As used in this chapter, the following terms shall have the
meanings indicated:
ENERGY-PRODUCING FACILITIES
Include facilities generated by water, coal, natural gas,
nuclear power, oil, petroleum and all other combustion-based energy-generating
facilities.
No place within the Town of Littleton shall be used, established,
maintained or operated by any person, persons, corporations, partnerships,
political subdivisions, 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 Littleton 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. The Board of Health may prohibit any facility as a
whole whenever, by any of the methods employed, it has become or may
become a nuisance, offensive or possibly injurious to the public health
or safety.
The applicant for such assignment shall submit detailed plans,
designs and a statement of the intended use, along with copies of
all filings and correspondence relative to the facility or use which
has been previously filed or will be filed with Department of Environmental
Quality Engineering or any other state or federal agency.
No energy-producing facility shall be constructed, built, operated
or maintained in the Town of Littleton without a site as assigned
above and without first obtaining from the Town of Littleton Board
of Health an operating permit for the right to construct, operate
and maintain an energy-producing facility. Persons or entities who
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 the Department of Environmental Quality Engineering and all other
state and 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 the finding that such use or operation or facility
will not pose a possible nuisance or be a danger to the public health
or safety. The applicant must certify that such plans or design and
the use of the facility shall be exactly what shall be constructed
and operated on the site. Any deviation in plans, design or use of
the facility during construction or operation shall require written
approval from the Board of Health.
Such assignments and permits shall be entered into the records
of the Town of Littleton.
Every person, including political subdivisions 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 danger to the public health.