Department Report On Suitability (Report)
Effective Nov 15, 2019Mass. Register #1404MGL c. 21A, §§ 2 and 8 MGL c. 111, §§ 150A and 150A½Massachusetts Department of Environmental Protection
- (1) General. The Department shall forward the Report and the accompanying record to the board of health and shall provide a copy of the Report to the applicant.
(2) Content. The Report shall include:
- (a) the Report Number;
- (b) a statement indicating that the application does or does not contain sufficient data to allow the Department to determine if the site meets the criteria. A determination that an application did not contain sufficient information to allow a determination on each criteria shall be sufficient grounds for a negative determination of suitability;
- (c) a statement that the site meets or fails to meet each the site suitability criteria set forth in 310 CMR 16.40, including any conditions; and
- (d) findings of fact pertaining to the application, any waiver that was requested, and the suitability of the site.
(3) Basis for Report. The Report shall be based upon:
- (a) the record;
- (b) the facts and information otherwise available to the Department;
- (c) expertise of the Department;
- (d) expertise of other local, state or federal agencies consulted by the Department.
- (4) Record. The record shall consist of the application, including any waivers requested or any modifications submitted; any report or records the Department has used in making its determination; and any and all correspondence, notices, and written comments by the Department, boards of health, applicant or the public which have been submitted in accordance with 310 CMR 16.00.
- (5) Public Access. The board of health shall ensure that the Department's Report on Suitability and the Department Record are made available for copying and reasonable inspection.