[HISTORY: Adopted by the Board of Health of the Town of Littleton 7-3-1989. Amendments noted where applicable.]
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.