Section 30.837 - Informal Public Hearing for Facility Licenses310 CMR 30.837 applies to facility license actions.
(1) The Department shall direct the applicant to schedule an informal public hearing on the proposed action to give the public an opportunity to present written and oral comment if:(a) During the comment period or within 15 days of the close of the comment period, pursuant to 310 CMR 30.833, the Department receives written notice requesting an informal public hearing, or if the Department determines on its own that there is significant public interest in a draft license.(b) Prior to the comment period, the Department determines that the applicant's proposed license renewal involves changes that are significant and equivalent to Class 2 or 3 modifications described at 310 CMR 30.852 or(c) The facility applicant is seeking an initial license for a hazardous waste management unit. The informal public hearing described at 310 CMR 30.837(1)(c) shall be held prior to the submittal of the initial hazardous waste license application.(2) Whenever possible, the Department shall schedule or direct the applicant to schedule such hearing at a convenient location near the population center nearest the proposed facility or activity or by alternative means including, but not limited to, telephone, internet, satellite enabled audio or video conferencing or any other technology that enables the pubic to clearly follow and participate in the procedures of the public hearing while those activities are occuring. Such notice shall be given in the manner described in 310 CMR 30.833, and shall include: (a) The dates of previous notices relating to the license;(b) The date, time, and place of the informal public hearing or, if the hearing is held by alternative means, information regarding how to participate;(c) The nature and purpose of the informal public hearing or, if the public hearing is held by alternative means, information regarding how to participate; and(d) A description of how the informal public hearing shall be conducted.(3) An informal public hearing concerning a license modification pursuant to 310 CMR 30.851 may be limited by the Department to such modification.(4) Any informal public hearing may be scheduled in conjunction with any other public hearing being held in connection with the subject facility or activity.(5) The Department shall, when practicable, schedule the informal public hearing to be held within 30 days of receipt of the written request, but in no case sooner than 30 days after the date of the public notice of said hearing.(6) For the informal public hearings described at 310 CMR 30.837(1)(b) and (c) the applicant shall:(a) submit to the Department a summary of the meeting, a sign-in sheet listing the attendees and their addresses, and copies of any written comments or materials submitted at the meeting as part of the initial license or license renewal application, in accordance with 310 CMR 30.803.(b) the applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting and maintain and provide documentation of public notice to the Department upon request.Amended by Mass Register Issue 1522, eff. 5/24/2024.