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ACEC
Area of Critical Environmental Concern
- an area so designated by the Secretary pursuant to 301 CMR 12.00.
Action
A project undertaken by a state agency,
the granting of a permit by a state agency, or the granting of financial
assistance by a state agency, or the transfer of land by a state agency.
Agency
(a) Any agency, department, board, commission,
or authority of the Commonwealth.
(b) Agency shall not be considered to include
a Federal, municipal, r regional agency, department,
board, commission
or authority, unless it is:
1. a municipal
redevelopment agency created or acting in accordance with M.G.L. c. 121A
or c. 121B; or
2. any other
authority of any political subdivision of the Commonwealth that is created
or acting specifically as
an authority in accordance with applicable statutes.
Agency Action
(a) In the case of a Project undertaken
by an Agency, any formal and final authorization, appropriation, execution
of a
contract or other
decision by the Agency to proceed to Commencement of a Project.
(b) In the case of a Project undertaken
by a Person, any formal and final action taken by an Agency in accordance
with
applicable statutes
and regulations that grants a Permit, provides Financial Assistance, or
closes a Land Transfer.
(c) Agency Action is not final if the Permit,
contract or other relevant document approving or allowing the Agency Action
contains terms such
as a condition or restriction that provides that such Agency Action shall
be deemed not to have taken
place unless and until
the Secretary has determined that:
1. no EIR is required;
or
2. a single or
final EIR is adequate and 60 Days have elapsed following publication of
notice of the availability of the
single or final EIR in the Environmental Monitor in accordance with 301
CMR 11.15(2), provided that the Agency shall
reconsider and confirm or modify the Agency Action and any conditions thereof
following completion of MEPA review.
(d) Agency Action is final even if subject
to subse-quent judicial or administrative appeal.
Archaeological Site
Any location of a significant event, prehistoric
or historic occupation or activity, or building or structure, whether standing,
ruined, or vanished, where the location itself maintains historical or archaeological
value regardless of the value of any existing building or structure.
Capacity
(a) Design capacity, i.e., the maximum
capacity for which a facility or system is designed and at which a facility
or system can operate, regardless of statutory, regulatory, contractual
or other conditions or restrictions.
(b) Daily Capacity shall be considered
maximum Capacity on any given Day of operation and not an annual average.
Commencement of Construction
(a) Initiation of on-site physical or construction
work or activity.
(b) Research, design, or other work or
activity necessary to evaluate a Project for purposes of MEPA and 301 CMR
11.00 and other environmental statutes or regulations shall not be considered
Commencement of Construction.
Commencement of a Project
(a) The earliest of:
1. initiation
of the operational phase of the Project;
2. Commencement
of Construction; or
3. initiation
of any preparatory phase of the Project, including any action or expenditure
of funds on the financing,
marketing, or development of the Project.
(b) Research, design, or other work or
activity necessary to evaluate a Project for purposes of MEPA and 301 CMR
11.00 and other environmental statutes or regulations shall not be considered
Commencement of a Project.
Damage to the Environment
Any destruction or impairment (not including
insignificant damage or impairment), actual or probable, to any of the natural
resources of the Commonwealth including, but not limited to, air pollution,
water pollution, improper sewage disposal, pesticide pollution, excessive
noise, improper operation of dumping grounds, impairment and eutrophication
of rivers, streams, flood plains, lakes, ponds or other surface or subsurface
water resources, destruction of seashores, dunes, marine resources, underwater
archaeological resources, wetlands, open spaces, natural areas, parks, or
historic districts or sites.
Day
(a) Calendar day.
(b) If the deadline for the Secretary to
issue a certificate, determination,or other document, or for an Agency to
take Agency Action, or for any Agency or Person to file comments, notices,
or review documents in accordance with MEPA and 301 CMR 11.00 falls on a
Saturday, Sunday or legal holiday,the deadline shall be considered to fall
on the next business day.
EIR
Environmental Impact Report.
Environmental Monitor
The Environmental Monitor provides public
notice of filings of the submission of Environmental Notification Forms
(ENF), Environmental Impact Reports (EIR), and Notices of Project Change
(NPC), the comment deadlines for those documents, the date and substance
of the Secretary's decisions, and other useful information. The Monitor
is published twice a month; deadlines for submission are the fifteenth and
the last day of each month. In the event the deadline falls on a Saturday,
Sunday or Holiday, the new submission date becomes the following business
day. The date of publication of the Monitor determines deadlines for public
comment and action by the Secretary. The Monitor is sent, free of charge,
to all persons who request a subscription in writing from the MEPA Office.
ENF
Environmental Notification Form.
Expansion
Any material increase in Capacity, demand
on infrastructure, or physical dimensions of a Project or frequency of activity
associated with the Project.
