Section 40.1303 - Participation by the Public, RPs and PRPs(1) After the Department decides to establish an administrative record pursuant to 310 CMR 40.1300, and prior to the selection of a response action, the Department shall give notice and afford interested persons a reasonable opportunity to comment. Unless response actions must be taken earlier to control the potential for health damage, human exposure, safety hazards or environmental harm through appropriate short term measures, the Department shall give notice at least 21 days prior to its selection of a response action as follows:(a) by publication thereof in a newspaper(s) of general circulation in the community(ies) that the Department reasonably believes are affected by the disposal site;(b) by certified mail, return receipt requested, to any person who the Department reasonably believes: 2. holds title to, or an ownership interest in, any real property which comprises the disposal site or which may be affected by the response action and whose name and address is known by the Department at the time the Department elects to establish such an administrative record;(c) if the disposal site is a Public Involvement Plan (PIP) Site, by first-class mail or handdelivery to each person whose name and address appears on the PIP mailing list established in accordance with 310 CMR 40.1400; and(d) by first-class mail or hand delivery to the Chief Municipal Official and local board of health of each community in which the disposal site is known to be located.(2)Content of Notice. The notice required by 310 CMR 40.1303(1) shall include the following information:(a) a description of the location of the disposal site and activities proposed for such site;(b) the Department's authority to establish an administrative record for the disposal site upon which the Department will base its selection of a response action;(c) the times when, and location where, interested persons may inspect the administrative record, including, without limitation, remedial action alternatives under consideration;(d) a description of the procedure by which persons interested in commenting may submit data, views and arguments to the Department;(e) the deadline established by the Department for receipt of public comments; and(f) any additional information determined by the Department to be pertinent.(3)Procedure. (a) Within 21 days, or within such other time period determined by the Department in accordance with 310 CMR 40.1303(1), after providing notice as required by 310 CMR 40.1303(1)(c), (d) and (e), any interested person may submit written comments in the form of a signed letter, brief or other memorandum stating his or her views or arguments, including data in support thereof, concerning the remedial action alternatives proposed for the disposal site. Such written comments shall be submitted to the Department by first-class mail or hand-delivery during normal business hours. If the Department has expedited response actions in accordance with 310 CMR 40.1303(1) to control the potential for health damage, human exposure, safety hazards or environmental harm through appropriate short term measures, the Department may request written comments to be submitted after providing notice as required by 310 CMR 40.1303(1)(c) through (e). If such response actions have not been taken, the Department may request written comments to be submitted to the Department within 21 days of the later date of publication or notice required by 310 CMR 40.1303(1).(b) The Department may, at its sole discretion, afford any interested person or his or her duly appointed representative an opportunity to present data, views or arguments orally before the Department during a meeting at which the remedial action alternatives will be presented.(c) The Department shall consider and respond as it deems appropriate to significant public comments. The Department shall place a written response to any significant comments submitted in the administrative record.(d) Upon reasonable request or on its own initiative, the Department may extend the period for submission of public comments.(e) After the comment period, and any extension thereof, has terminated, the Department shall place written documentation in the administrative record of the basis for the Department's selection of a response action and provide written notice thereof to all persons who have submitted significant comments pursuant to 310 CMR 40.1303(1)(c) and any other persons submitting comments during the period established for public comment.(4) The Department shall certify that the administrative record is complete:(a) after the termination of the public comment period;(b) after the Department's response to significant comments has been placed in the administrative record; and(c) after the Department has issued a report documenting the basis for the Department's selection of a response action for the disposal site.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.