Senate bill 228
2–401.1. 1
Download Massachusetts Senate Bill 228.
The department may not issue a permit to construct an incinerator unless the incinerator:
(1) is or would be located in an area that is zoned for heavy industrial activity; and
(ii) at least 3 miles from the property boundary line of any residential dwelling, church, school, park, or hospital; and meets the zoning requirements of the local jurisdiction in which the incinerator is or would be located.
A local jurisdiction may not issue a building permit for an incinerator unless the incinerator meets the requirements set forth in subsection (a) of this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any incinerator in existence for which all necessary permits for construction, modification, operation, or use have been issued before the effective date of this Act. If the construction, modification, operation, or use of an incinerator is allowed to continue in accordance with this section:
(1) the use may not be expanded; and
(2) if abandoned, the use may not be resumed.
SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation or contract right may not be impaired AND BE IT FURTHER ENACTED, That this Act shall take effect 25 October 1, 2010.
gainesvilleflorida
This appears to be based on a Delaware law in effect since 2000. Some background is at http://greendel.org/?p=9482.
Right now, biomass promoters are trying to get a ruling from Delaware’s Attorney General that a biomass burner is not an incinerator because wood chips, etc, are “fuel” not “waste.”
Thanks for the link to the additional information Alan. At least we have two states in the U.S. I’m aware of that have exhibited common sense and a true desire to protect their citizens. It would be nice to see Florida’s politicians take notice – especially since a 620MW natural gas fired power plant in Connecticut just exploded this morning and caused mass casualties. According to CNN ["the Plant was under construction and was in "testing phase" ].
We are about to be experimented on by the Biomass Industry again in Gretna, Florida where we will be another “Test Case” for Biomass – the most disturbing part of that is an elementary school and a women’s prison are the Biomass Incinerator’s closest neighbors – unbelievable, but completely legal here in the Great State of Florida.
While the plant explosion in Connecticut is not a biomass facility, the tragedy underscores the necessity to enact and enforce proper separation of industry from other land uses in a responsible and well planned manner.