(1)
Overview. The
intent of 974 CMR
4.02 is to preclude or significantly mitigate conditions that
could cause nuisance impacts to area residents and businesses or other users
within the Devens Enterprise Zone (DEZ).
While it is the intent of 974 CMR 4.02 to provide a local
complaint mechanism in regard to air quality, odors and emissions, it is also
recognized that many businesses at Devens will be required to obtain a
Massachusetts Department of Environmental Protection (MADEP) air quality
permit, due to the pre-emptive or higher jurisdictional structure of the
Commonwealth, when something is explicitly regulated. This is also in
acknowledgment of the stringency of Massachusetts air quality laws and
regulations (
310 CMR 6.00 through
8.00 ). It is anticipated that
this circumstance will preclude many potential difficulties in this area of
impact. For more detail, refer to 974 CMR 4.02(2).
For the preceding reasons, there shall be two distinct courses
of action for the DEC to follow, in regard to addressing complaints in this
area of impact and enforcing resolution of them:
(a)
Case One --
Where a MADEP air quality permit has been issued.
(b)
Case Two --
Where a MADEP air quality permit has not been issued.
(2)
Complaint & Enforcement
Process.
(a) In cases where a
MADEP permit has already been issued and a complaint filed against that user,
the process shall be as follows. The Building Inspector or other duly
authorized DEC official shall investigate the complaint and determine that the
possible violator does possess a MADEP permit. When this fact has been
ascertained, the inspection official shall then determine, to the best of his
or her knowledge, and in consultation with MADEP, if the potential violator is
in likely violation of the MADEP permit and shall then inform MADEP of the
likely violation. Once this process has occurred, MADEP enforcement shall be
sought by the DEC inspection official.
(b) In cases where a MADEP permit has not
been issued previously, the DEC inspection official shall respond to the
complaint and investigate the validity of the alleged nuisance being attributed
to the potential violator. Then, the DEC inspection official shall determine,
to the best of his or her knowledge, and in consultation with MADEP, if a state
permit is required and shall refer the case to the Commonwealth in such
instances. If it is determined that a MADEP permit is
not required, or if one is needed but not yet
obtained, then appropriate mitigation measures may then be established at the
local DEC level, as a means of controlling nuisance conditions.
(c) In instances where a MADEP permit is not
involved and mitigations will be established by DEC officials, the process
shall be as follows. Potential violators will be given 30 days in which to
respond to a complaint or otherwise provide reasonable confirmation to the DEC
inspection official, that the problem did not exist or has been eliminated. If
probable cause is determined, a second 30 day time period will be granted in
which to correct the interference or to demonstrate that good faith efforts
have been initiated to correct the objectionable circumstances. If such efforts
are not initiated, the violator may be subject to remedies in the Devens Zoning
By-Laws, including levying or fines, requirements to post performance
guarantees, permit reconsideration by the DEC or legal action. Emergency
nuisance conditions may, at the discretion of the DEC inspection official,
require more expeditious remediation.
(3)
Air Quality
Standards. No party owning, leasing or otherwise controlling a
potential source of air emissions within the Devens Enterprise Zone (DEZ) may
at any time exceed the air quality, odor, and emissions standards established
in
310 CMR 6.00 through
8.00 (Department of
Environmental Protection (MADEP)). Specifically, the DEC shall have the
authority to review any use, person or activity operating within the DEZ with
regard to the following concerns:
(a) Visible
Emissions
(b) Open
Burning
(c) Dust, Odor,
Construction, and Demolition
(4)
Internal
Impacts. No party owning, leasing or otherwise controlling a
potential source of odor within the Devens Enterprise Zone (DEZ), shall permit
emissions therefrom which cause or contribute to a condition of air pollution
within DEZ.
(5)
External Impacts. No party owning, leasing or
otherwise controlling a potential source of odor within the Devens Enterprise
Zone (DEZ), shall permit emissions therefrom which cause or contribute to a
condition of air pollution beyond the perimeter boundary of DEZ.