310 CMR, § 16.11 - Review Period

(1) General. Upon commencement of the Review Period, the Department shall review the application to determine if the site is suitable.

(2) Public Comments. During the initial 21 days of the Review Period the Department shall accept written comments from the board of health or other interested persons regarding the suitability of the site. All comments shall be filed with the Department's Regional Office in which the proposed site is located. The Department shall make available all comments received regarding the application to the applicant and the board of health at their request.

(3) Applicant Response and Modification.

(a) Response to Comments. The applicant may respond in writing and/or the Department may require the applicant to respond to comments during the initial 40 days of the Review Period.

(b) Modification of Application. During the initial 40 days of the Review Period the applicant may modify an application provided that said modifications, when taken in their totality, do not constitute a major modification. The Department shall determine if modifications are major and issue written notice of such determinations to the applicant.

(c) Major Modifications. The applicant must notify the Department and the board of health within five days of receipt of a notice from the Department that a single modification or a series of modifications constitute a major modification, whether it intends to:

1. withdraw the application; or

2. withdraw the modifications and let the Department review of the application continue on the unmodified application.

(4) Failure to File Notification. Failure of the applicant to file a notification within the appropriate time will constitute a withdrawal pursuant to 310 CMR 16.11(3)(c)2.

(5) Additional Information. The Department may require the applicant to provide additional information as the Department deems necessary to fully evaluate if the site is suitable.

(6) Restricting of Comments or Response. After 40 days the Department may restrict further comments or responses to allow the completion of the Department review of the site.

(7) Issuance of Report. The Department shall issue the Report on Suitability (Report) within 60 days of the receipt of proof that the public notice requirement set forth in 310 CMR 16.10(4) has been satisfied.

Notes

310 CMR, § 16.11