Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 11.00 - Licensing Of Hydropower Generating Facilities
Section 11.03 - Coordination of Permitting and Licensing When an ENF Is Being Filed
Current through Register 1531, September 27, 2024
(1) Applicability. This Part applies when a developer is filing an Environmental Notification Form (ENF).
(2) Review of Draft Notification Form. Before filing with the agencies, the developer shall submit a draft version of the combined ENF-Hydropower Supplement to the Council. The Council shall make a determination, not later than ten days after receiving such draft form, whether or not it is complete. The Council may reject a draft form which is patently deficient or it may accept it but recommend to the developer that supplementary information be included that would improve and expedite the permitting and licensing agencies' review process. The Council shall inform the developer in writing of its action within ten days of submission of the draft form.
(3) Filing. A developer shall file the combined ENF-Hydropower Supplement in accordance with the fihng instructions and "List of Agencies" in the Hydropower Supplement, in the number of copies indicated. Evidence of proper filing shall be provided by a developer to the Council.
Filing of the ENF-Hydropower Supplement shall be made at such point in project planning or management as a developer may deem to be appropriate to the circumstances of the project, but shall be made no later than 60 days after official notice in the Federal Register that such developer has filed for a license or exemption with the Federal Energy Regulatory Commission. A developer may request, and the Council may approve, an extension of this filing time upon a showing of good cause.
These filing instructions do not affect the requirement to publish a "notice of intent to submit an ENF", under M.G.L. c. 30, §§ 62-62H and implementing regulations, within 30 days before filing the ENF.
The Council may require a developer to submit information supplementing his filing to the agencies, in advance of the pre-licensing conference.
(4) Effect of Filing. Receipt of the ENF and Hydropower Supplement by the agencies will trigger the Massachusetts Environmental Policy Act review process and the review process of all agencies. The ENF and Hydropower Supplement shall, at the option and indication of the developer in such form, serve in lieu of the Notice of Intent for the local Conservation Commission's review process under M.G.L. c. 131, § 40.
(5) Arrangements for Pre-Licensing Conference.
(6) Pre-Licensing Conference.
Environmental Affairs, unless they agree otherwise.
(7) Statement of Agency Requirements.
(8) Determination of Filing Adequacy.
(9) Information Deadlock. If a developer believes that an agency is unreasonable in requiring additional information,data, or studies under 980 CMR 11.03(7)(a), 11.03(8)(a), or 11.03(8)(b)2., it may withhold the required materials and request a permit or license denial, such denial shall be provided within seven days by the agency. This denial may then be appealed under 980 CMR 11.05, after exhaustion of administrative remedies, as an "action or failure to act".
(10) Project Alterations.
(11) Informal Dispute Resolution. Upon request by a developer or an agency, the Council shall make reasonable efforts to assist them in resolving disputes concerning the form, content, level of detail and schedules of agency requirements.
(12) Time Limits for Final Agency Decisions. Once the Council determines, based on informal or written communication, receipt of agency statements under 980 CMR
11.03(7) or 11.03(8)(b)l., or apphcability of the 980 CMR 11.03(8)(c) presumption, that no agency requires any further materials from the developer in order to make a final decision, the Council shall set a single time limit of not greater than 90 days within which all agencies must issue their final determinations whether or not to issue the appropriate licenses, certificates, sign-offs or other evidence of approval of the application.
(13) Effect of Environmental Impact Report Upon Time Limits. If the developer is required to file an environmental impact report under M.G.L. c. 30, s. 62B, the Council may alter the time fi-amework contemplated in 980 CMR 11.00, to conform with the requirements of M.G.L. c. 30, § 62D.