[Adopted 10-11-1988]
Pursuant to MGL c. 111, § 31, these regulations are
adopted in the interest of protection and promotion of public health
in the Town of South Hadley. Such energy-producing plants now include
energy generated by water, coal, natural gas, nuclear power, oil,
petroleum, and all other combustion-based energy-generating facilities.
No place within the Town of South Hadley shall be used, established,
maintained or operated by any person, persons, corporations, partnerships,
political subdivision, agency, or any other entity, as a site for
such facility, until such location or site has been assigned by the
Board of Health of the Town of South Hadley for such use in accordance
with MGL c. 111, § 143. The assignment of a place as a site
for such a facility shall be subject to such limitations with respect
to the extent, character and nature of the facility, thereof, as may
be necessary to protect public health.
No energy-producing facility shall be constructed, built, operated,
or maintained in the Town of South Hadley without a site assigned
above, and without first obtaining from the Town of South Hadley Board
of Health an operating permit for the right to construct, operate
and or maintain an energy-producing facility. Persons or entities
who or which wish to secure or hold such a permit from the Board of
Health must, from the time of filing, submit copies of all filings
and correspondence with DEQE and other state or federal agencies or
boards relative to the facility to the Board of Health. A facility
shall not be constructed or operated unless a permit is obtained from
the Board of Health and plans or designs, along with a written statement
of use, have been approved by the Board of Health. The Board of Health
may issue the permit and approve the plans and use upon a finding
that such use or operation or facility will not pose a possible nuisance
or may be a danger to the public health or safety. No permit will
be granted before a public hearing on the request for a site assignment
has been held.
The applicant must certify that such plans or designs and the
use of the facility shall be exactly what shall be constructed and
operated on the site. Any deviations in plans, design or use of the
facility during construction or operation shall require written approval
by the Board of Health. Such assignments and permits shall be entered
into the records of the Town. Every person, including every political
subdivision of the commonwealth maintaining or operating a facility,
shall maintain and operate the same in a manner as will protect the
public health, and prevent a nuisance or a danger to the public health.
The Board of Health may revoke such permit upon a finding that
the continued operation of the facility may pose a nuisance or danger
to public health and safety.
If such facility is owned and operated by any entity other than
a city or agency of the commonwealth, such entity shall pay a fee
of $500. Said permit shall expire on December 31 of each year.
The Board of Health shall adopt and may from time to time amend
rules and regulations for such facilities as it deems necessary.
