Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0062 - Procedures for Applying for a Special Project Designation Permit

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0062

Current through Register 1531, September 27, 2024

(1) Contents of Application. Each application filed with the Department shall include, at a minimum, the following:

(a) a completed Transmittal Form for Permit Application and Payment using the form established by the Department for such purposes;

(b) the applicable completed Permit Application using the form established by the Department for such purposes;

(c) the applicable permit application fee payable pursuant to 310 CMR 4.00;

(d) certification by the applicant that the application fee has been mailed, or hand-delivered to the Department, concurrent with submittal of the application;

(e) an indication of the specific deadline(s) to be extended under the Special Project Determination pursuant to either 310 CMR 40.0061(1)(a) or (b);

(f) a description of the project that includes:
1. its expected duration;

2. an explanation of why a Special Project Designation Permit is necessary to successfully implement the project,

3. a map of the parcels within and the boundaries of the area for which the Special Project Designation Permit is sought;

4. a description of any planned redevelopment of the parcels within the boundaries of the Special Project Designation area, that includes the location, size and use of buildings and infrastructure and open space, to the extent known;

5. the Release Tracking Numbers for any known releases of oil and/or hazardous material at or from the subject properties that have been reported to the Department, a description of the source(s), nature and extent of such releases, to the extent identified and characterized, including any known or probable Exposure Pathways; and 6. a description of how the project meets the criteria in 310 CMR 40.0061(3);

(g) a list of any Status Reports, Phase Reports, or Completion Statements for any response actions that are in progress or have been completed at the time of Special Project Designation Permit Application is made that provides a description of the current status and projected schedule for completion of response actions in progress and the dates on which any completed Reports or Statements were submitted to the Department;

(h) a description of response actions to be conducted under the Special Project Designation Permit, including a proposed schedule, to the extent such actions have been planned;

(i) the name, business address, and telephone number of the person who will be conducting response actions under the Special Project Designation Permit;

(j) when the application is made pursuant to 310 CMR 40.0061(1)(b) and a Tier Classification submittal has not been previously submitted to the Department, a Tier Classification submittal pursuant to 310 CMR 40.0500; notwithstanding 310 CMR 40.0501(6), a single Tier Classification may be provided for multiple parcels and multiple disposal sites within the boundaries of the Special Project Designation area;

(k) justification that an extension of the specific deadline(s) sought under the Special Project Designation Permit will not compromise the protection of health, safety, public welfare, or the environment, based on known and potential risks from releases at or from the property(ies) proposed for inclusion in the Special Project Designation and the ability to manage known and potential risks throughout the duration of the Special Project Designation Permit;

(l) when the applicant is an Eligible Person or Eligible Tenant as described in 310 CMR 40.0061(2)(b), a letter of community support that describes the public benefit(s) of the project pursuant to 310 CMR 40.0061(3)(f);

(m) when the applicant is a person as described in 310 CMR 40.0061(2)(b), a certification that he or she is an Eligible Person or Eligible Tenant as defined in M.G.L. c. 21E and 310 CMR 40.0006;

(n) a copy of the public notice as published pursuant to 310 CMR 40.1403(2)(b) and 310 CMR 40.0062(5) containing the date of publication and name of the newspaper;

(o) when the applicant is not the Chief Municipal Officer of the community(ies) where the proposed project is located, a copy of the written notices sent to the Chief Municipal Officer(s) and Board(s) of Health as required by 310 CMR 40.0062(5);

(p) a certification by the applicant and the person described in 310 CMR 40.0062(1)(i) (if different from the applicant) that, except as fully disclosed in the application, he or she is not subject to any outstanding administrative or judicial environmental enforcement action under any federal, state or local law;

(q) a copy of an access agreement obtained by the applicant from each of the persons who own or control the properties included in the boundaries of the Special Project Designation area, if different from the applicant; and

(r) the certification of the submittal required by 310 CMR 40.0009 by the applicant and the person described in 310 CMR 40.0062(1)(i) (if different from the applicant).

