Further Action on Application
Effective Nov 15, 2019Mass. Register #1404MGL c. 21A, §§ 2 and 8 MGL c. 111, §§ 150A and 150A½Massachusetts Department of Environmental Protection
- (1) Negative Determinations of Suitability. When the Department issues a Report with a finding that a site fails to meet the site suitability criteria or that an application does not contain sufficient data to allow a determination on the criteria, the site assignment process is complete and the board of health shall not hold a public hearing as prescribed in 310 CMR 16.20, provided that an applicant may request the Department to reconsider the findings in the Report and the Report may be reissued.
- (2) Positive Determinations of Suitability. When the Department issues a Report with a finding that the site does meet the site suitability criteria, the board of health shall proceed to hold a public hearing pursuant to 310 CMR 16.20 for the purpose of deciding whether to grant or refuse to grant a site assignment for the parcel of property which is the subject of the Department Report.