Agreement shall also provide for the Municipality, the public entity thatshall own and maintain all or a portion of the Public Infrastructure Improvements if not theMunicipality and the Commonwealth to have the right to inspect and monitor the constructionof the Public Infrastructure Improvements. For this purpose, the Municipality, the public entitythat shall own and maintain all or a portion of the Public Infrastructure Improvements if not theMunicipality and the Commonwealth may jointly engage an independent engineer or otherappropriate professional with expertise in the design or construction of public infrastructuresimilar to the Public Infrastructure Improvements (the “Independent Construction Agent”), andany such Independent Construction Agent shall be funded from proceeds of the Bonds as a Cost



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of the Public Infrastructure Improvements. The Infrastructure Development AssistanceAgreement shall further provide that the Developer must requisition disbursement of proceedsof the Bonds from the Agency to pay Costs of the Public Infrastructure Improvements and thatthe Commonwealth, the Municipality and the public entity that shall own and maintain all or aportion of the Public Infrastructure Improvements if not the Municipality , acting through thedesignated Independent Construction Agent or through any designated employee or employeesof the Commonwealth, the Municipality or of the public entity that shall own and maintain allor a portion of the Public Infrastructure Improvements if not the Municipality, must approve anysuch disbursements by the Agency.

(13) The Infrastructure Development Assistance Agreement shall require that the Developerprovide evidence to the Secretary and the Municipality of having complied with the competitiveprocurement process for the selection of a contractor or contractors for the construction of thePublic Infrastructure Improvements that was proposed by the Developer in the related EconomicDevelopment Proposal, with any modifications to the process that may have been required bythe Secretary, including copies of the bid solicitation and bids submitted and written evidencethat the basis of the selection made was consistent with the criteria set forth in the bidsolicitation.

(14) The Infrastructure Development Assistance Agreement shall require that the Developerpay any Costs of the Public Infrastructure Improvements in excess of the amount to be fundedfrom proceeds of the Bonds as provided in the Economic Development Proposal approved bythe Secretary; provided that the Infrastructure Development Assistance Agreement may providefor the Municipality, or the public entity that shall own and maintain the Public InfrastructureImprovements if not the Municipality, to cover all or a portion of such costs.

(15) The Infrastructure Development Assistance Agreement shall require that, prior to theissuance of the Bonds, the Developer shall have caused its contractors for the EconomicDevelopment Project to have obtained payment, performance and lien bonds from providerssatisfactory to the Secretary to secure the contractors’ obligations to complete the constructionof the Economic Development Project, or, if the Economic Development Project is a PhasedProject, the related phase of the Economic Development Project, including the related PublicInfrastructure Improvements, and to have provided for the Developer and the Agency to be co-obligees on any such payment, performance and lien bonds related to the Public InfrastructureImprovements being financed in whole or in part from proceeds of the Bonds payable in anamount equal to or greater than the related Bonds, or that the Developer shall have providedother security satisfactory to the Secretary as provided for in the Economic DevelopmentProposal and in the Secretary’s approval thereof.

(16) The Infrastructure Development Assistance Agreement shall require that, prior to theissuance of the related Bonds, the Developer shall enter into an agreement among the Developer,the Developer’s construction lender, and the Agency on terms and conditions acceptable to theSecretary which requires the construction lender to advance loan proceeds on the Developer’sbehalf to pay for the costs of completing Public Infrastructure Improvements that are not beingfunded from proceeds of the Bonds, notwithstanding whether or not the construction lender’sloan with the Developer is in default, or that the Developer shall have provided such othersecurity satisfactory to the Secretary as provided for in the Economic Development Proposal andin the Secretary’s approval thereof.

(17) In accordance with St. 2006, c. 293, § 12 as amended by St. 2008, c. 128, § 17, section12A, the Infrastructure Development Assistance Agreement shall require that, prior to theissuance of the Bonds, the Developer certify to the Secretary and the Municipality that:

(a) the Developer has properly classified and will at all times properly classify anyindividuals it employs to work on the Public Infrastructure Improvements, and it will requiredocumentation from any contractor it engages to work on the Public InfrastructureImprovements confirming that any such contractor will properly classify individuals itemploys to work on the Public Infrastructure Improvements;



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(b) the Developer has complied and will at all times comply with the all laws concerningworkers’ compensation insurance coverage, unemployment insurance, social security taxesand income taxes with respect to all such employees, and it will require documentation fromany contractor it engages to work on the Public Infrastructure Improvements confirming thatany such contractor will at all times comply with these laws; and(c) the Developer will require documentation from any contractor it engages to work on thePublic Infrastructure Improvements showing that all of the employees of the contractorworking on the Public Infrastructure Improvements have hospitalization and medical benefitsthat meet the minimum requirements of the Connector Board established in M.G.L. c. 176Q.

