310 CMR, § 40.0584 - Participation by the Public, RPs, PRPs and Other Persons in Department Reclassification

(1) Within seven days of reclassifying a Tier Classified disposal site pursuant to 310 CMR 40.0583, the Department shall provide notice to the public of the Reclassification as follows:

(a) by publishing a public notice pursuant to 310 CMR 40.1403(2)(b);

(b) by mail or hand delivery of a copy of the public notice to the Chief Municipal Officer and Board of Health in the community(ies) in which the disposal site is located and in any other community(ies) which the Department believes are likely to be affected by the disposal site; and

(c) by mail or hand delivery of a copy of the public notice to any person the Department reasonably believes:

1. is an RP or a PRP for the disposal site;

2. is an Other Person conducting response actions for the disposal site;

3. holds title to, or an ownership interest in any real property comprising the disposal site of portion thereof or which may be affected by the disposal site and whose name and address is known to the Department at the time the Department decides to reclassify the disposal site; and

4. is the operator of the disposal site, if different from the owner; and

(d) if the disposal site is a Public Involvement Plan (PIP) site, by mail to each person whose name and address appears on the PIP mailing list established pursuant to 310 CMR 40.1400.

(2) Content of Notice. The notice required by 310 CMR 40.0584(1) shall include, but not be limited to, the following information:

(a) the name and address of the disposal site;

(b) the DEP Release Tracking Number(s);

(c) the intended Reclassification category of the disposal site; and

(d) a statement of the basis for the Reclassification.

Notes

310 CMR, § 40.0584

Amended by Mass Register Issue 1503, eff. 3/1/2024. Amended by Mass Register Issue S1516, eff. 3/1/2024.