Current through Register 1531, September 27, 2024
(1)
Public Notice by the Applicant. The applicant or
permittee shall provide public notice of the following permit proceedings to be
published at the applicant's or permittee's expense in accordance with the
requirements of 314 CMR 2.06(3) through 314 CMR 2.06(5):
(a) The preparation of a draft individual
groundwater discharge, sewer discharge or reclaimed water permit and tentative
determination to issue the permit;
(b) The filing of a Notice of Intent
requesting general groundwater discharge permit coverage or renewal of general
groundwater discharge permit coverage;
(c) The renewal of an individual groundwater
discharge, sewer discharge or reclaimed water permit;
(d) The modification of an individual
groundwater discharge, sewer discharge or reclaimed water permit under
314
CMR 2.10 when the modification is at the
request of the permittee and when public notice is required under
314
CMR 2.10;
(e) When requested by the applicant or
permittee, the scheduling of a public hearing under
314 CMR 2.07 on
the Department's tentative determination to:
1. issue or renew an individual groundwater
discharge, sewer discharge or reclaimed water permit under
314 CMR
2.04 or
314
CMR 2.10, respectively; or
2. modify an individual groundwater
discharge, sewer discharge or reclaimed water permit under
314
CMR 2.10 when the modification is requested
by the permittee; and
(f) Additional aspects of permit proceedings
as the Department deems appropriate.
(2)
Public Notice by the
Department. The Department shall provide public notice of the
following permit proceedings in accordance with the requirements of 314 CMR
2.06(3) through 314 CMR 2.06(5):
(a) A public
hearing, except when required to be published by the applicant or permittee
under 314 CMR 2.06(1)(e);
(b) The
preparation of a draft general permit and tentative determination to issue or
renew a general permit;
(c) The
preparation of a draft individual surface water discharge permit and tentative
determination to issue or renew an individual surface water discharge
permit;
(d) A tentative
determination to deny an individual permit; suspend or revoke an individual
permit, general permit or general permit coverage under
314
CMR 2.10; modify a general permit when public
notice is required under
314
CMR 2.10; or modify an individual permit when
the modification is not at the request of the permittee and when public notice
is required under
314
CMR 2.10; and
(e) Additional aspects of permit proceedings
as the Department deems appropriate.
(3)
Public Notices may Describe
More than One Permit or Permit Proceeding. Public notice is not
required for a determination to deny or terminate general permit coverage, to
terminate a permit at the request of the permittee, or to withdraw a draft
permit. Public notice shall afford a public comment period of at least 30 days
after the date of publication, except in the case of RCRA facilities where the
public notice shall afford a public comment period of at least 45
days.
(4) Copies of the public
notice shall be published and sent as follows:
(a) The applicant or permittee, as
applicable, shall publish public notice of the permit proceedings listed in 314
CMR 2.06(1) in the Environmental Monitor, a publication of the
Massachusetts Executive Office of Energy and Environmental Affairs. In
addition, for a permit that contains provisions on reclaimed water, the
applicant or permittee also shall publish public notice in at least one
newspaper of general circulation in each city and town in which reclaimed water
would be allowed to be used or discharged under the permit. In addition, for a
permit that contains "Special Effluent Limitations" pursuant to
314 CMR
5.10(9): Special
Effluent Limitations, the applicant or permittee shall also publish
public notice in at least one newspaper of general circulation in each city and
town in which the permit does not require the groundwater to meet the more
stringent of water quality or technology based effluent limitations as a result
of the discharge.
(b) For each
permit proceeding requiring publication of public notice by the applicant or
permittee under 314 CMR 2.06(1), within seven days after the date of
publication or at such other time as the Department requires, the applicant or
permittee shall submit to the Department a copy of the public notice as
published in the Environmental Monitor, and if applicable, in
each newspaper, along with the name and address of each newspaper and the date
the notice appeared in each newspaper.
(c) With the exception of surface water
discharge permit proceedings, the Department shall publish public notice of the
permit proceedings listed in 314 CMR 2.06(2) in the Environmental
Monitor.
(d) The
Department shall send a copy of a public notice to any person who has submitted
a written request for notice of specific permit proceedings at the same time it
sends the notice to the Environmental Monitor for publication.
Such written requests for notice must be renewed annually. The Department may
charge a fee in connection with responding to such requests.
(e) For individual surface water discharge
permits and for permits for RCRA facilities only, public notice, together with
a copy of any fact sheet or statement of basis, the draft permit, if any, and
the application, shall also be sent to:
1. Any
other agency that the Department knows has issued or is required to issue a
RCRA, PSD, NPDES or 404 permit under the Federal Act for the same facility or
activity, including EPA;
2. Federal
and State agencies with jurisdiction over fish, shellfish, and wildlife
resources, and over coastal zone management plans, the Advisory Council on
Historic Preservation, the Massachusetts Historical Commission and other
appropriate government authorities, including any affected States;
and
3. The U.S. Army Corps of
Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries
Service.
(f) For draft
groundwater discharge, sewer discharge and reclaimed water permits, the
Department shall publish on its website a list of permits currently subject to
public review and comment. The Department shall maintain the list on its
website until the close of the applicable public review and comment period. The
date of public notice in the Environmental Monitor shall
constitute the date of publication of public notice under
314 CMR
2.00.
(g)
The Department shall satisfy its public notice and copy requirements for
surface water discharge permit proceedings through jointly issued public
notices published by EPA in newspapers and/or on its website, or through
mailings sent by EPA. The Department shall publish on its website a list of the
surface water discharge permit proceedings for which it has issued public
notice jointly with EPA. The Department shall maintain such listings on its
website until the close of the applicable public review and comment period. The
date of publication of public notice by EPA shall constitute the date of
publication of public notice under
314 CMR
2.00.
(5)
Contents of Public
Notice. All public notices shall contain the following minimum
information and such other information as the Department deems appropriate:
(a) the name and address of the office
processing the general permit, application for individual permit, or
application for general permit coverage;
(b) the name and address of the permittee or
applicant, if applicable, and, if different, of the facility and discharge
regulated by the permit. For a permit with provisions on reclaimed water, the
notice also shall contain the address of each location where reclaimed water
would be allowed to be used or discharged, along with a brief description of
the purpose(s) for which reclaimed water could be used or discharged at each
such location; for a permit that contains "Special Effluent Limitations"
pursuant to
314 CMR
5.10(9): Special
Effluent Limitations, the notice also shall contain a description of
the area in which the groundwater would not be required to meet the more
stringent of water quality or technology based effluent limitations as a result
of the discharge and the address of each property within the described
area;
(c) the name, address and
telephone number of the person from whom the draft permit, statement of basis
or fact sheet, and the application, if applicable, may be obtained;
and
(d) the time within which the
public may comment or request a public hearing, and if applicable, the
tentative determination to issue or deny the permit, and the statutory and
regulatory authority under which the determination is made;
(e) public notice of individual surface water
discharge permit proceedings shall contain a general description of the
location of each existing or proposed discharge point and the name of the
receiving water;
(f) where a
request for a determination under § 316(a) of the Federal Act has been
filed relative to a surface water discharge permit, the public notice shall
contain a statement to that effect; and
(g) a reference to
310
CMR 1.01(7):
Intervention and Participation, which describes the process
for formally intervening in adjudicatory proceedings.