(18) In accordance with St. 2006, c. 293, § 6(e) of the Infrastructure Development AssistanceAgreement shall provide that:

(a) the Developer shall be responsible for all costs and expenses of the EconomicDevelopment Project, including the costs of operating and maintaining all PublicInfrastructure Improvements prior to their conveyance to the Municipality or to any othergovernmental entity designated to be the owner of the Public Infrastructure Improvementsin the Economic Development Proposal, except for any Costs to be funded from proceedsof the Bonds under St. 2006, c. 293, §§ 5 through 12 , as amended by St. 2008, c. 129, §§ 2through 17 and St. 2012, c. 238, §§ 60 through 63, 801 CMR 51.00 and the EconomicDevelopment Proposal approved by the Secretary; and(b) the Municipality, or such other governmental entity, shall be responsible for operatingand maintaining the Public Infrastructure Improvements following the conveyance, providedthat the Municipality or other governmental entity may contract with the Developer tooperate and maintain the Public Infrastructure Improvements for the period of time followingthe conveyance and in accordance with such other terms and conditions as the parties shalldeem appropriate and desirable. The Infrastructure Development Assistance Agreement shallset forth the terms and conditions for the conveyance. If the Public InfrastructureImprovements are to be conveyed to a governmental entity other than the Municipality, thegovernmental entity shall be a party to the Infrastructure Development Assistance Agreementfor the purpose of the requirements of 801 CMR 51.(18)(b).

(19) Each Infrastructure Development Assistance Agreement shall include the following equalopportunity provisions:

(a) During the performance of this agreement, the Developer agrees as follows:1. The Developer will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, national origin, sexual orientation ordisability. The Developer will take affirmative action to ensure that applicants areemployed, and that employees are treated during employment, without regard to theirrace, color, religion, sex, national origin, sexual orientation or disability. Such actionshall include, but not be limited to the following: employment, upgrading, demotion, ortransfer, recruitment or recruitment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training, including apprenticeship. TheDeveloper agrees to post in conspicuous places, available to employees and applicantsfor employment, notices to be provided by the contracting officer setting forth theprovisions of this nondiscrimination clause.2. The Developer will, in all solicitations or advertisements for employees placed by oron behalf of the Developer, state that all qualified applicants will receive considerationfor employment without regard to race, color, religion, sex, national origin, sexualorientation or disability.3. In the event of the Developer's non-compliance with the nondiscrimination clausesof this agreement or with any of such rules, regulations, or orders, the Secretary may: finethe Developer for each instance of non-compliance; refrain from extending any furtherassistance to the Developer for the Public Infrastructure Improvements until satisfactoryassurance of future compliance has been received from the Developer; and refer the caseto the Office of the Attorney General for appropriate legal proceedings.

(b) The Developer hereby agrees that it will incorporate or cause to be incorporated into anycontract for construction work, or modification thereof, which is paid for in whole or in partwith funds from State Infrastructure Development Assistance pursuant to this agreement, thefollowing equal opportunity clause:



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During the performance of this contract, the contractor agrees as follows:1. The contractor will not discriminate against any employee or applicant foremployment because race, color, religion, sex, national origin, sexual orientation ordisability. The contractor will take affirmative action to ensure that applicants areemployed, and that employees are treated during employment without regard to theirrace, color, religion, sex, national origin, sexual orientation or disability. Such actionshall include, but not be limited to the following: employment, upgrading, demotion, ortransfer; recruitment or recruitment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training, including apprenticeship. Thecontractor agrees to post in conspicuous places, available to employees and applicantsfor employment, notices to be provided setting forth the provisions of thisnondiscrimination clause.2. The contractor will, in all solicitations or advertisements for employees placed by oron behalf of the contractor, state that all qualified applicants will receive considerationsfor employment without regard to race, color, religion, sex, national origin, sexualorientation or disabiliy.3. The contractor will send to each labor union or representative of workers with whichhe has a collective bargaining agreement or other contract or understanding, a notice tobe provided advising the said labor union or workers' representatives of the contractor'scommitments under 801 CMR 51.17, and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.4. The contractor will furnish all information and reports required by the assistanceagreement or by the Secretary, and will permit access to his or her books, records, andaccounts by the Secretary for purposes of investigation to ascertain compliance with theassistance agreement and orders of the Secretary.5. In the event of the contractor's noncompliance with the nondiscrimination clauses ofthis contract, the assistance agreement or orders of the Secretary, the assistanceagreement may be canceled, terminated, or suspended in whole or in part.6. The contractor will include the portion of the sentence immediately preceding theprovisions of 801 CMR 51.17(19)(b)1. through 5. in every subcontract or purchase order,so that such provisions will be binding upon each subcontractor or vendor. Thecontractor will take such action with respect to any subcontract or purchase order as theSecretary may direct as a means of enforcing such provisions, including sanctions fornoncompliance.

