310 CMR 16.10
Review of Application for Completeness
(1) Report Number. The Department shall assign a Report Number to each application when
the application is filed with the Department and notify the applicant, the board of health, and the
Department of Public Health. The Report Number shall be used in all subsequent
correspondence with the board of health, the Department, the applicant and the Department of
Public Health and shall appear on any subsequent filings by the applicant.
(2) Public Comments. During the Determination Period, as defined in 310 CMR 16.10(3) the
Department shall accept written comments from the board of health or interested persons
regarding the completeness of the application.
(3) Determinations. The Department shall issue a written determination to the applicant as to
the completeness of the application on or before 21 days after the filing of said application with
the Department. An application shall not be considered complete unless the Technical Fee, if
any, has been paid and the application forms are complete and accompanied by the appropriate
supporting documentation. If the Department determines that the application is incomplete,
deficiencies shall be stated. The Department shall send a copy of such determination to the
board of health and the Department of Public Health.
(4) Public Notice of Application. The applicant, after receipt of notice of completeness from
the Department, shall notify all parties identified at 310 CMR 16.08(2) and abutters to the site
by certified mail, and provide public notice that an application has been filed with the local board
of health. The notice shall:
(a) appear in at least one newspaper that has general circulation within the municipality and
in the Massachusetts Environmental Policy Act (MEPA) Monitor, where the proposed facility
was required to file an Environmental Notification Form (ENF) or Environmental Impact
Report (EIR) with MEPA;
(b) include the location of the site; the size of the site; the type of facility; the type of waste
or material to be handled at the facility; daily tonnage or throughout; the names, and
addresses of the proponents and the person to whom requests for copies of the application
should be directed; the public location within the community and hours where the application
may be inspected; the time period for comment to be received by the Department and the
address to which the comments should be mailed; and
(c) Where the municipality has a population of greater than 15% of residents who do not
speak English as their primary language, the applicant shall publish an additional notice in
a daily or weekly newspaper(s) circulated in that community written in the primary
language(s) of these residents.
(5) Commencement of Review Period. The Department Review Period shall commence when
the applicant has provided proof to the Department that the public notice requirement as set forth
in 310 CMR 16.10(4) has been satisfied. Proof may be in the form of a copy of the public notice
in the publication.