Appeals

(1) Right to Appeal. Certain persons shall have a right to request an adjudicatory hearing concerning certifications by the Department when an application is required: (a) the applicant or property owner; (b) any person aggrieved by the decision who has submitted written comments during the public comment period; (c) any ten persons of the Commonwealth pursuant to M.G.L. c. 30A where a group member has submitted written comments during the public comment period; and (d) any governmental body or private organization with a mandate to protect the environment that has submitted written comments during the public comment period. Any person aggrieved, any ten persons of the Commonwealth, or a governmental body or private organization with a mandate to protect the environment may appeal without having submitted written comments during the public comment period only when the claim is based on new substantive issues arising from material changes to the scope or impact of the activity and not apparent at the time of public notice. (2) Notice of Claim. Any notice of claim for an adjudicatory hearing must be accompanied by a filing fee as specified in 310 CMR 4.06: Adjudicatory Hearing Filing Fee and be sent by certified mail or hand delivered to the Department of Environmental Protection, postmarked within 21 days of the date of the certification. (3) Contents of Claim. Any notice of claim for an adjudicatory hearing must include the following information: (a) the 401 Certification Transmittal Number and Wetlands Protection Act Number, the name of the applicant and address of the project; (b) the complete name, address, and telephone number of the party filing the request; the name, address and telephone number of any authorized representative; and, if claiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the definition of "aggrieved person" found in 314 CMR 9.02; (c) a clear statement that an adjudicatory hearing is being requested; (d) a clear and concise statement of facts which are grounds for the proceeding, the specific objections to the Department's written certification, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written certification; and (e) a statement that a copy of the request has been sent by certified mail or hand delivered to: 1. the applicant; 2. for projects in Outstanding Resource Waters, the public or private water supplier where the project is located, the Department of Conservation and Recreation for projects in Areas of Critical Environmental Concern, or other entity with responsibility for the resource; 3. the owner, if different from the applicant; 4. the appropriate regional office of the Department; and 5. the conservation commission of the city or town where the activity will occur. (4) Coordination of Appeals. The Department may coordinate adjudicatory appeals under 314 CMR 9.00, 310 CMR 10.00: Wetlands Protection, 310 CMR 9.00: Waterways or other administrative appeals. (a) If a final order has been issued pursuant to 310 CMR 10.00: Wetlands Protection, the Department may exclude issues solely within the jurisdiction of 310 CMR 10.00 at an adjudicatory hearing held under 314 CMR 9.00. (b) If a Chapter 91 license, permit or other approval has been issued pursuant to 310 CMR