310 CMR, § 16.13 - Department Report On Suitability (Report)

(1) General. The Department shall forward the Report and the accompanying record to the board of health and shall provide a copy of the Report to the applicant.

(2) Content. The Report shall include:

(a) the Report Number;

(b) a statement indicating that the application does or does not contain sufficient data to allow the Department to determine if the site meets the criteria. A determination that an application did not contain sufficient information to allow a determination on each criteria shall be sufficient grounds for a negative determination of suitability;

(c) a statement that the site meets or fails to meet each the site suitability criteria set forth in 310 CMR 16.40, including any conditions; and

(d) findings of fact pertaining to the application, any waiver that was requested, and the suitability of the site.

(3) Basis for Report. The Report shall be based upon:

(a) the record;

(b) the facts and information otherwise available to the Department;

(c) expertise of the Department;

(d) expertise of other local, state or federal agencies consulted by the Department.

(4) Record. The record shall consist of the application, including any waivers requested or any modifications submitted; any report or records the Department has used in making its determination; and any and all correspondence, notices, and written comments by the Department, boards of health, applicant or the public which have been submitted in accordance with 310 CMR 16.00.

(5) Public Access. The board of health shall ensure that the Department's Report on Suitability and the Department Record are made available for copying and reasonable inspection.

Notes

310 CMR, § 16.13