Section 43.29 - General Land Use(1)Exclusion Criteria.(a)Incompatible Nearby Activities. Exclude sites where the probable location of the waste management area in relation to nearby activities is reasonably likely to adversely affect the ability of the site to meet DPH performance objectives.(b)Interference with Monitoring. Exclude sites where the probable location of the waste management area in relation to nearby past or present activities is reasonably likely to significantly impair the environmental monitoring program including, without limitation, existing or past activities or natural sources that emit radioactivity or release non- radioactive material into the environment to the extent that it is reasonably likely to adversely affect the ability of the environmental monitoring program to detect or monitor the existence or magnitude of emissions or releases from the facility or the site.(c)Agricultural Land. Exclude sites located on prime agricultural land based on soil classification established by the U.S. Soil Conservation Services or on land designated as an agricultural incentive area pursuant to M.G.L. c. 40L,§ 1 et seq. on or before December 31,1992.(d)Acquisition Potential. Exclude sites to which the Commonwealth cannot obtain title.(2)Conditional Consideration Criteria. Resource Exploitation. Consider sites which contain economically recoverable resources on the condition that the exploitation is reasonably likely not to adversely affect the ability of the site to meet DPH performance standards or significantly impair the environmental monitoring program.
(3)Preference Criteria.(a)Incompatible Development. Prefer sites located farther away from areas where incompatible development is imminent, over sites in close proximity to areas subject to imminent development.(b)Upstream Land Alterations. Prefer sites located in areas having less upstream land available for future development, over areas having more land upstream of the site which is suitable for development.(c)Subsurface Exploitation. Prefer sites that contain areas which have undergone lesser subsurface resource exploitation, over sites which contain areas subjected to greater subsurface resource exploitation.(d)Resource Exploitation. Prefer sites with less economically recoverable resource potential, over sites with greater resource exploitation potential.(e)Local Planning and Zoning. Prefer sites at which a facility would be more compatible with existing local zoning restrictions or local or regional plans, over sites at which a facility would be less compatible with such restrictions or plans.(f)State Land. Prefer land owned by the Commonwealth that has not been excluded from consideration by other criteria, over land owned by other public or private parties.