Section 30.833 - Public Notice and Public Comment for Facility License Actions310 CMR 30.833 applies to facility license applications.
(1) The Department shall give public notice of the following: (a) That a facility license application has been tentatively denied;(b) That a draft facility license has been prepared;(c) That a Class 2 or 3 modifications pursuant to 310 CMR 30.852 at a facility has been proposed; and(d) That an informal public hearing on a draft license has been scheduled.(2) Public notices may describe more than one license or license action.(3) Public notice issued pursuant to 310 CMR 30.833 shall allow at least 45 days for public comment, except for notices pursuant to 310 CMR 30.833(1)(d).(4) Public notices pursuant to 310 CMR 30.833, shall be given by the following methods:(a) By mailing notice to: 2. EPA, c/o Regional Administrator, Region I;3. the board of health of the city or town in which the facility is to be located;4. the Environmental Monitor, to the extent practicable;5. each city or town having jurisdiction over the area in which the facility is proposed to be located;6. each State agency having any authority pursuant to State law with respect to the construction and operation of the facility;7. each Federal and State agency, including agencies of any affected State other than Massachusetts, with jurisdiction over fish, shellfish, or wildlife resources, coastal zone management plans, or historic preservation; and8. persons on a mailing list developed by the Department.(b) By publication, paid for by the applicant, in a daily or weekly newspaper of general circulation within the locality affected by the facility.(c) By broadcasting, paid for by the applicant, the notice on radio stations serving the locality affected by the facility.(d) A visible and accessible sign, as specified, provided by the applicant.(5) All public notices issued pursuant to 310 CMR 30.833 shall, at a minimum, contain the following information:(a) The name and address of the office of the Department processing the license application for which notice is being given;(b) The name and address of the licensee or applicant and, if different, of the facility which is the subject of the application;(c) The name, address, and telephone number of an individual from whom interested persons may obtain further information, including a copy of the draft license or application; the accompanying fact sheet; and a statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access;(d) A brief description of the required public comment procedures; provided that in the case of a public notice relating to a license modification being proposed pursuant to 310 CMR 30.851, the notice need only describe the proposed modification;(e) Any additional information considered necessary or appropriate, including an address to which people can write in order to be put on the facility mailing list and any other procedures by which a person may request a public hearing or otherwise participate in the process leading to the final license decision; and(f) A tentative schedule for the decision-making process.Amended by Mass Register Issue 1522, eff. 5/24/2024.