Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 19.000 - Solid Waste Management
Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS
Section 19.032 - Permit Procedure for a New Facility or Expansion Permit Application

1. the facility or activity which is the subject of the draft decision;

2. the type and quantity of wastes which are to be handled;

3. the reasons for the terms and conditions set forth therein; and

4. the reasons why requested variances or alternatives to required standards are or are not proposed to be approved.

1. the beginning and ending dates of the comment period and the address where comments will be received;

2. any other procedures by which the public may participate in the process leading to a final permit decision; and

3. the name and telephone number of an individual to contact for additional information.

1. a draft decision on a facility permit application has been prepared; or

2. a public hearing on a draft decision has been scheduled. Public notice in this case shall be given at least 21 days prior to the hearing date.

1. By mailing notice to:

2. By publication, paid for by the applicant, in a daily or weekly newspaper of general circulation in the locality affected by the facility.

1. a description of the proposed facility including the type of facility, proposed tonnage, location and hours of operation;

2. the identity and mailing address of the applicant;

3. the public location where the application can be inspected; and

4. the time period for written comments on the application and the address to which comments should be mailed, and, if a public hearing is to be held, the public hearing information set forth at 310 CMR 19.032(5).

1. the applicant requests a public hearing;

2. the Commissioner determines that there is sufficient public interest in unresolved issues of concern; or

3. the Department prepares a modified draft decision with substantial revisions from the original draft decision as a result of comments received pursuant to 310 CMR 19.032(4). Copies of the modified draft decision shall be distributed in accordance with 310 CMR 19.032(2)(c).

1. the date, time, and place of the public hearing; and

2. the nature and purpose of the public hearing.

1. Hearing Officer. The Department shall designate a representative to conduct the public hearing. The Hearing Officer shall have authority to ensure an orderly presentation of issues, comments, data, and arguments, and to ensure an adequate and comprehensible record of the proceedings. The Hearing Officer may, at his or her discretion, without limitation of the foregoing:

2. Participation in the Hearing. Any person may attend and observe the public hearing. Any person wishing to offer oral comments may do so upon filing a written statement containing the name, address, and telephone number of an authorized representative to whom correspondence may be addressed for purposes of the hearing.

3. Authorized Representative. An individual may appear on his or her own behalf. A duly authorized officer or employee may represent a corporation; a duly authorized member may represent a partnership, joint venture or association; and an authorized trustee may represent a trust. Any person shall have the right to be accompanied, represented and advised by an authorized agent or attorney.

4. Conduct of Hearings. The hearings shall be as informal as may be reasonable and appropriate under the circumstances. The Hearing Officer shall ensure that the conduct of persons at the hearing will at all times be orderly.

5. Withdrawal of Request for Hearing. The applicant or any other person who requested a hearing may withdraw the request, or may elect to submit any comments or documents without a hearing, by filing with the Department a written withdrawal. If notice of a hearing has already been published pursuant to 310 CMR 19.032(3), such withdrawal shall be filed at least ten days prior to the scheduled hearing, and notice of the withdrawal shall be provided in the same manner specified in 310 CMR 19.032(3).

6. Recordings and Transcripts. The proceedings at the hearing shall be recorded either electronically or stenographically. Transcripts or electronic copies shall be supplied to any person, upon request, at his or her own expense. Any person, upon request, may order a stenographer to transcribe the proceedings or the Department's electronic recording at his or her own expense. In such event, a transcription shall be provided to the Department at no expense to the Department, and upon such other terms as the Hearing Officer shall order.

1. Appeal. Any person aggrieved by the final permit decision may file an appeal for judicial review of said decision in accordance with the provisions of M.G.L. c. 111, § 150A and c. 30A not later than 30 days following the date of issuance of the final permit decision to the applicant. The standing of a person to file an appeal and the procedures for filing such appeal shall be governed by the provisions of M.G.L. c. 30A. Unless the person requesting an appeal requests and is granted a stay of the terms and conditions of the final permit decision by a court of competent jurisdiction, the final permit decision shall be effective in accordance with 310 CMR 19.032(6)(b).

2. Notice of Action. Any aggrieved person intending to appeal a final permit decision to the Superior Court shall first provide notice of intention to commence such action. Said notices of intention shall include the Department file number and shall identify with particularity the issues and reason why it is believed the final permit decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Regional Director for the regional office which processed the permit application, if applicable, at least five days prior to the filing of an appeal.

3. No allegation shall be made in any judicial appeal of a final permit decision unless the matter complained of was raised at the appropriate point in the administrative review procedures established in 310 CMR 19.000, provided that a matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence to have been raised during such procedures or that matter sought to be raised is of critical importance to the environmental impact of the permitted activity.