[HISTORY: Adopted by the Board of Health of the Town of Groton 5-24-1989. Amendments noted where applicable.]
The Board of Health of Groton, acting under the authority of the General Laws of Massachusetts and amendments and additions thereto and by any other power thereto enabling and acting thereunder and in accordance therewith, has, in the interest of and for the preservation of the public health, duly made and adopted the following rules and regulations governing energy-producing facilities.
Such commercial/industrial energy-producing plants now include facilities generated by water, coal, natural gas, nuclear power, oil, petroleum and other combustion-based energy-generating facilities.
No place within the Town of Groton 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 Groton 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 and safety. The application for such assignment shall be required to submit detail plans or design 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 with the 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 Groton without a site, as assigned above, and without first obtaining from the Town of Groton 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 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 findings that such use or operation or facility will not pose a possible nuisance nor 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 Groton.
Every person, including political subdivision agencies 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.
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 the public health and safety.
If such a 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 for such permit and shall renew such permit yearly and pay a fee of $500 for renewal. Said permit shall expire on December 31 of each year.
All facilities of this nature currently operating within the Town of Groton are exempt from site assignment and permits. Expansions of or additions to existing facilities will be subject to these regulations.
The Board of Health shall adopt and may from time to time amend rules and regulations for such facilities as it deems necessary.