reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.05 - Procedure for the Adoption, Amendment or Repeal of Regulations Where No Public Hearing Is Required

Current through Register 1525, July 5, 2024
Prior to the adoption or amendment
other
than
				those subject to
				310
				CMR 2.06, or the
repeal
of
				any regulation, the department shall give notice and afford interested persons
				an opportunity to present data, views or arguments, as follows:
(1)
Notice
. Notice
			 of the proposed action to adopt regulations shall be given by the agency at
			 least 21 days prior to its proposed action, unless so me other time is
			 specified by any applicable law. The agency shall publish the notice in at
			 least two newspapers of general circulation, and where appropriate, in such
			 trade, industry, or professional publications as the agency may select. The
			 agency shall likewise notify in writing any person specified by any law and any
			 person or group wich has filed request for notice pursuant to M.G.L. c. 30A,
			 § 3(1)(b).
The notice shall contain the following:
(a) The agency's statutory authority to adopt
			 the proposed regulation.
(b) The
			 procedure for submitting data, views or arguments as set forth in 310 CMR
			 2.05(2).
(c) The express terms to
			 describe the substance of the proposed action, or state the subjects and issues
			 involved .
(d) Any additional
			 matter required by any law.
The above notwithstanding, the agency shall also comply with
				any applicable statute which contains provisions for notice which differ from
				those contained herein.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.06 - Procedure for the Adoption or Amendment of Regulations Where a Public Hearing Is Required

Current through Register 1525, July 5, 2024
Prior to the
adoption
or
amendment
of any regulation as to which a hearing is required
				by any law, or of any other regulation the violation of which is punishable by
				fine or imprisonment except a regulation of department practice or procedure,
				the department shall give notice and hold a public hearing, as follows:
(1)
Notice
. Notice
			 of a public hearing shall be given at least 21 days prior to the date of the
			 hearing, unless some other time is specified by any applicable law. The agency
			 shall publish the notice in at least two newspapers of general circulation, and
			 where appropriate, in such trade, industry, or professional publications as the
			 agency may select. The agency shall likewise notify in writing any person
			 specified by any law and any person or group which has file d written request
			 for notice pursuant to M.G. L. c. 30A, § 2(1)(b).
The notice shall contain the following:
(a) The agency's statutory authority to adopt
			 the proposed regulation.
(b) The
			 time and place of the public hearing.
(c) The text of the proposed regulation. (If
			 the proposed regulation is lengthy or if for other reason the text is not
			 available at the time the notice is distributed, it need not be set out
			 verbatim; however, the notice should either describe the substance of the
			 proposed regulation or state the subject matter and issues involved.)
(d) Any additional matter required by any
			 law.
The above notwithstanding, the agency shall also comply with
				any applicable statute which contains provisions for notice which differ from
				those contained herein.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.07 - Availability of Regulation

Current through Register 1525, July 5, 2024
The clerk or secretary of the agency shall be responsible for
				keeping a book containing all the agency regulations. In addition the clerk or
				secretary shall compile and publish the regulations which are currently in
				effect. All the regulations of an agency shall be available for inspection
				during normal business hours at the offices of the department. Copies of all
				regulations shall be available to any person on request. The agency may charge
				a reasonable fee for each copy.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.08 - Filing of Regulation

Current through Register 1525, July 5, 2024
Upon the adoption of a regulation, an attested copy shall be
				filed with the Secretary of State to gether with acitation of the statutory
				authority under which the regulation has been promulgated. The regulation shall
				take effect [upon filing] unless a later date is required by any law or is
				specified by the agency in the regulation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 2.00 - Adopting Administrative Regulations › Section 2.09 - Advisory Ruling

Current through Register 1525, July 5, 2024
Any interested person or his attorney may at any time request
				an advisory ruling with respect to the applicability to any person, property or
				factual situation of any statute or regulation enforced or administered by the
				agency. The request shall be addressed to the agency and sent to the clerk or
				secretary by mail or delivered in person during normal business hours. All
				requests shall be signed by the person making it or his attorney, contain his
				address or the address of his attorney, and state clearly and concisely the
				substance or nature of the request. The request may be accompanied by any
				supporting data, views or arguments. Upon receipt of the request the agency
				shall consider it at a meeting and shall within ten days thereafter notify the
				petitioner that the request is denied or that the agency will render an
				advisory ruling. The agency may at any time rescind a decision to render an
				advisory ruling. If an advisory ruling is rendered, a copy of the ruling shall
				be sent to the person requesting it or his attorney.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.01 - Purpose, Authority and Applicability