(2) An application for Special Project Designation Permit shall not be deemed complete if the Department determines that such application:

(a) fails to contain all information and certifications required by 310 CMR 40.0062(1);

(b) fails to include the applicable fee established by 310 CMR 4.00: Timely Action Schedule and Fee Provisions; or

(c) is incorrectly filled out.

(3) An application for a Special Project Designation Permit, or Special Project Designation Permit Modification, Transfer or Extension shall be reviewed in accordance with the procedures described in 310 CMR 40.0060 and 40.0070.

(4) A Special Project Designation Permit Application to extend a specific deadline(s) pursuant to 310 CMR 40.0061(1)(b) may be submitted concurrently with a Tier Classification submittal.

(5) Public Review of Application.

(a) Prior to the submission of a Special Project Designation Permit Application or Special Project Designation Permit Modification, Transfer or Extension, each applicant shall take the following actions to provide notice to the public and local officials that the Special Project Designation Permit Application is available at DEP for review and comment:
1. a public notice pursuant to 310 CMR 40.1403(2)(b) shall be published in a newspaper that circulates in the community(ies) in which the property(ies) included in the proposed Special Project Designation is located and in any newspapers that circulate in any other community(ies) which is, or is likely to be, affected by the disposal site; and

2. when the applicant is not the Chief Municipal Officer of the community(ies) where the project is located, at least three days prior to publication of the public notice, a copy of the written notice shall be delivered by mail or hand to the Chief Municipal Officer(s) and Board(s) of Health in the community(ies) in which the disposal site is located and in any other community(ies) that is, or is likely to be, affected by the disposal site.

(b) The public notice required by 310 CMR 40.0062(5)(a) shall include, but not be limited to, the following information:
1. the address(s) of the properties proposed for inclusion in the Special Project Designation;

2. the DEP Release Tracking Number(s);

3. the name, address, and telephone number of the applicant(s);

4. the date on or about which the applicant(s) intends to file the application with the Department;

5. for an initial Special Project Designation Permit, a brief description of the deadline extension sought;

6. for Special Project Designation Permit Modifications, Transfers or Extensions, a brief description of proposed modification, transfer or deadline extension sought; and

7. a description of the procedures by which interested persons may review and comment on the Special Project Designation Permit Application.

(c) Interested persons may submit written comments related to the Special Project Designation Permit Application within 20 days of the date that such Application is available at DEP for review and comment. Such written comments shall be submitted to the Department by mail or by hand delivery during normal Department business hours and to the Special Project Designation Permit applicant.

(d) The Department shall consider and respond as it deems appropriate to public comments submitted in accordance with 310 CMR 40.0062(5).

(e) On its own initiative, the Department may extend the period for submission of public comments.

(6) Response Action Deadlines During Special Project Designation Permit Application Review. Notwithstanding 310 CMR 40.0501(2):

(a) the deadline for Tier Classification for a disposal site proposed for inclusion within a Special Project Designation pursuant to 310 CMR 40.0061(1) shall be stayed while the Department is reviewing the Special Project Designation Permit Application;

(b) the next applicable Comprehensive Response Action deadline for a disposal site proposed for inclusion within a Special Project Designation pursuant to 310 CMR 40.0061(1)(b) shall be stayed while the Department is reviewing the Special Project Designation Permit Application.

(7) Response Action Deadlines if the Special Project Designation is Denied. If the Special Project Designation is denied by the Department pursuant to 310 CMR 40.0060, then for applications submitted:

(a) pursuant to 310 CMR 40.0061(1)(a), the deadline for Tier Classification shall be the original deadline for Tier Classification (provided such deadline has not passed) or 90 days from the date of the Department's denial, whichever is later;

(b) pursuant to 310 CMR 40.0061(1)(b), the deadline for the next applicable Comprehensive Response Action submittal shall be the original deadline for the submittal (provided such deadline has not passed) or 90 days from the date of the Department's denial, whichever is later.

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