310 CMR, § 30.834

Current through Register 1536, December 6, 2024
Section 30.834 - Public Notice of Transport License Actions

310 CMR 30.834 (1), (2), and (5) applies to hazardous waste transporter license applications and 310 CMR 30.834(3), (4), and (5) applies to hazardous waste transporter license modifications.

(1) The transporter applicant shall publish a "Notice of Application for a Transporter License" in a newspaper with circulation in the Massachusetts town/city of the applicant's office address where transportation-related activities take place and license records are maintained. The notice shall be on a form provided by the Department.
(a) The notice must appear in the newspaper within 15 days after the Department signs for receipt of the written application;
(b) Within 21 days after the Department signs for receipt of the written application, the applicant must provide a copy of the published newspaper notice to the Department and the local (Massachusetts) board of health.
(c) The notice shall provide for a 45-day comment period, beginning on the date of the publication of the notice, during which comments may be submitted to the Department at the address provided in the notice form.
(2) The transporter license application shall be available at the Department's Boston office and, for in-state applicants, at the local board of health for public review and comment for 45 days after the notice publication date.
(3) For changes in office address or parking location address, the transporter license modification applicant shall publish a "Notice of Application for a Transporter License Modification" in a newspaper with circulation in the Massachusetts town/city of the applicant's office address (and proposed office address) where transportation-related activities (e.g. vehicle parking) take place (or are proposed to take place) and license records are maintained (or are proposed to be maintained). Public notice is not required for other types of transporter license modifications, including change in EPA identification number, telephone number, waste code/category, or the following which are not 310 CMR 30.828 license transfers: name changes, stock transfers, or new owners/operators. Public Notice shall be on a form provided by the Department.
(a) The notice must appear in the newspaper within four business days after the Department signs for receipt of the written application;
(b) Within 21 days after the Department signs for receipt of the written application, the applicant must provide a copy of the published newspaper notice to the Department and the local (Massachusetts only) board of health.
(c) The notice shall provide for a 21-day comment period, beginning on the date of the publication of the notice, during which comments may be submitted to the Department at the address provided in the notice form.
(4) The transporter license modification application shall be available to the Department's Boston office for public review and comment for 14 days after the notice publication date.
(5) All public notices issued pursuant to 310 CMR 30.834, shall at a minimum, contain the following information:
(a) The name and address of the office of the Department processing the license application or license modification application for which notice is being given;
(b) The name and address of the licensee or applicant;
(c) A brief description of what is proposed by the applicant, provided that in the case of a public notice of a license modification being proposed pursuant to 310 CMR 30.851, the notice need only describe the proposed modification;
(d) The name, address, and telephone number of an individual from whom interested persons may obtain further information, including a copy of the application;
(e) A brief description of the required public comment procedures; and
(f) Any additional information considered necessary or appropriate, including any other procedures by which a person may participate in the process leading to a final license or license modification determination.

310 CMR, § 30.834

Amended by Mass Register Issue 1522, eff. 5/24/2024.