Recycling Permits and Permit Applications for Those Who Recycle Class C Regulated Recyclable

Materials without Prior Storage (1) Any person wishing to recycle Class C regulated recyclable material not generated at the site of recycling, and who intends to receive that material from off the site of generation directly into the recycling process so that there is no storage of that material at the site of recycling before that material is recycled, all in compliance with a Class C permit, shall apply to the Department for a Class C permit to do so. The application shall be on a form acceptable to the Department. In addition to what is set forth in 310 CMR 30.204, the application shall include: (a) a complete description of how the applicant intends to comply with the requirements set forth or referred to in 310 CMR 30.295(2), including, without limitation, a complete description showing how the applicant proposes to meet the requirements set forth in 310 CMR 30.295(2)(e); and (b) a complete description of how the applicant intends to receive the Class C regulated recyclable material from off the site of generation directly into the recycling process so that there will be no storage of that material at the site of recycling before that material is recycled; and (c) the information required by 310 CMR 30.803 and 30.804(1) through (5), (24) and (25). (2) Conditions imposed pursuant to 310 CMR 30.202(2), the general conditions set forth in 310 CMR 30.205 and 310 CMR 30.206, the standards set forth in 310 CMR 30.295(2), and the provisions set forth in 310 CMR 30.810 through 30.829 and 30.850 through 30.890 shall apply to each Class C permit issued to persons who engage in any activity described in 310 CMR 30.296(1), regardless of whether or not such conditions are written into the permit. Permittees shall comply with such conditions whether or not they are written into the permit. Failure to comply shall be grounds for an enforcement action, including, without limitation, permit suspension or revocation. (3) A permit issued pursuant to 310 CMR 30.296 shall be issued in compliance with the following public notice and public comment requirements. (a) Public Notice. The Department shall cause public notice to be given when: 1. a Class C recycling permit application has been tentatively denied; 2. a draft Class C recycling permit has been prepared; 3. a public hearing on a draft Class C recycling permit has been scheduled. Public notice in this case shall be given at least 21 days prior to the hearing date. (b) Notice of More Than One Permit. Public notices may describe more than one permit or permit action. (c) Comment Period. Public notices issued pursuant to 310 CMR 30.296(3)(a) shall allow at least 30 days for public comment, except for notices pursuant to 310 CMR 30.296(3)(a)3. (d) Method of Notice. Public notice shall be given by the following methods: 1. By mailing notice to: a. the applicant; b. the board of health of the city or town in which the facility is to be located or the permitted activity is proposed; c. abutters of the facility site. 2. By publication, paid for by the applicant, in a daily or weekly newspaper of general circulation in the locality affected by the facility. (e) Content of Notice. All public notices shall, at a minimum, contain the following information: 1. a description of the proposed facility including the type of facility, location and hours of operation; 2. the identity and mailing address of the applicant; 3. the public location where the draft Class C recycling permit can be inspected; and 4. either the time period for written comments on the draft Class C recycling permit and the address to which comments should be mailed, or the public hearing information set forth at 310 CMR 30.296(3)(f); (f) Comment Period. 1. Written Comments. During the public comment period provided for in 310 CMR 30.296(3)(c) any interested person may submit written comments on the draft decision to the office of the Department processing the permit request. 2. Extending or Reopening the Public Comment Period. The Department may extend or reopen the public comment period prescribed in 310 CMR 30.296(3)(c) to allow for the issuance of a modified draft permit or to give interested persons an opportunity to comment on the information or arguments submitted. If the Department gives such an extension, notice thereof shall be given in the manner prescribed in 310 CMR 30.296(3)(a) through (e). Such notice shall specify any new issues to be considered. (g) Public Hearing. 1. Circumstances Requiring Hearing. The Department shall schedule a public hearing within the community wherein the proposed facility is to be located or by alternative means including, but not limited to, telephone, internet, satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow and participate in the proceedings of the public hearing while those activities are occurring when: a. the applicant requests a public hearing; b. the Commissioner determines that there is sufficient public interest in unresolved issues of concern; c. the Department prepares a modified draft permit with substantial revisions from the original draft permit issued pursuant to 310 CMR 30.296(3)(h) as a result of comments received pursuant to 310 CMR 30.296(3)(f). Copies of the revised draft permit shall be distributed to the applicant, local board of health and, upon written request, to any other person. 2. Content of Public Hearing Notice. Public notice of the public hearing shall be given in the manner described in 310 CMR 30.296(3) and shall include: a. the date, time, and place of the public hearing or, if the public hearing is held by alternative means, information regarding how to participate; and b. the nature and purpose of the public hearing. 3. Public Hearing Procedures. a. The Department shall designate a representative to conduct the public hearing who shall have the authority to ensure an orderly presentation of issues, comments, data, and arguments, and to ensure an adequate and comprehensible record of the proceedings. b. Conduct of Hearings. Hearings shall be as informal as may be reasonable and appropriate under the circumstances. The Department shall ensure that the conduct of persons at the hearing will at all times be orderly. c. Withdrawal of Request for Hearing. The applicant or any other person who requested a hearing may withdraw the request, or may elect to submit any comments or documents without a hearing, by filing with the Department a written withdrawal. If notice of a hearing has already been published pursuant to 310 CMR 30.296(3)(a) through (e), such withdrawal must be filed at least ten days prior to the scheduled hearing, and notice of the withdrawal provided in the same manner specified in 310 CMR 30.296(3)(a) through (e). (h) Issuance of a Draft Permit. 1. The Department shall prepare either a draft Class C recycling permit or draft denial. A draft Class C recycling permit shall include all appropriate conditions, standards, and requirements necessary to establish a new facility or to conduct approved activities at an existing facility. 2. If the Department decides to deny the facility a Class C recycling permit, it shall issue a draft denial. 3. Each draft Class C recycling permit or denial shall be accompanied by a fact sheet briefly describing: a. the facility or activity which is the subject of the Class C recycling permit; b. the type and quantity of wastes which are to be handled; c. the reasons for the terms and conditions set forth therein; and d. the reasons why requested variances or alternatives to required standards are or are not approved. (i) Issuance of the Final Permit Decision. 1. Issuance and Public Notice. After the close of the public comment period, or, if applicable, the close of the public hearing, whichever is later, the Department shall issue a final decision on the permit application. Notice of the Department's final decision and summary response to comments shall be given to the applicant by first class mail. Notice shall also be provided to the board of health and each person who has requested notice of the final permit decision. 2. Effective Date. A final license determination shall become effective 21 days after the date of the notice of determination given pursuant to 310 CMR 30.296(3)(i), unless a request for adjudicatory hearing is made pursuant to M.G.L. c. 21C, M.G.L. c.30A and 310 CMR 1.00. 3. Summary Response to Comments. At the time the permit decision is issued, the Department shall prepare a summary of the major comments on the draft permit or denial and a response and shall describe any major changes made to the draft permit or denial as a result of the public hearing. 4. Legal Challenges. Pursuant to M.G.L. c. 21C, § 11, any person aggrieved by a determination by the Department to issue, deny, modify, revoke, or suspend any license or approval, or to issue an order, may request an adjudicatory hearing before the Department pursuant to the provisions of M.G.L. c. 30A. For the purposes of 310 CMR 30.000, an "aggrieved person" shall be deemed to be any person who is or may become a "party" or "intervenor" pursuant to 310 CMR 1.00. A person aggrieved by a final decision in any adjudicatory proceeding may obtain judicial review thereof pursuant to the provisions of M.G.L. c. 30A.