(1)Right to Appeal. Certain persons shall have a right to request an adjudicatory hearing concerning permit decisions by the Department: (a) the applicant or property owner;(b) any aggrieved person who has submitted comments during the public comment period; and(c) any ten persons of the Commonwealth pursuant to M.G.L. c. 30A where a group member has submitted comments during the public comment period. Any aggrieved person or any ten persons of the Commonwealth 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 and be sent by certified mail or hand delivered to the Office of Administrative Appeals of the Department of Environmental Protection, postmarked within 21 days of the date of the permit.(3)Contents of Claim. Any notice of claim for an adjudicatory hearing must include the following informtion:(a) the Transmittal Number and 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 310 CMR 23.02;(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 permit decision, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the permit decision; and(e) a statement that a copy of the request has been sent by certified mail or hand delivered to2. the owner, if different from the applicant;3. the Southeast Regional Office of the Department.