Energy Facility Siting – Littleton



Pursuant to M.G.L. Chapter 111, section 31 and section 143, at a regular meeting of the Littleton Board of Health on July 3, 1989, the Board voted unanimously to adopt Board of Health regulations governing energy producing facilities. The regulation reads as follows:

Energy producing facilities include facilities generated by water, coal, natural gas, nuclear power, oil, petroleum, and all other combustion-based energy generating facilities.

No place within the Town of Littleton shall be used, established, maintained or operated by any person, persons, corporations, partnerships, political subdivisions, 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 Littleton in accordance with M.G.L. Chapter 111, section 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. The Board of Health may prohibit any facility as a whole whenever by any of the methods employed it has become or may become a nuisance, offensive, or possibly injurious to the public health or safety. The applicant for such assignment shall submit detailed plans, designs, 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 or will be filed with DEP or any other state or federal agency.

No energy producing facility shall be constructed, built, operated or maintained in the Town of Littleton without a site as assigned above, and without first obtaining from the Town of Littleton 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 the time of filing, submit copies of all filings and correspondence with the DEP 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 finding that such use or operation or facility will not pose a possible nuisance or may 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 Littleton. Every person, including political subdivision 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 he public health.

The Board of Health may revoke such permit upon a finding that the continued operacion of the facility may pose a nuisance or danger to public health or 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 $500.00 for such permit and shall renew such permit yearly, and pay a fee of $500.00 for renewal. Said permit shall expire on December 31st of each year.

All facilities of this nature currently operating within the Town of Littleton are exempt from site assignment and permits. Expansions or additions of 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 they deem necessary.

Effective upon publication.


Littleton Board of Health


Ellen C. Bell, M.D., Chairperson

Peter M. Cassinari, Member

W. Harrison Swift, Member