310 Mass. Reg. 19.141

Current through Register 1524, June 21, 2024

Section 19.141 - Notice of Landfill Operation

Prior to obtaining a determination from the Department that closure of a landfill has been completed or an approval from the Department for a post-closure use of a landfill, the owner or operator of a landfill shall record a notice that a landfill has been operated on a site in the registry of deeds or in the registry section of the land court for the district wherein the landfill lies in accordance with M.G.L. c. 111, § 150A. The notice shall be captioned "Notice of Landfill Operation" and shall contain a title reference citing the source of title of the land on which the facility was 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 if registered land). This Notice shall be incorporated either in full or by reference into all future deeds, and any other instrument of transfer, which conveys an interest in and/or a right to use the land on which 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 appropriate map or plan to be recorded therewith, signed by a qualified professional engineer or a land surveyor, depicting the boundaries of the filled area and the location of any and all leachate collection 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 monitoring requirements for the site and the amount and form of the financial assurance requirements pursuant to 310 CMR 19.000;

(e) reference to the Department file number or other Department means for identifying the landfill 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 purpose other than as a landfill without the approval of the Department of Environmental Protection. Transfer of the facility requires the transfer of the permit in accordance with 310 CMR 19.044. The procedure for Department approval for any use other than as a landfill is set forth at 310 CMR 19.143. Such Department approval of other use is transferable or assignable only upon approval of the Department."

310 CMR 19.141