Section 120.821 - Licensing ProcessThe procedures for a license application shall include the following:
(A) An Operator shall file an application with the Department pursuant to 105 CMR 120.124 and obtain a license as provided in 105 CMR 120.800 before commencement of construction of the facility. Failure to comply with this requirement may be grounds for denial of a license.(B) After an Operator files, with the Secretary of the Executive Office of Environmental Affairs (EOEA), its notification of intent to apply for a facility license, it may file a facility license application with the Department.(C) The license application shall be determined to be complete when the Department finds that all information required by 105 CMR 120.800 has been submitted and any additional requirements of 105 CMR 120.800 have been satisfied.(D) The Department may deny a facility license if the Operator fails or refuses to correct deficiencies in the application within 30 days after notification of such a deficiency by the Department. Such summary denial shall be accompanied by an explanation of the reasons for the denial.(E) The Department shall set a decision schedule, for each complete application, setting forth the date by which it intends to prepare a draft license or draft denial and to issue a final license decision. The Department shall adhere to such decision schedule unless it finds that an extension of the schedule, not to exceed 90 days, is necessary to protect public health or the environment, in which case the Department must adhere to such decision schedule as extended.(F) The Department shall give notice of the commencement of the public comment period by mail to the Operator, the community supervisory committee of each site community and the Board, and by publication in accordance with regulations adopted pursuant to M.G.L. c. 30, § 62A (MEPA), in a daily or weekly newspaper of general circulation within each site and neighboring community and by broadcasting on radio stations serving each such community.(G) The public comment period shall continue for 45 days after the issuance of a draft license or draft denial. The Department shall extend the public comment period if it issues a modified draft license until 45 days after the issuance of such a modified draft license.(H) Anyone may submit comments to the Department during the comment period. The Department shall make copies of all comments received available to persons upon request.(I) The Department shall conduct at least one public meeting on the license application and the draft license or draft denial within each site community and other public meetings in neighboring communities upon request by the Chief Executive Officer of such community.(J) The Department shall, after action by the Secretary of the Executive Office of Enviromental Affairs on a draft environmental impact report pursuant to M.G.L. c. 111H, § 30 and M.G.L. c. 30, § 62C, prepare a draft license or draft denial. A draft license shall include facility design and performance specifications and all conditions required to operate the facility.(K) A copy of the draft license or draft denial shall be sent to the Operator, the community supervisory committee of each site community, the Board and, upon request, to other interested persons, and shall be accompanied by an explanation of the reasons therefor and a description of the procedures to be followed in reaching a final license decision. Such description shall include the date on which the public comment period is to end; the dates and locations of scheduled public meetings on the draft license or draft denial, the procedures to be followed by persons wishing to participate in the process leading to the final license decision, and the name, address and telephone number of the person within the Department to contact for additional information.(L) The Department shall send a copy of the final facility license decision to the Operator, the community supervisory committee of each site community, the Board, any person who submitted written comments during the public comment period and, upon request, to other interested persons. Such final decision shall be accompanied by a summary response to comments received during the public comment period and an explanation of the reasons for any difference between the draft license or denial and the final license decision.