Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations
Section 21.04 - Application Review Process
Current through Register 1531, September 27, 2024
(1) Permit Review Standard. The Department shall not issue a Watershed Permit if the proposed Watershed Management Plan does not provide for either achievement of the Necessary Nitrogen Load Reductions during the permit term or reasonable progress in achievement of those Necessary Nitrogen Load Reductions within the permit term. The Department will make a finding of reasonable progress if it determines that:
(2) Tentative Determination and Preparation of Draft Permits
(3) Public Hearings. If the applicant requests a public hearing, or if the Department determines a public hearing to be in the public interest, then the Department shall schedule and conduct such hearing either remotely or in a community within the area that may be affected by the Watershed Permit. The applicant shall provide public notice of the public hearing in accordance with 314 CMR 21.04(2)(d)1. through 6. at least 30 days prior to the hearing. Where a public hearing is held, the public comment period shall be extended to the conclusion of the public hearing or such later date as may be established by the Department.
(4) Issuance or Denial of Permit. After the conclusion of the public comment period, the Department may issue or deny a final Watershed Permit. The Department's determination shall be effective upon the date of issuance or denial of the permit, unless an appeal is filed during the 21-day period following issuance or denial, pursuant to 314 CMR 21.11 and 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection. If the filing of the Watershed Permit application or a Notice of Intent for such application operated to suspend the application of any applicable Title 5 upgrade or New Construction requirements under 310 CMR 15.215(2), then within 28 days of a permit denial becoming effective, the Department will publish notice of the denial and that the mandatory Title 5 upgrade and New Construction requirements are invoked in accordance with the timeframes established in 310 CMR 15.215(2)(d) as if a Watershed Permit had been terminated or revoked, effective on the date the Department publishes the notice of denial. The Department shall publish the notice: in the forthcoming Environmental Monitor; on the Department's website; in the town hall where similar notices are published; and in a local or regional newspaper with the largest readership distribution within the area that may be affected by the Title 5 upgrade and New Construction requirements. In municipalities with Environmental Justice Populations where the preceding method for publishing public notice does not specifically serve the Environmental Justice Population(s), the Department must also provide the preceding notice to at least one additional news organization that primarily serves the Environmental Justice Population(s) within the area that may be affected by the designation. The public notice shall be translated into other languages that are prevalent in areas with persons of limited English proficiency.