225 C.M.R. 29.12 – Common Conditions and Requirements for Constructive Approval.

(1) Applicability. 225 CMR 29.12 applies to Consolidated Local Permit Applications which result in Constructive Approval.
(2) In the case that a Consolidated Local Permit Application meets the criteria to receive Constructive Approval, conditions and requirements as specified in the Department’s Guideline on Common Conditions shall exclusively apply to the resulting Consolidated Local Permit. Those conditions and requirements shall include but not be limited to: Administrative and legal conditions and requirements addressing compliance, site inspections, changes in ownership, timelines, and project alterations; Conditions and requirements for construction addressing visual impact, vegetation, earthwork, working hours, chemicals and hazardous materials, and lighting at the site; Conditions and requirements for operation and maintenance addressing facility access stormwater control, emergency response, storage of hazardous materials, and general facility operations; Conditions and requirements for addressing decommissioning including determination of inoperability, performance bonds, material disposal, recycling, insurance, financial surety, and abandonment of Small Clean Energy Infrastructure Facilities and any related equipment; and The requirement that Small Clean Energy Infrastructure Facilities meet the Performance Standards at 310 CMR 10.00: Wetlands Protection, including review under 310 CMR 10.00.