Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 23.00 - Brownfields covenant not to sue agreements
Section 23.07 - Public Input

Universal Citation: 940 MA Code of Regs 940.23

Current through Register 1531, September 27, 2024

(1) Any member of the public may provide comments during the comment period to the Attorney General on an Applicant's proposed project.

(2) In addition to the notice requirements in 940 CMR 23.04(2), the Attorney General may require whatever additional public comment process, if any, he or she deems appropriate under the specific circumstances presented.

(3) In determining what additional public comment process, if any, is appropriate, the Attorney General may consider:

(a) the degree of liability relief that the Applicant is seeking;

(b) the extent that the remediation that will be achieved will be a Permanent Solution;

(c) whether a Permanent Solution, Remedy Operation Status, or Temporary Solution, as applicable, will be achieved for the entire Site on which the proposed Eligible Brownfields Project is located;

(d) whether the Applicant is an Eligible Person;

(e) the scope of the likely impacts of the Applicant's proposed project;

(f) the extent to which there are other available processes through which the public will have an opportunity to comment; and

(g) any other factor the Attorney General deems appropriate.

(4) The Attorney General will presume that no public process in addition to that prescribed in 940 CMR 23.04(2) will be required where the Applicant is an Eligible Person, the proposed remediation is a Permanent Solution for the entire Site, and the Eligible Brownfields Project has the expressed support of the chief executive officer of the municipality in which the project is located.

(5) In order to prevent duplication, the Attorney General will seek to coordinate any public process required pursuant to 940 CMR 23.07(1) with other available public comment processes to the extent possible.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.