Current through Register 1531, September 27, 2024
(1)
Right to Appeal.
Certain persons shall have a right to request an adjudicatory hearing
concerning certifications by the Department when an application is required:
(a) the applicant or property
owner;
(b) any person aggrieved by
the decision who has submitted written comments during the public comment
period;
(c) any ten persons of the
Commonwealth pursuant to M.G.L. c. 30A where a group member has submitted
written comments during the public comment period; and
(d) any governmental body or private
organization with a mandate to protect the environment that has submitted
written comments during the public comment period. Any person aggrieved, any
ten persons of the Commonwealth, or a governmental body or private organization
with a mandate to protect the environment may appeal without having submitted
written comments during the public comment period only when the claim is based
on new substantive issues arising from material changes to the scope or impact
of the activity and not apparent at the time of public notice.
(2)
Notice of
Claim. Any notice of claim for an adjudicatory hearing must be
accompanied by a filing fee as specified in
310 CMR
4.06: Adjudicatory Hearing Filing Fee and be
sent by certified mail or hand delivered to the Department of Environmental
Protection, postmarked within 21 days of the date of the
certification.
(3)
Contents of Claim. Any notice of claim for an
adjudicatory hearing must include the following information:
(a) the 401 Certification Transmittal Number
and Wetlands Protection Act Number, the name of the applicant and address of
the project;
(b) the complete name,
address, and telephone number of the party filing the request; the name,
address and telephone number of any authorized representative; and, if claiming
to be a person aggrieved, the specific facts that demonstrate that the party
satisfies the definition of "aggrieved person" found in
314 CMR
9.02;
(c) a clear statement that an adjudicatory
hearing is being requested;
(d) a
clear and concise statement of facts which are grounds for the proceeding, the
specific objections to the Department's written certification, and the relief
sought through the adjudicatory hearing, including specifically the changes
desired in the final written certification; and
(e) a statement that a copy of the request
has been sent by certified mail or hand delivered to:
1.the applicant;
2.for projects in Outstanding Resource
Waters, the public or private water supplier where the project is located, the
Department of Conservation and Recreation for projects in Areas of Critical
Environmental Concern, or other entity with responsibility for the
resource;
3.the owner, if different
from the applicant;
4.the
appropriate regional office of the Department; and
5.the conservation commission of the city or
town where the activity will occur.
(4)
Coordination of
Appeals. The Department may coordinate adjudicatory appeals under
314 CMR 9.00,
310 CMR
10.00: Wetlands Protection,
310 CMR
9.00: Waterways or other administrative appeals.
(a) If a final order has been issued pursuant
to
310 CMR
10.00: Wetlands Protection, the Department may exclude
issues solely within the jurisdiction of
310 CMR
10.00 at an adjudicatory hearing held under
314 CMR 9.00.
(b) If a Chapter 91 license, permit or other
approval has been issued pursuant to
310 CMR
9.00: Waterways, the Department may exclude issues
solely within the jurisdiction of
310 CMR
9.00 at an adjudicatory hearing held under
314 CMR 9.00.
(c) If an adjudicatory hearing has been
requested under
314 CMR 9.00,
310 CMR
9.00: Waterways,
310 CMR
10.00: Wetlands Protection, or another administrative
appeal, the Department may consolidate the proceedings.
(d) In the event that the Department has
issued a Combined Permit that serves as a 401 Water Quality Certification
pursuant to
314 CMR 9.00, a Chapter 91
license, permit or other written approval issued pursuant to
310 CMR
9.00: Waterways, and/or a Superseding Order of
Conditions issued pursuant to
310 CMR
10.00: Wetlands Protection, the appeal may include
issues solely within the jurisdiction of
310 CMR
9.00 and
310 CMR
10.00 only as follows: The appeal may include issues
within the jurisdiction of
310 CMR
9.00, only if the appeal has been requested in
accordance with the requirements of
310 CMR 9.17: Appeals.
The appeal may include issues solely within the jurisdiction of
310 CMR
10.00, only if the appeal has been requested in
accordance with the requirements of
310 CMR
10.05(7)(j).