Mass. Gen. Laws ch. 111H, sec. 31 — MA Code / Part I / Title XVI / Chapter 111H / Section 31
Facility license application; public comment period; preparation of draft license or draft denial; final decision
Status: in_force

Section 31. (a) Upon the filing with the secretary of the executive office of environmental affairs of a notification pursuant to section thirty of intent to apply for a facility license, the operator may file a facility license application with the department of public health in accordance with regulations adopted under section sixteen. The license application shall be determined to be complete when said department finds that all information required by such regulations has been submitted and any additional requirements established by regulation adopted under said section sixteen have been satisfied; provided, however, that nothing in this section shall prohibit said department from requiring an operator to submit additional information necessary to evaluate the application at any time prior to the final license decision. Said department may summarily deny a facility license if the operator fails or refuses to correct deficiencies in the application. Such summary denial shall be accompanied by an explanation of the reasons for the denial. For each complete application, said department shall set a decision schedule in accordance with its regulations adopted under said section sixteen setting forth the date by which it intends to prepare a draft license or draft denial; and to issue a final license decision. Said department shall adhere to such decision schedule unless it finds that an extension of the schedule, not to exceed ninety days, is necessary to protect the public health or the environment, in which case said department shall adhere to such decision schedule as extended, provided, however, that nothing in this section shall authorize said department to issue a final facility license decision prior to action by the secretary of the executive office of environmental affairs on the final environmental impact report prepared pursuant to section thirty of this chapter and section sixty-two C of chapter thirty. (b) The public comment period on a facility license application shall commence upon the filing of the notification of intent to apply for a facility license pursuant to section thirty. The recommendations of the public participation coordinator, made pursuant to section six, shall be implemented to the extent feasible in order to ensure public participation in the facility licensing process; to ensure that adequate information concerning the facility licensing process is available; to facilitate the conduct of public meetings and other opportunities for public review and comment; and to ensure that public concerns are identified and addressed throughout the facility licensing process. The department of public health shall give notice of the commencement of the public comment period by mail to the applicant, the community supervisory committee of each site community and the board and by publication in accordance with regulations adopted pursuant to section sixty-two A of chapter thirty, in a daily or weekly newspaper of general circulation within each site and neighboring community, and by broadcasting on radio stations serving each such community. The public comment period shall continue for forty-five days after the issuance of a draft license or draft denial pursuant to this section; provided, however, that said department shall extend the public comment period if it issues a modified draft license, until forty-five days after the issuance of such a modified draft license. During the public comment period, any person may submit comments in writing on any aspect of the application or the draft license or draft denial; copies of all written comments and memoranda prepared or received by said department shall be made available to persons upon request; and said department shall conduct at least one public meeting on the license application and the draft license or draft denial within each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community. (c) For each complete facility license application reviewed pursuant to this section, the department of public health shall, after action by the secretary of the executive office of environmental affairs on a draft environmental impact report pursuant to section thirty of this chapter and section sixty-two C of chapter thirty, prepare a draft license or draft denial. A draft license shall include facility design and performance specifications and all conditions required to operate the facility. A copy of the draft license or draft denial shall be sent to the operator, the community supervisory committee of each site community, the board and, upon request, to other interested persons, and shall be accompanied by an explanation of the reasons therefor and a description of the procedures to be followed in reaching a final license decision. Such description shall include the date on which the public comment period is to end; the dates and locations of scheduled public meetings on the draft license or draft denial, the procedures to be followed by persons wishing to participate in the process leading to the final license decision, and the name, address and telephone number of the person within said department to contact for additional information. (d) A copy of the department of public health's final facility license decision shall be sent to the applicant, the community supervisory committee of each site community, the board, any person who submitted written comments during the public comment period and, upon request, to other interested persons. Such final decision shall be accompanied by a summary response to comments received during the public comment period and an explanation of the reasons for any difference between the draft license or denial and the final license decision.

Section 31. (a) Upon the filing with the secretary of the executive office of environmental affairs of a notification pursuant to section thirty of intent to apply for a facility license, the operator may file a facility license application with the department of public health in accordance with regulations adopted under section sixteen. The license application shall be determined to be complete when said department finds that all information required by such regulations has been submitted and any additional requirements established by regulation adopted under said section sixteen have been satisfied; provided, however, that nothing in this section shall prohibit said department from requiring an operator to submit additional information necessary to evaluate the application at any time prior to the final license decision. Said department may summarily deny a facility license if the operator fails or refuses to correct deficiencies in the application. Such summary denial shall be accompanied by an explanation of the reasons for the denial. For each complete application, said department shall set a decision schedule in accordance with its regulations adopted under said section sixteen setting forth the date by which it intends to prepare a draft license or draft denial; and to issue a final license decision. Said department shall adhere to such decision schedule unless it finds that an extension of the schedule, not to exceed ninety days, is necessary to protect the public health or the environment, in which case said department shall adhere to such decision schedule as extended, provided, however, that nothing in this section shall authorize said department to issue a final facility license decision prior to action by the secretary of the executive office of environmental affairs on the final environmental impact report prepared pursuant to section thirty of this chapter and section sixty-two C of chapter thirty.

(b) The public comment period on a facility license application shall commence upon the filing of the notification of intent to apply for a facility license pursuant to section thirty. The recommendations of the public participation coordinator, made pursuant to section six, shall be implemented to the extent feasible in order to ensure public participation in the facility licensing process; to ensure that adequate information concerning the facility licensing process is available; to facilitate the conduct of public meetings and other opportunities for public review and comment; and to ensure that public concerns are identified and addressed throughout the facility licensing process. The department of public health shall give notice of the commencement of the public comment period by mail to the applicant, the community supervisory committee of each site community and the board and by publication in accordance with regulations adopted pursuant to section sixty-two A of chapter thirty, in a daily or weekly newspaper of general circulation within each site and neighboring community, and by broadcasting on radio stations serving each such community. The public comment period shall continue for forty-five days after the issuance of a draft license or draft denial pursuant to this section; provided, however, that said department shall extend the public comment period if it issues a modified draft license, until forty-five days after the issuance of such a modified draft license. During the public comment period, any person may submit comments in writing on any aspect of the application or the draft license or draft denial; copies of all written comments and memoranda prepared or received by said department shall be made available to persons upon request; and said department shall conduct at least one public meeting on the license application and the draft license or draft denial within each site community and other public meetings in neighboring communities upon request by the chief executive officer of such community.

(c) For each complete facility license application reviewed pursuant to this section, the department of public health shall, after action by the secretary of the executive office of environmental affairs on a draft environmental impact report pursuant to section thirty of this chapter and section sixty-two C of chapter thirty, prepare a draft license or draft denial. A draft license shall include facility design and performance specifications and all conditions required to operate the facility. A copy of the draft license or draft denial shall be sent to the operator, the community supervisory committee of each site community, the board and, upon request, to other interested persons, and shall be accompanied by an explanation of the reasons therefor and a description of the procedures to be followed in reaching a final license decision. Such description shall include the date on which the public comment period is to end; the dates and locations of scheduled public meetings on the draft license or draft denial, the procedures to be followed by persons wishing to participate in the process leading to the final license decision, and the name, address and telephone number of the person within said department to contact for additional information.

(d) A copy of the department of public health's final facility license decision shall be sent to the applicant, the community supervisory committee of each site community, the board, any person who submitted written comments during the public comment period and, upon request, to other interested persons. Such final decision shall be accompanied by a summary response to comments received during the public comment period and an explanation of the reasons for any difference between the draft license or denial and the final license decision.