Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart E - TIER CLASSIFICATION AND RESPONSE ACTION DEADLINES
Section 40.0585 - Right to Request an Adjudicatory Hearing
Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0585
Current through Register 1531, September 27, 2024
(1) Any person who is aggrieved by a decision of the Department to reclassify a disposal site pursuant to 310 CMR 40.0583 to a Tier Classification category that is higher than the previous classification may request an adjudicatory hearing before the Department in accordance with 310 CMR 40.0050.
(2) A request for adjudicatory hearing pursuant to 310 CMR 40.0585 shall:
(a) comply
with 310 CMR 40.0050 and
1.00:
Adjudicatory Proceedings; and
(b) state the reason(s) the decision to
reclassify does not comply with
310
CMR 40.0000.
(3) The adjudicatory hearing shall be limited to the issue of whether the Department's decision to reclassify is in accordance with the criteria set forth in 310 CMR 40.0583(3).
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