Section 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which includes: 1.the location of the water source from which the withdrawal is to be made;2.the volume of water to be withdrawn;3.the name and address of the water resources management official of each city or town in which the withdrawal is proposed, who will have a copy of the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; and5.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).(d) Within ten business days of completing the requirements in 310 CMR 36.23(1)(a) through (c), the applicant shall submit a copy of the published notice and an affidavit to the Department attesting to the fact that the requirements of 310 CMR 36.23(1)(a) through (c) were met.(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.Amended by Mass Register Issue 1273, eff. 11/7/2014.