Current through Register 1525, July 5, 2024
310 CMR 3.00 are promulgated
				by the Department pursuant to the authority granted by M.G.L. c. 21 A, §
				2(28); M.G.L. c. 21, § 27(12); M.G.L c. 21C, § 4; M.GL c. 21E, §
				3(c); M.GL c. 21I, §§ 3 and 20; and M.GL. c. 111, §§ 142B
				and 142D.
				310 CMR 3.00 are intended to
				assure that public access to and, to the extent authorized or required by law,
				the confidentiality of records and files obtained or made by the Department are
				in conformity with M.GL. c. 21, § 27(7); M.GL. c. 21C, § 12; M.GL c.
				21E, § 12; M.GL c. 66, § 10; M.GL c. 111, §§ 142B and 142D,
				M.G.L c. 21I; and all other applicable statutes and
				regulations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.02 - Severability

Current through Register 1525, July 5, 2024
It is hereby declared that the provisions of
				310 CMR 3.00 are severable,
				and if any provision hereof or the application thereof to any person or
				circumstance is held invalid, such invalidity shall not affect other provisions
				hereof or applications thereof which can be given effect without the invalid
				provision or application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.04 - Computation of Time

Current through Register 1525, July 5, 2024
Unless otherwise specifically provided by law,
				310 CMR 3.00, or any
				determination issued pursuant to
				310 CMR 3.00, any time period
				prescribed or referred to in
				310 CMR 3.00 or in any
				determination issued pursuant to
				310 CMR 3.00 shall begin with
				the first day following the act which initiates the running of the time period,
				and shall include every calendar day, including the last day of the time period
				so computed. If the last day is a Saturday, Sunday, legal holiday, or any other
				day in which the offices of the Department are closed, the deadline shall run
				until the end of the next business day. If the time period prescribed or
				referred to is less than seven days, only days when the offices of the
				Department are open shall be included in the computation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.05 - Definitions

Current through Register 1525, July 5, 2024
As used throughout
				310 CMR 3.00, the following
				terms shall have the following meanings, unless the context clearly indicates
				otherwise:
Commissioner
means the Commissioner or
				Acting Commissioner of the Department.
Department
means the Massachusetts
				Department of Environmental Quality Engineering.
Director
means the Director or Deputy
				Director of the Department's Division of Water Pollution Control.
Person
means any agency or political
				subdivision of the Federal government or the Commonwealth, or any state, public
				or private corporation or authority, any individual, trust, firm, joint stock
				company, partnership, association, or other entity, and any officer, employee
				or agency of said person, and any group of said persons.
Public record
means any record made or
				received by any officer or employee of any agency, executive office,
				department, board, commission, bureau, division or authority of the
				Commonwealth, or of any authority established by the General Court to serve a
				public purpose, and which is a public record pursuant to M.G.L. c. 4, § 7,
				cl. 26, as may be amended from time to time.
Record
means a book, paper, map,
				photograph, recorded tape, financial statement, statistical tabulation, or any
				other documentary material or data, regardless of physical form or
				characteristics.
Trade secret
means anything tangible
				which constitutes, represents, evidences or records a secret scientific,
				technical, merchandising, production, manufacturing, or management information,
				design, process, procedure, formula, invention, method or improvement. Without
				limiting the generality of the foregoing, this definition shall include
				anything which is a trade secret pursuant to M.G.L. c. 266, § 30(4), as
				may be amended from time to time. This definition shall not include:
(1) anything which is "personal data" pursuant to M.G.L. c.
				66A, § 1, as may be amended from time to time.
(2) anything which is "criminal offender record information"
				pursuant to M.G.L. c. 6, § 167, as may be amended from time to
				time.
(3) anything which is "evaluative information" pursuant to
				M.G.L. c. 6, § 167, as may be amended from time to time.
(4) anything which is "intelligence information" pursuant to
				M.G.L. c. 6, § 167, as may be amended from time to time.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.10 - Availability of Public Records to the General Public

