Public Input

10/17/08 (1) Any member of the public may provide comments during the comment period to the Attorney General on an Applicant's proposed project. (2) In addition to the notice requirements in 940 CMR 23.04(2), the Attorney General may require whatever additional public comment process, if any, he or she deems appropriate under the specific circumstances presented. (3) In determining what additional public comment process, if any, is appropriate, the Attorney General may consider: 940CMR-169 (a) the degree ofliability relief that the Applicant is seeking; (b) the extent that the remediation that will be achieved will be a Permanent Solution; (c) whether a Permanent Solution, Remedy Operation Status, or Temporary Solution, as applicable, will be achieved for the entire Site on which the proposed Eligible Brownfields Project is located; (d) whether the Applicant is an Eligible Person; (e) the scope of the likely impacts of the Applicant's proposed project; (f) the extent to which there are other available processes through which the public will have an opportunity to comment; and (g) any other factor the Attorney General deems appropriate. ( 4) The Attorney General will presume that no public process in addition to that prescribed in 940 CMR 23.04(2) will be required where the Applicant is an Eligible Person, the proposed remediation is a Permanent Solution for the entire Site, and the Eligible Brownfields Project has the expressed support of the chief executive officer of the municipality in which the project is located. (5) In.order to prevent duplication, the Attorney General will seek to coordinate any public process required pursuant to 940 CMR 23 .07 (1) with other available public comment processes to the extent possible.