990 CMR, § 10.03

Current through Register 1533, October 25, 2024
Section 10.03 - Final Project Impact Report
(1)Preparation. Upon the execution of a siting agreement pursuant to 990 CMR 11.00 or the establishment by arbitration of a siting agreement pursuant to 990 CMR 13.00, the developer shall prepare a Final Project Impact Report, which shall be comprised of the following:
(a) a Final Environmental Impact Report, pursuant to 301 CMR 10.00; and
(b) a Final SEA, pursuant to 990 CMR 10.00.
(2)Content of Final SEA. The final SEA shall include the following:
(a) the draft SEA,
(b) copies of comments received on the Draft SEA,
(c) response of the developer to such comments,
(d) copy of the siting agreement, and
(e) any information, comments and facility redesign data resulting from negotiations preceding the execution or establishment of the siting agreement.
(3)Distribution and Notice. Distribution and notice of the final SEA shall be that prescribed for the PPIR.
(4)Public Comment. There shall be a review period of 30 days for public comment on the Final SEA. Public comments on the Final SEA shall be limited to the issues raised during review of the Draft SEA and responses thereto, or to matters presented for the first time in the final SEA.
(5)Council Review. Following the close ofthe public comment period, the Council shall make one of the following determinations:
(a) that the Final SEA, in its judgment, adequately presents the information to be provided pursuant to 990 CMR 10.03(2); or
(b) that the Final SEA is not adequate in this respect, in which case the Council shall include a statement of the reasons for its finding and shall specify those additions or modifications which are necessary to produce a Final SEA which is adequate. The Council shall, in its statement, specify the means and timing of review of the required revisions to the Final SEA.
(6)Announcement of Adequacy of Final SEA. When the Council determines that the Final SEA is adequate, it shall so notify the fo llowing:
(a) The developer,
(b) The appropriate local assessment committees, and
(c) The chief executive officers of host and abutting communities.

990 CMR, § 10.03