. 310 CMR 4.04 defines the operation of review periods for
administrative completeness, technical, supplemental technical, and public
comment review periods.
1.
Administrative Completeness Review.
a.
General. An
initial administrative completeness review shall result in a determination of
administrative completeness or a statement of administrative deficiencies. The
Department may request additional information during the course of such
review.
b. Unless the number of
days to respond to the Department's statement of administrative deficiencies is
specified in
310
CMR 4.10, an M.G.L. c. 21E applicant may,
within 15 days, and all other applicants may, within 180 days, respond to the
Department's statement of administrative deficiencies by submitting any
additional material to support the application. Failure by the applicant to
submit such material within the specified time shall be deemed to be a
withdrawal of the application; provided, that in such circumstances the
applicant shall not be entitled to any refund of the permit application fee,
notwithstanding the provisions of 310 CMR 4.04(3)(d).
c.
Second Administrative
Completeness Review. If the Department has issued a statement of
administrative deficiencies, a second administrative completeness review shall
be conducted within the same number of days specified for the initial
administrative completeness review, beginning with receipt of materials
submitted by the applicant in response to the statement of administrative
deficiencies. The Department may request additional information during the
course of review. A second administrative completeness review shall result in a
determination of administrative completeness or a denial of the permit
application. A denial of the permit application shall be subject to appeal in
the manner specified in applicable statute or regulations, provided that in any
adjudicatory hearing the issues shall be limited to the question of whether or
not the information submitted was administratively complete. If the applicant
prevails in such a proceeding, the Department shall begin the next step of its
review pursuant to the schedule for timely action for that permit.
d.
Effect of
Determination. A determination of administrative completeness
shall not constitute any finding with respect to the technical suitability,
adequacy or accuracy of the materials provided, and shall be no bar to a
request to amend, revise, replace, or supplement such materials based on
technical suitability, adequacy or accuracy.
2.
Technical Review.
a. A technical review shall result:
i. in a decision to grant or deny the permit;
or
ii. where public comment is
provided, in a proposed decision to grant or deny the permit; or
iii. where the Department would on the basis
of the information in the record either deny the permit or impose conditions
significantly modifying or restricting operation of the project or activity as
proposed, in a statement identifying deficiencies in the application and
supporting materials. The Department's decision to issue a statement
identifying deficiencies shall not be deemed to give rise to any right to an
adjudicatory hearing.
b.
The Department may request additional information during the course of a
technical review.
c. If the
Department has issued a statement identifying deficiencies, a M.G.L. c. 21E
applicant may within 30 days and all other applicants may within 45 days of
issuance elect to proceed on the record as it stands at that time, by so
notifying the Department in writing. An applicant so electing to proceed on the
record may not in any manner amend, revise, replace, or supplement the
application or supporting materials. If the applicant so elects, the Department
shall issue a decision to grant or deny the permit, or a proposed decision to
grant or deny the permit for public comment, within 45 days of receipt of the
applicant's notice, subject to any adjustment in the schedule pursuant to 310
CMR 4.04(2)(d)2. or 3.a.
d. A
decision to grant or deny a permit following technical review shall be subject
to appeal in the manner specified in applicable statute or
regulations.
e. A provision for
presumptive approval or equivalent term set forth in a program regulation
underlying a fee permit category listed in
310
CMR 4.10 shall result in approval of the
permit application in the absence of a written deficiency statement or decision
within the time frame established for presumptive approval.
3.
Supplemental Technical
Review.
a. A supplemental
technical review shall result in a decision to grant or deny the permit, or,
where public comment is provided, in a proposed decision to grant or deny the
permit.
b. The Department may
request additional information during the course of a supplemental technical
review.
c. A decision to grant or
deny a permit following supplemental technical review shall be subject to
appeal in the manner specified in applicable statute or
regulations.
4.
Public Comment Review.
a. A public comment review shall result in a
decision to grant or deny the permit.
b. The Department may request additional
information during the course of such review.
c. A decision to grant or deny a permit
following public comment review shall be subject to appeal in the manner
specified in applicable statute or regulations.
d. For applications filed pursuant to M.G.L.
c. 21E, and 310 CMR 40.0000:
Massachusetts Contingency Plan, a
public comment period shall, if applicable, occur concurrently with the
technical review. A second public comment period shall, if applicable, occur at
either the end of the technical review or the supplemental technical review.
The applicant shall have an additional 30 days beyond the second public comment
period to respond, if significant comments are received.