Financial Assistance
(a) Any direct or indirect financial aid
to any Person provided by any Agency including, but not limited to, mortgage
assistance, special taxing arrangements, grants, issuance of bonds, loans,
loan guarantees, debt or equity assistance, and the allocation of Commonwealth
or Federal funds.
(b) Financial Assistance shall not be considered
to include:
1. the grant of
aid for medical services or personal support, such as welfare or unemployment
funds, to an individual or third party on behalf of an individual;
2. pass-through
of Federal funds or issuance of bonds solely on behalf of a local economic
development or financing agency, without allocation by an Agency; or
3. routine staff
assistance.
Historic Structure or District
Any historic property, landmark, building,
structure, or district that is significant to the history or prehistory
of the Commonwealth, its counties, or municipalities.
Land Transfer
(a) The execution and delivery by an Agency
of any deed, lease, license or other document that transfers real property
or an interest in real property.
(b) For purposes of review thresholds,
Land Transfer shall not be considered to include the execution and delivery
of a deed, lease or license to continue a preexisting lawful use on a Project
site, or amendments or extensions thereof.
MEPA
The Massachusetts Environmental Policy
Act, M.G.L. c. 30, sections 61 through 62H, inclusive.
MEPA Office
The MEPA Office is the staff of the Secretary
of Environmental Affairs responsible for daily implementation and administration
of the MEPA review process. The staff, headed by the Assistant Secretary
for Environmental Impact Review (also known as the MEPA Director), consists
of environmental analysts and administrative support persons. The MEPA Office
reviews Environmental Notification Forms (ENF) and Environmental Impact
Reports (EIR); makes recommendations to the Secretary regarding the need
for EIR and the adequacy of EIR; assists project proponents, agencies, and
the public with questions; interprets the MEPA regulations; and publishes
the Environmental Monitor.
New
Any work or activity that is not:
(a) existing;
(b) being carried out currently
as part of, used by, or generated by a previous, actual or permitted use
of the Project site; or
(c) being carried out within three
years since the later of discontinuance of the previous use or issuance
of the relevant Permit.
Participating Agency
Any Agency to which the Proponent has made
or will make an application for a Permit, Financial Assistance, or a Land
Transfer.
Permit
(a) Any permit, license, certificate, variance,
approval, or other entitlement for use, granted by an Agency for or by reason
of a Project.
(b) Permit shall be considered to include
an entitlement for use granted by an Agency in accordance with delegated
authority in accordance with Federal environmental statutes or regulations
(including certification of compliance with the statutes and regulations).
(c) Permit shall not be considered to include
a general entitlement to a Person to carry on a trade or profession, or
to operate mechanical equipment which does not depend upon the location
of such trade or operation.
(d) For purposes of review thresholds,
Permit shall not be considered to include:
1. a consent
order or agreement to the extent it addresses noncompliance with applicable
statutes and regulations and does not allow or approve a New Project or
an Expansion of a Project;
2. a general
or programmatic permit, license, certificate, variance or approval applying
to a category of Projects rather than to each individual Project;
3. a permit,
license, certificate, variance or approval by rule or by self-certification
of compliance; and
4. a permit,
license, certificate, variance, or approval to continue a preexisting lawful
use on a Project site, or amendments or extensions thereof.
Person
Any individual, corporation, partnership,
trust, association, or other business or non-profit organization, or any
Federal, municipal, or regional governmental, intergovernmental or other
entity that is not an gency.
Project
Any work or activity that is undertaken
by:
(a) an Agency; or
(b) a Person and requires a Permit
or involves Financial Assistance or a Land Transfer.
Proponent
Any Agency or Person, including a designee
or successor in interest, that undertakes, or has a significant role in
undertaking, a Project.
Replacement Project
Any Project to repair, replace, or reconstruct
a previous use of or Project on a Project site that does not:
(a) increase potential environmental impacts
or need additional or changed environmental Permits; or
(b) result in any substantial (10% or more)
Expansion of the use or Project, provided that the previous use or Project
has not been discontinued for more than three years and that the Expansion
does not meet or exceed any review thresholds.
Routine Maintenance
Any maintenance work or activity carried
out on a regular or periodic basis in a manner that has no potential for
Damage to the Environment or for which performance standards have been developed
that avoid, minimize, or mitigate potential environmental impacts to the
maximum extent practicable.
Scope
The written certificate issued by the Secretary
in accordance with 301 CMR 11.06(7) that specifies the form, content, level
of detail, and alternatives required for an EIR.
Secretary
The Secretary of Environmental Affairs.
Section 61 Findings
The determinations and findings that an
Agency shall make in accordance with M.G.L. c. 30, section 61 and 301 CMR
11.12(5) prior to or when taking Agency Action on a Project for which the
Secretary required an EIR.
Updated March 3, 2004