974 CMR, § 1.12 - Amendments and Reconsiderations

(1) Reconsiderations. An Applicant, a Town or any aggrieved person who is not an Applicant, may submit a request to the DEC to reconsider a vote taken by the DEC or a decision of the Director. A Reconsideration is a prerequisite to taking an appeal by the DEC to Superior Court pursuant to St. 1993, c. 498, § 11.

(a) The grounds for the Reconsideration are:

1. Mistake or misrepresentation on the plans or Submission;

2. Fraud;

3. Significant changes in site conditions (including flood, fire, earthquake or other acts of God or unauthorized earth removal);

4. Decision of the DEC or the Director was outside the scope of its authority;

(b) All requests for Reconsideration of the DEC's or Director's determinations must be made in writing to the DEC within 30 days of the DEC's vote or Director's decision. Such request must include the following:

1. A precise statement of issue on which reconsideration has been requested, including the grounds for reconsideration;

2. A narrative statement, including technical information where appropriate, in support of the reconsideration request; and

3. Narrative statement containing references to the Reuse Plan, By-laws or that shall provide a reasonable basis for the DEC to reconsider an action taken.

4. Payment of required fee.

(c) The DEC will act on a request for Reconsideration within 45 days of receipt of such request. It will act at a public hearing. The time period to act on a request for Reconsideration may be extended as provided in 974 CMR 1.08.

(d) Limit on Reconsideration. Unless voted by a super majority of the DEC, petitioners are limited to one request for reconsideration per Submission.

(2) Changes to Approved Plans. The determination of whether a proposed change to an approved Unified Permit constitutes an engineering adjustment or an Amendment is made by the Director within 14 days of the request for a plan change. The Applicant shall submit a written description and explanation of the proposed change, a plan showing its location and extent and any other information requested by the Director.

(3) Engineering Adjustment (Level One Review). Engineering Adjustments are typically minor corrections or alterations to an approved Unified Permit. They frequently result from conditions in the field. Changes include minor corrections to lot lines, small shifts in street rights-of-way (for example, a relocation due to ledge) or in the location of a drainage basin (due to soil constraints, for example) or other insignificant adjustments. The Applicant may request an Engineering Adjustment that shall be reviewed by the Director in accordance with the Level One review process. The Director shall then determine if it complies with the applicable 974 CMR. The Director shall approve or deny in writing the Engineering Adjustment within 14 days of the submission of the proposed change.

(4) Amendment (Level Two Review).

(a) The Applicant may request an Amendment during the time period the Unified Permit remains in effect. The DEC shall review the request in accordance with the level of review conducted for the original. The DEC shall render its decision on the Amendment within the time periods specified in 974 CMR 1.08.

(b) Any plan prepared or submitted subsequent to the approval of an Amendment shall include appropriate references to the Amendment. An Amendment to the Permit may require commensurate revisions to the performance guarantee.

(c) The DEC shall not approve the Amendment unless the Review Criteria for the component are satisfied.

Notes

974 CMR, § 1.12