[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:
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]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(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]
[2]
Editor's Note: Appendix A is included at the end of this chapter.
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:
(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:
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:
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:
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.
