Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › QUALITY ASSURANCE › Section 120.821 - Licensing Process

Current through Register 1525, July 5, 2024
The procedures for a license application shall include the
				  following:
(A) An Operator shall file
				an application with the Department pursuant to
				105 CMR
				120.124 and obtain a license as provided in
				105 CMR 120.800 before commencement of construction of the facility. Failure to
				comply with this requirement may be grounds for denial of a license.
(B) After an Operator files, with the
				Secretary of the Executive Office of Environmental Affairs (EOEA), its
				notification of intent to apply for a facility license, it may file a facility
				license application with the Department.
(C) The license application shall be
				determined to be complete when the Department finds that all information
				required by 105 CMR 120.800 has been submitted and any additional requirements
				of 105 CMR 120.800 have been satisfied.
(D) The Department may deny a facility
				license if the Operator fails or refuses to correct deficiencies in the
				application within 30 days after notification of such a deficiency by the
				Department. Such summary denial shall be accompanied by an explanation of the
				reasons for the denial.
(E) The
				Department shall set a decision schedule, for each complete application,
				setting forth the date by which it intends to prepare a draft license or draft
				denial and to issue a final license decision. The Department shall adhere to
				such decision schedule unless it finds that an extension of the schedule, not
				to exceed 90 days, is necessary to protect public health or the environment, in
				which case the Department must adhere to such decision schedule as
				extended.
(F) The Department shall
				give notice of the commencement of the public comment period by mail to the
				Operator, the community supervisory committee of each site community and the
				Board, and by publication in accordance with regulations adopted pursuant to
				M.G.L. c. 30, § 62A (MEPA), 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.
(G) The public comment period shall continue
				for 45 days after the issuance of a draft license or draft denial. The
				Department shall extend the public comment period if it issues a modified draft
				license until 45 days after the issuance of such a modified draft
				license.
(H) Anyone may submit
				comments to the Department during the comment period. The Department shall make
				copies of all comments received available to persons upon request.
(I) The 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.
(J) The Department shall, after action by the
				Secretary of the Executive Office of Enviromental Affairs on a draft
				environmental impact report pursuant to M.G.L. c. 111H, § 30 and M.G.L. c.
				30, § 62C, 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.
(K) 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 the Department to
				contact for additional information.
(L) The Department shall send a copy of the
				final facility license decision to the Operator, 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.