(c) The Developer agrees to assist and cooperate actively with the Secretary or a designeein obtaining the compliance of contractors and subcontractors with the equal opportunityclause and the agreement and relevant orders of the Secretary, and to furnish the Secretarysuch information as may require for the supervision of such compliance, and to otherwiseassist the Secretary in the discharge of the Secretary’s responsibility for securing compliance.

The Developer further agrees that he or she will refrain from entering into any contractor contract modification subject to the agreement, with a contractor debarred from federalor state government construction contracts. In addition, the Developer agrees that if he failsor refuses to comply with these undertakings, the Secretary may take any or all of thefollowing actions: fine the Developer for each instance of non-compliance; refrain fromextending any further assistance to the Developer for the Public Infrastructure Improvementsuntil satisfactory assurance of future compliance has been received from such Developer; andrefer the case to the Office of the Attorney General for appropriate legal proceedings.”

51.18: Sustainable Development Principles

The Commonwealth of Massachusetts shall care for the built and natural environment bypromoting sustainable development through integrated energy and environment, housing andeconomic development, transportation and other policies, programs, investments, andregulations. The Commonwealth will encourage the coordination and cooperation of allagencies, invest public funds wisely in smart growth and equitable development, give priorityto investments that will deliver good jobs and good wages, transit access, housing, and openspace, in accordance with the following sustainable development principles. Furthermore, theCommonwealth shall seek to advance these principles in partnership with regional and municipalgovernments, non-profit organizations, business, and other stakeholders.



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(1) Concentrate Development and Mix Uses. Support the revitalization of city and town centersand neighborhoods by promoting development that is compact, conserves land, protects historicresources, and integrates uses. Encourage remediation and reuse of existing sites, structures, andinfrastructure rather than new construction in undeveloped areas. Create pedestrian friendlydistricts and neighborhoods that mix commercial, civic, cultural, educational, and recreationalactivities with open spaces and homes.

(2) Advance Equity. Promote equitable sharing of the benefits and burdens of development.Provide technical and strategic support for inclusive community planning and decision makingto ensure social, economic, and environmental justice. Ensure that the interests of futuregenerations are not compromised by today's decisions.

(3) Make Efficient Decisions. Make regulatory and permitting processes for development clear,predictable, coordinated, and timely in accordance with smart growth and environmentalstewardship.

(4) Protect Land and Ecosystems. Protect and restore environmentally sensitive lands, naturalresources, agricultural lands, critical habitats, wetlands and water resources, and cultural andhistoric landscapes. Increase the quantity, quality and accessibility of open spaces andrecreational opportunities.

(5) Use Natural Resources Wisely. Construct and promote developments, buildings, andinfrastructure that conserve natural resources by reducing waste and pollution through efficientuse of land, energy, water, and materials.

(6) Expand Housing Opportunities. Support the construction and rehabilitation of homes tomeet the needs of people of all abilities, income levels, and household types. Build homes nearjobs, transit, and where services are available. Foster the development of housing, particularlymultifamily and smaller single-family homes, in a way that is compatible with a community'scharacter and vision and with providing new housing choices for people of all means.

(7) Provide Transportation Choice. Maintain and expand transportation options that maximizemobility, reduce congestion, conserve fuel and improve air quality. Prioritize rail, bus, boat,rapid and surface transit, shared-vehicle and shared-ride services, bicycling, and walking. Investstrategically in existing and new passenger and freight transportation infrastructure that supportssound economic development consistent with smart growth objectives.

(8) Increase Job and Business Opportunities. Attract businesses and jobs to locations nearhousing, infrastructure, and transportation options. Promote economic development in industryclusters. Expand access to education, training, and entrepreneurial opportunities. Support thegrowth of local businesses, including sustainable natural resource-based businesses, such asagriculture, forestry, clean energy technology, and fisheries.

(9) Promote Clean Energy. Maximize energy efficiency and renewable energy opportunities.Support energy conservation strategies, local clean power generation, distributed generationtechnologies, and innovative industries. Reduce greenhouse gas emissions and consumption offossil fuels.

(10) Plan Regionally. Support the development and implementation of local and regional, stateand interstate plans that have broad public support and are consistent with these principles.Foster development projects, land and water conservation, transportation and housing that havea regional or multi-community benefit. Consider the long-term costs and benefits to theCommonwealth.


801 CMR 51.00: St. 2006, c. 293, §§ 5 through 12, as amended by St. 2008, c. 129, §§ 2 through17 and St. 2012, c. 238, §§ 60 through 63.


William Francis Galvin

Secretary of the CommonwealthState BookstoreState House, Room 116Boston, MA 02133

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