Public Notice and Comment

(1) Public Notice by the Applicant. The applicant or permittee shall provide public notice of the following permit proceedings to be published at the applicant's or permittee's expense in accordance with the requirements of 314 CMR 2.06(3) through 314 CMR 2.06(5): (a) The preparation of a draft individual groundwater discharge, sewer discharge or reclaimed water permit and tentative determination to issue the permit; (b) The filing of a Notice of Intent requesting general groundwater discharge permit coverage or renewal of general groundwater discharge permit coverage; 2.06: continued (c) The renewal of an individual groundwater discharge, sewer discharge or reclaimed water permit; (d) The modification of an individual groundwater discharge, sewer discharge or reclaimed water permit under 314 CMR 2.10 when the modification is at the request of the permittee and when public notice is required under 314 CMR 2.10; (e) When requested by the applicant or permittee, the scheduling of a public hearing under 314 CMR 2.07 on the Department's tentative determination to: 1. issue or renew an individual groundwater discharge, sewer discharge or reclaimed water permit under 314 CMR 2.04 or 314 CMR 2.10, respectively; or 2. modify an individual groundwater discharge, sewer discharge or reclaimed water permit under 314 CMR 2.10 when the modification is requested by the permittee; and (f) Additional aspects of permit proceedings as the Department deems appropriate. (2) Public Notice by the Department. The Department shall provide public notice of the following permit proceedings in accordance with the requirements of 314 CMR 2.06(3) through 314 CMR 2.06(5): (a) A public hearing, except when required to be published by the applicant or permittee under 314 CMR 2.06(1)(e); (b) The preparation of a draft general permit and tentative determination to issue or renew a general permit; (c) The preparation of a draft individual surface water discharge permit and tentative determination to issue or renew an individual surface water discharge permit; (d) A tentative determination to deny an individual permit; suspend or revoke an individual permit, general permit or general permit coverage under 314 CMR 2.10; modify a general permit when public notice is required under 314 CMR 2.10; or modify an individual permit when the modification is not at the request of the permittee and when public notice is required under 314 CMR 2.10; and (e) Additional aspects of permit proceedings as the Department deems appropriate. (3) Public Notices may Describe More than One Permit or Permit Proceeding. Public notice is not required for a determination to deny or terminate general permit coverage, to terminate a permit at the request of the permittee, or to withdraw a draft permit. Public notice shall afford a public comment period of at least 30 days after the date of publication, except in the case of RCRA facilities where the public notice shall afford a public comment period of at least 45 days. (4) Copies of the public notice shall be published and sent as follows: (a) The applicant or permittee, as applicable, shall publish public notice of the permit proceedings listed in 314 CMR 2.06(1) in the Environmental Monitor, a publication of the Massachusetts Executive Office of Energy and Environmental Affairs. In addition, for a permit that contains provisions on reclaimed water, the applicant or permittee also shall publish public notice in at least one newspaper of general circulation in each city and town in which reclaimed water would be allowed to be used or discharged under the permit. In addition, for a permit that contains "Special Effluent Limitations" pursuant to 314 CMR 5.10(9): Special Effluent Limitations, the applicant or permittee shall also publish public notice in at least one newspaper of general circulation in each city and town in which the permit does not require the groundwater to meet the more stringent of water quality or technology based effluent limitations as a result of the discharge. (b) For each permit proceeding requiring publication of public notice by the applicant or permittee under 314 CMR 2.06(1), within seven days after the date of publication or at such other time as the Department requires, the applicant or permittee shall submit to the Department a copy of the public notice as published in the Environmental Monitor, and if applicable, in each newspaper, along with the name and address of each newspaper and the date the notice appeared in each newspaper. (c) With the exception of surface water discharge permit proceedings, the Department shall publish public notice of the permit proceedings listed in 314 CMR 2.06(2) in the Environmental Monitor. 2.06: continued (d) The Department shall send a copy of a public notice to any person who has submitted a written request for notice of specific permit proceedings at the same time it sends the notice to the Environmental Monitor for publication. Such written requests for notice must be renewed annually. The Department may charge a fee in connection with responding to such requests. (e) For individual surface water discharge permits and for permits for RCRA facilities only, public notice, together with a copy of any fact sheet or statement of basis, the draft permit, if any, and the application, shall also be sent to: 1. Any other agency that the Department knows has issued or is required to issue a RCRA, PSD, NPDES or 404 permit under the Federal Act for the same facility or activity, including EPA; 2. Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources, and over coastal zone management plans, the Advisory Council on Historic Preservation, the Massachusetts Historical Commission and other appropriate government authorities, including any affected States; and 3. The U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. (f) For draft groundwater discharge, sewer discharge and reclaimed water permits, the Department shall publish on its website a list of permits currently subject to public review and comment. The Department shall maintain the list on its website until the close of the applicable public review and comment period. The date of public notice in the Environmental Monitor shall constitute the date of publication of public notice under 314 CMR 2.00. (g) The Department shall satisfy its public notice and copy requirements for surface water discharge permit proceedings through jointly issued public notices published by EPA in newspapers and/or on its website, or through mailings sent by EPA. The Department shall publish on its website a list of the surface water discharge permit proceedings for which it has issued public notice jointly with EPA. The Department shall maintain such listings on its website until the close of the applicable public review and comment period. The date of publication of public notice by EPA shall constitute the date of publication of public notice under 314 CMR 2.00. (5) Contents of Public Notice. All public notices shall contain the following minimum information and such other information as the Department deems appropriate: (a) the name and address of the office processing the general permit, application for individual permit, or application for general permit coverage; (b) the name and address of the permittee or applicant, if applicable, and, if different, of the facility and discharge regulated by the permit. For a permit with provisions on reclaimed water, the notice also shall contain the address of each location where reclaimed water would be allowed to be used or discharged, along with a brief description of the purpose(s) for which reclaimed water could be used or discharged at each such location; for a permit that contains "Special Effluent Limitations" pursuant to 314 CMR 5.10(9): Special Effluent Limitations, the notice also shall contain a description of the area in which the groundwater would not be required to meet the more stringent of water quality or technology based effluent limitations as a result of the discharge and the address of each property within the described area; (c) the name, address and telephone number of the person from whom the draft permit, statement of basis or fact sheet, and the application, if applicable, may be obtained; and (d) the time within which the public may comment or request a public hearing, and if applicable, the tentative determination to issue or deny the permit, and the statutory and regulatory authority under which the determination is made; (e) public notice of individual surface water discharge permit proceedings shall contain a general description of the location of each existing or proposed discharge point and the name of the receiving water; (f) where a request for a determination under § 316(a) of the Federal Act has been filed relative to a surface water discharge permit, the public notice shall contain a statement to that effect; and (g) a reference to 310 CMR 1.01(7): Intervention and Participation, which describes the process for formally intervening in adjudicatory proceedings.