310 CMR, § 36.23 - Public Notice Requirements
(1) All applicants
for a new permit shall comply with the following public notice requirements:
(a) The applicant shall prepare a public
notice of the proposed withdrawal, which includes:
1.the location of the water source from which
the withdrawal is to be made;
2.the
volume of water to be withdrawn;
3.the name and address of the water resources
management official of each city or town in which the withdrawal is proposed,
who will have a copy of the application available for inspection, and the times
when it will be available;
4.a
statement that written comments on the granting of a permit may be filed with
the water resources management official(s) and the Department within 30 days of
the notice's publication date; and
5.the name and address of the permit
applicant.
(b) Within
ten business days after an application is filed with the Department, the
applicant shall publish the notice in a newspaper which carries legal notices,
and which is of general circulation in the town or city where each proposed
withdrawal is to be located, and in each town and city within the same water
source as the proposed withdrawal.
(c) Within five business days after the above
publication, the applicant shall send a copy of the public notice (return
receipt requested), noting the date of publication from which the comment
period began to run, to each abutter of the property(ies) where the proposed
withdrawal point(s) is located and to each abutter of abutters of the
property(ies).
(2) No earlier than 30 days after publication
of the notice described in 310 CMR 36.23(1)(a), the applicant may submit to the
Department a certificate from each water resources management official in each
city or town in which the withdrawal point(s) is located, which states that:
(a) the proposed withdrawal is not
inconsistent with the local water resources management plan; and
(b) no statement of opposition has been
received by the water resources management official(s) during the 30 day
comment period.
(3)
Within five business days of the close of the public comment period the
applicant shall submit to the Department any comments received by the applicant
or by the water resources management official in each city or town in which the
proposed withdrawal point(s) is located.
(4) Following the Department's receipt of the
affidavit described in 310 CMR 36.23(1)(d), the Department will send a copy of
the notice described in 310 CMR 36.23(1)(a) and may include a summary of the
application to:
(a) all registrants,
permittees and those who have approved nonconsumptive use statements for water
withdrawn from the same water source as the proposed withdrawal;
(b) the water resources management
official(s) for the community(ies) in which the proposed withdrawal(s) is
located, and other persons who have made a written request for notice of the
permit.
Such notice will include a statement that the Department will receive comments for a period of time set by the Department, not less than 30 days and not to exceed 45 days.
(5) For permit renewals, the Department will
publish notice of all renewal applications received in a water source in the
Environmental Monitor within 30 days after the renewal application deadline in
the water source. The notice will state that written comments on the granting
of a permit renewal(s) may be filed with the Department within 30 days of the
notice's publication date.
(6) The
applicant for a new or renewed permit shall provide a written response, if
requested by the Department, to any comments submitted to the
Department.
(7) The Department
shall not deem an application complete until the applicant has responded to all
written comments as requested by the Department following the comment
period.
Notes
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