The MassDEP Noise Policy requires some applicants for preconstruction approval of a new source of air pollution to demonstrate that their project will not increase the sound level by more than ten decibels above existing levels at the property line and at the nearest residence. MassDEP requires some applicants to go beyond compliance with the Policy, requiring a determination of the sound mitigation measures that deliver the lowest sound level increase above background that is technologically and economically feasible.
The methodology or criteria used to make such a determination is unclear, however, leaving applicants without cost or design certainty regarding the necessary sound mitigation. This EBC program will explore how the noise policy is being interpreted and implemented, its legal enforceability within local jurisdictions, how its implementation impacts project planning and facility operations, and the technical challenges associated with demonstrating compliance with the policy.
Daniel J. Bailey, a Pierce Atwood partner with more than 25 years of experience in environmental, land use, real estate, and municipal law, will present, “MassDEP and Municipal Legal Authority to Regulated Noise.” Please visit EBC for more information and registration instructions.