Public Hearings

(1) If the applicant or permittee, other than an applicant for or permittee with general groundwater discharge permit coverage, requests a public hearing, or if the Department determines a public hearing to be in the public interest, then the Department shall schedule and conduct such hearing in a community within the area(s) affected by the facility or discharge which is the subject of the permit. The Department may satisfy its public hearing requirements in connection with surface water discharge permit proceedings through public hearings jointly held with EPA. (2) When the Department holds a public hearing on a permit with provisions on reclaimed water, the Department also shall conduct a public hearing in each city and town in which reclaimed water would be allowed to be used or discharged under the permit. When the Department holds a public hearing on a permit that contains "Special Effluent Limitations" pursuant to 314 CMR 5.10(9): Special Effluent Limitations, the Department also shall conduct a public hearing in each city and town in which the groundwater would not be required to meet the more stringent of the technology or water quality based effluent limitations as a result of the discharge. Public notice of the public hearing(s) shall be published in accordance with 314 CMR 2.06 at least 30 days prior to the hearing(s). Such public notice shall contain, in addition to the contents specified in 314 CMR 2.06(5), reference to the date of previous public notices relating to the permit; the date, time and place of the hearing(s); and a brief description of the nature and purpose of the hearing(s), including any applicable rules and procedures. (3) For RCRA facilities, the Department shall schedule and conduct a public hearing whenever the Department receives written notice of opposition to a draft permit and a request for a hearing within the public comment period provided in 314 CMR 2.06(3). (4) An applicant for or permittee with general groundwater discharge permit coverage may not request a public hearing, but instead may file an application for an individual permit, in connection with which the applicant may request a public hearing. (5) Where a public hearing is held under 314 CMR 2.07, the public comment period under 314 CMR 2.06 shall be extended to the conclusion of the public hearing or such later date as may be established by the Department.