[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.
