[Adopted 12-20-2011 (Title 7, Ch. 7.80, of the 1986 Code)]
The Springfield Public Health Council hereby establishes a fee structure for site assignments ordered pursuant to MGL c. 111 § 143. All parties submitting applications to the Springfield Public Health Council for site assignment shall comply with this chapter.
A. 
General. The application fee is a fee which is paid by an applicant to the Springfield Public Health Council. The Springfield Public Health Council may use the fee for eligible costs of reviewing technical data, obtaining technical assistance and conducting a public hearing. The application fee shall be assessed as two separate fees:
(1) 
Technical fee; and
(2) 
Public hearing fee.
B. 
Excess fees. The Springfield Public Health Council shall return to the applicant any of the application fee in excess of the actual expenditures for allowable costs following the completion of the site assignment process.
C. 
Alternative systems. The Springfield Public Health Council may establish, in lieu of part or all of these regulations, another system for the assessment and payment of an application fee, provided such system is agreed to by the applicant.
D. 
Nothing in this regulation creates or modifies any rights of the Springfield Public Health Council relative to the assessment or collection of fees under applicable statutes, bylaws, or ordinances governing municipal finance.
A. 
General. The technical fee may be used by the Springfield Public Health Council to cover the cost of conducting a review of technical data and/or to cover a portion of the cost of other technical assistance.
B. 
Assessment of fee.
(1) 
Assessment. The Springfield Public Health Council, upon the receipt of an application, may assess by a written notice to the applicant a technical fee for said application, not to exceed the maximum amount set forth in Appendix A of these regulations.[1]
(2) 
Form of payment. The Springfield Public Health Council shall prescribe the amount of the fee and the manner of payment in writing to the applicant within 10 days of the filing of the application in accordance with the site assignment order.
(3) 
Payment. The applicant shall pay the technical fee in the amount and manner prescribed by the Springfield Public Health Council.
(4) 
Waiver. The Springfield Public Health Council may waive all or a portion of the technical fee. Any such waiver shall be made in writing to the applicant.
(5) 
Absence of assessment or waiver. In the absence of an assessment or waiver of the technical fee by the Springfield Public Health Council in accordance with Subsection B(1), (2) or (4) of this section, of these regulations, the applicant may satisfy the technical fee payment requirements by making a payment in the form of a certified or bank check or money order, in an amount equal to the maximum technical fee for the appropriate facility as specified in the Appendix A of these regulations.[2]
C. 
Technical review.
(1) 
General. The technical fee may be expended for 100% of the allowable cost of reviewing technical data submitted to the Springfield Public Health Council.
(2) 
Allowable costs. Allowable costs for technical review include the cost of hiring consultants and related technical experts to assist the Springfield Public Health Council in reviewing the application, any Massachusetts Department of Environmental Protection reports on the permitting of the facility, the Department of Public Health's report and comments, public comments and any subsequent amendments or additions to the application.
(3) 
Allowable tasks. Allowable tasks for the consultants and related technical experts include:
(a) 
Determining the completeness and accuracy of data in the application;
(b) 
Determining whether the correct analytical techniques were used, whether valid data were obtained, and whether the data support the proposed conclusions;
(c) 
Determining what other data should be obtained, the means to obtain it and its potential significance;
(d) 
Examining municipal, state, and other relevant records and consulting with municipal and/or state staff;
(e) 
Visiting the site to make a visual inspection;
(f) 
Preparing and submitting comments to the Springfield Public Health Council on technical issues relating to the site and the site suitability criteria;
(g) 
Reviewing any Massachusetts Department of Environmental Protection reports on the permitting of the facility and other data submitted prior to and during the hearing; and
(h) 
Preparing a written report of comments and determinations.
(4) 
Excluded costs. Allowable costs for technical review shall not include the cost of conducting site, environmental or population sampling and analyses, otherwise generating new data, or performing independent analyses of environmental health impacts. These costs may qualify as allowable costs for technical assistance in accordance with Subsection D(2) of this section.
D. 
Technical assistance.
(1) 
General. The technical fee may cover the cost of providing expert legal, scientific or engineering assistance to the Springfield Public Health Council to assure that all points of view are adequately presented and evaluated at the public hearing.
(2) 
Allowable costs. Allowable costs for technical assistance include the cost of hiring consultants, technical experts or legal counsel. Allowable types of technical assistance include:
(a) 
Legal counsel to represent the Springfield Public Health Council in preparation for and at the hearing and to examine witnesses at the hearing and in preparation of a decision for its consideration;
(b) 
Scientific and/or engineering experts to assist the Council in preparation for a hearing, including but not limited to developing evidence, questioning witnesses and/or testifying at the hearing, and advising the Council on technical issues; and
(c) 
Photographic or graphic expertise.
E. 
Extraordinary expenses.
(1) 
Assessment. After commencement of the public hearing, pursuant to the requirements of an order for site assignment, the Springfield Public Health Council may assess, in writing, an additional technical fee payment when the following conditions are satisfied:
(a) 
The evidence proposed to be obtained by the expenditure of the fee is likely to be critical to the determination of site suitability; and
(b) 
The applicant has failed to provide such evidence upon request by the hearing officer; and
(c) 
The evidence cannot be acquired without the expenditure by the Springfield Public Health Council of funds in excess of the technical fee; and
(d) 
The evidence did not exist or was not reasonably discoverable through due diligence by the Springfield Public Health Council prior to the request; or
(e) 
The evidence is based on new scientific or technical standards or criteria which were previously unavailable.
