Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.08 - Issuance and Effective Date of Permit, General Permit Coverage, or Other Determination and Requests for Adjudicatory Hearings

Current through Register 1525, July 5, 2024
(1) After the conclusion of the public
			 comment period provided in
			 314 CMR
			 2.06 or
			 2.07, the
			 Department shall issue the permit or general permit coverage, or determination
			 to deny the permit or general permit coverage. If no comments objecting to the
			 issuance or terms of the permit or permit coverage were received by the
			 Department during the public comment period, then the permit or permit coverage
			 shall be effective upon issuance. If comments objecting to the issuance or the
			 terms of the permit or general permit coverage were received by the Department
			 during the public comment period, then the permit or general permit coverage
			 shall become effective 30 days after issuance.
(2) During the 30 day period following
			 issuance of the permit, general permit coverage, or determination to deny, any
			 person aggrieved by the issuance or the determination, except an applicant for
			 or permittee with general groundwater discharge permit coverage, may file a
			 request for an adjudicatory hearing relative thereto with the Department. The
			 standing of a person to request a hearing, and the procedures for filing such
			 request are governed by M.G.L. c. 30A and
			 310
			 CMR 1.01:
Adjudicatory Proceeding
			 Rules for the Department of Environmental Protection
. Except in the
			 case of a surface water discharge permit jointly issued with EPA, unless the
			 person requesting the adjudicatory hearing requests and is granted a stay of
			 the terms and conditions of the permit or general permit coverage, the permit
			 or general permit coverage shall remain effective or become effective at the
			 conclusion of the 30 day period.
(3) In the case of an individual surface
			 water discharge permit jointly issued with EPA:
(a) an uncontested permit authorizing a new
			 discharge shall remain effective or become effective at the conclusion of the
			 30 day period following issuance of the permit, unless a later effective date
			 is specifically provided;
(b) for a
			 permit authorizing a new discharge, which is contested in a request for an
			 adjudicatory hearing, the effect of the permit shall be stayed pending the
			 Commissioner's final decision on the permit. The Department shall notify the
			 permit applicant and any other party to the adjudicatory appeal proceedings
			 that a stay is in effect; and
(c)
			 for any other contested permit, the effect of the contested terms and
			 conditions shall be stayed pending the Commissioner's final decision on the
			 permit. The effect of uncontested terms and conditions that cannot be severed
			 from the contested terms and conditions also shall be stayed. The Department
			 shall notify the permittee and any other party to the adjudicatory hearing of
			 the uncontested and severable terms and conditions of the permit, which will
			 become fully effective enforceable obligations of the permit 30 days after the
			 date of the notification, as well as of the stayed terms and conditions of the
			 permit.