310 CMR, § 16.10 - Review of Application for Completeness

(1) Report Number. The Department shall assign a Report Number to each application when the application is filed with the Department and notify the applicant, the board of health, and the Department of Public Health. The Report Number shall be used in all subsequent correspondence with the board of health, the Department, the applicant and the Department of Public Health and shall appear on any subsequent filings by the applicant.

(2) Public Comments. During the Determination Period, as defined in 310 CMR 16.10(3) the Department shall accept written comments from the board of health or interested persons regarding the completeness of the application.

(3) Determinations. The Department shall issue a written determination to the applicant as to the completeness of the application on or before 21 days after the filing of said application with the Department. An application shall not be considered complete unless the Technical Fee, if any, has been paid and the application forms are complete and accompanied by the appropriate supporting documentation. If the Department determines that the application is incomplete, deficiencies shall be stated. The Department shall send a copy of such determination to the board of health and the Department of Public Health.

(4) Public Notice of Application. The applicant, after receipt of notice of completeness from the Department, shall notify all parties identified at 310 CMR 16.08(2) and abutters to the site by certified mail, and provide public notice that an application has been filed with the local board of health. The notice shall:

(a) appear in at least one newspaper that has general circulation within the municipality and in the Massachusetts Environmental Policy Act (MEPA) Monitor, where the proposed facility was required to file an Environmental Notification Form (ENF) or Environmental Impact Report (EIR) with MEPA;

(b) include the location of the site; the size of the site; the type of facility; the type of waste or material to be handled at the facility; daily tonnage or throughout; the names, and addresses of the proponents and the person to whom requests for copies of the application should be directed; the public location within the community and hours where the application may be inspected; the time period for comment to be received by the Department and the address to which the comments should be mailed; and

(c) Where the municipality has a population of greater than 15% of residents who do not speak English as their primary language, the applicant shall publish an additional notice in a daily or weekly newspaper(s) circulated in that community written in the primary language(s) of these residents.

(5) Commencement of Review Period. The Department Review Period shall commence when the applicant has provided proof to the Department that the public notice requirement as set forth in 310 CMR 16.10(4) has been satisfied. Proof may be in the form of a copy of the public notice in the publication.

Notes

310 CMR, § 16.10