(2) 
Payment or appeal. The applicant, upon receipt of the written request, may:
(a) 
Within three days appeal to the hearing officer for a determination as to the appropriateness and reasonableness of the fee assessment; or
(b) 
Make the appropriate payment as prescribed by the Springfield Public Health Council within 10 days.
(3) 
Hearing officer's decision on appeals.
(a) 
Standard of decision. The hearing officer shall determine that an extraordinary expense request is reasonable only if she or he finds that the conditions in Subsection E(1) of this section are satisfied.
(b) 
Decision by the hearing officer. The hearing officer shall issue a written determination to the applicant and the Springfield Public Health Council. When the hearing officer determines the assessment is reasonable, the applicant shall make the appropriate payment as directed by the Springfield Public Health Council within six days. When the hearing officer determines the assessment is not reasonable the applicant shall not be required to make the payment.
(4) 
Nonpayment. The Springfield Public Health Council may withhold final disposition of the site assignment application until the applicant submits the payment or issue a determination based on the available information.
A. 
General. The Springfield Public Health Council may use the public hearing fee to cover the cost of conducting a public hearing that meets the requirements of the order for site assignment.
B. 
Assessment and payment of the public hearing fee. The Springfield Public Health Council, upon a vote of the Springfield Public Health Council to conduct a hearing, may assess a public hearing fee.
(1) 
Initial public hearing fee assessment.
(a) 
Assessment. The Springfield Public Health Council shall prescribe to the applicant in writing the amount and manner of payment of the initial public hearing fee assessment.
(b) 
Payment. The applicant shall pay the initial public hearing fee assessment as prescribed by the Springfield Public Health Council within 15 days of receipt of the written request from the board.
(2) 
Additional public hearing fee assessments.
(a) 
General. In the event that the initial public hearing fee assessment is insufficient to cover the allowable costs described in (3)(d)[1] of these regulations, the Springfield Public Health Council may require additional public hearing fee payments.
[1]
Editor's Note: So in original. For similar provisions, see 310 CMR 16.30(3)(b) and the allowable costs set forth in 310 CMR 16.30(3)(d).
(b) 
Assessment. The Springfield Public Health Council shall prescribe to the applicant, in writing, the amount and manner of payment of the additional public hearing fee assessment.
(c) 
Payment. The applicant shall pay the additional assessment within six days of receipt of the written request from the Springfield Public Health Council.
(3) 
Fee waiver. The Springfield Public Health Council may waive all or a portion of the public hearing fee.
C. 
Nonpayment of fees.
(1) 
Suspension of hearings. In the event that any fee assessment is not paid as required, the Springfield Public Health Council may suspend the public hearing or, in the case of the initial payment, delay the opening of the public hearing.
(2) 
Resumption of hearings. Any hearing delayed or suspended because of nonpayment of fees shall be commenced or resumed within seven days of receipt of payment or resolution of a fee dispute in accordance with § 175-29 of this article.
(3) 
Exception. When the applicant is the municipality itself or an agency thereof, the public hearing shall not be delayed or suspended because of nonpayment of any public hearing fee assessment.
A. 
General. All expenditures of the application fee shall be reasonable. The amount paid for any service shall not exceed the usual and customary amount for such service.
B. 
Recordkeeping. The Springfield Public Health Council shall make and retain or require all persons paid from the application fee to make and retain written records which set forth:
(1) 
A description of each of the services performed and work products developed; and
(2) 
The amount expended for each such service or work product.
C. 
Production of records. The Springfield Public Health Council, upon written request from the applicant or the hearing officer, shall provide or cause its contractor to provide, within a reasonable time, not to exceed 14 days, a copy of said records.
D. 
Cessation of expenditures. The Springfield Public Health Council shall not spend any additional amount of the application fee and shall make reasonable efforts to halt all work on any activities that would be covered by the application fee, when the Springfield Public Health Council receives either:
(1) 
A DEP report on suitability that finds a site not suitable; or
(2) 
A notice from the applicant withdrawing the application from consideration.
A. 
Request for reimbursement. After a final decision on the application or upon the withdrawal of an application, the applicant may submit a written request to the Springfield Public Health Council to provide a final accounting of all funds expended or owed from the application fee and to return all unexpended and uncommitted funds. For the purpose of these regulations, a final decision shall be either:
(1) 
The DEP report on suitability finding a site to be not suitable; or
(2) 
A determination by the Springfield Public Health Council to assign a site or to refuse to assign a site after a public hearing.
B. 
Accounting. The Springfield Public Health Council shall provide a full accounting of all expenditures within 45 days of receipt of the request.
C. 
Reimbursement. The Springfield Public Health Council shall return the unencumbered funds within a reasonable time period.
A. 
The Springfield Public Health Council shall expend and, if applicable, reimburse to the applicant all fees in accordance with the requirements of the site assignment order.
B. 
Any claims by the applicant against the Springfield Public Health Council for improper disposition of fees shall be adjudicated in a court of competent jurisdiction or, if mutually agreed upon by the parties, by arbitration or mediation.