Current through Register 1525, July 5, 2024
All records made or received by any officer or employee of the
				Department shall be public records and shall be available for disclosure to the
				general public on request pursuant to 310 CMR 3.10 through 3.19, except the
				following:
(1) all records
			 specifically excluded from the definition of "public record" pursuant to M.G.L.
			 c. 4, § 7, cl. 26.
(2) all
			 trade secrets the disclosure of which would not be in compliance with M.G.L. c.
			 21, § 27(7); M.G.L. c. 21C, § 12; M.G.L. c. 21I, § 20; M.G.L. c.
			 21E, § 12; M.G.L. c. 111, §§ 142B and 142D, M.G.L. c. 21I,
			 § 20; or
			 310 CMR
			 3.20 through 3.39.
(3) all records which are "criminal offender
			 record information", "evaluative information", or "intelligence information"
			 pursuant to M.G.L. c. 6, § 167, as may be amended from time to time, the
			 disclosure of which would not be in compliance with M.G.L. c. 6, §§
			 167 through 178, as may be amended from time to time.
(4) all records which are "personal data"
			 pursuant to M.G.L. c. 66A, § 1, as may be amended from time to time, the
			 disclosure of which would not be in compliance with M.G.L. c. 66A, as may be
			 amended from time to time.
(5) all
			 records specifically or by necessary implication exempted from disclosure by
			 any other statute.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.11 - Processing Requests for Disclosure of Public Records

Current through Register 1525, July 5, 2024
In compliance with M.G.L. c. 66, § 10, the Department
				shall, at reasonable times and without unreasonable delay, permit any person,
				under the supervision of Department personnel, to inspect and examine any
				public record which is in the custody of the Department and not described in
				310 CMR
				3.10(1) through (5); and the
				Department shall furnish one copy of such record on request and on payment of a
				reasonable fee. Every person for whom a search of public records is made shall
				pay the actual expense of such search. Unless more time is reasonably required
				to properly determine whether the records in question are subject to disclosure
				as public records or exempt from disclosure, the Department shall comply with a
				written request to inspect or copy a public record within ten days after the
				Department actually receives the request. Whenever a cost or fee is established
				or determined by the Commissioner of Administration, said cost or fee shall be
				paid to the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.12 - Presumption of Availability

Current through Register 1525, July 5, 2024
Whenever there is a doubt, question or dispute about whether
				particular records are subject to disclosure as public records or exempt from
				disclosure, there shall be a presumption that the records in question are
				public records. This presumption may be overcome upon a specific showing by the
				person requesting confidentiality that the records in questionare trade
				secrets, or are otherwise exempt from disclosure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.13 - Determinations to be Made by the Commissioner or Director

Current through Register 1525, July 5, 2024
Whenever there is a doubt, question or dispute about whether
				any particular record is subject to disclosure as a public record or exempt
				from disclosure, and whenever any person requests that any particular record be
				deemed a trade secret or otherwise be deemed confidential and exempt from
				disclosure, the Department shall be deemed to have resolved such doubt,
				question or dispute, and such request shall be granted or denied, only in
				accordance with a written determination signed by:
(1) the Commissioner in the case of a record
			 made by or submitted to the Department pursuant to any Massachusetts statute
			 other than M.G.L. c. 21, §§ 26 through 53; or
(2) the Director, in the case of a record
			 made by or submitted to the Department pursuant to M.G. L. c. 21, §§
			 26 through 53.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.14 - Effect of Requests for Confidentiality

Current through Register 1525, July 5, 2024
Whenever any person requests in writing that particular records
				be deemed trade secrets or otherwise be deemed confidential and exempt from
				disclosure, such records shall be treated as confidential and shall not be
				deemed public records until the Department has approved or denied the request
				pursuant to
				310 CMR
				3.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.15 - Postponing Denial of Confidentiality Pending Appeal

Current through Register 1525, July 5, 2024
Whenever the Department denies a request to deem records
				confidential and not public records, such denial shall take effect only ten
				days after the date thereof so that any person aggrieved by said denial may
				appeal to another State agency with jurisdiction over the subject matter
				thereof, or to a court. During this ten-day period, the records in question
				shall be treated as confidential and shall not be deemed public records. This
				ten-day period may be extended by the Department in extraordinary situations.
				Any extension shall be in writing and signed pursuant to
				310 CMR
				3.13. 310 CMR 3.15 shall not apply to trade
				secret claims made pursuant to M.G.L. c. 21I and 310 CMR 3.30 through
				3.39.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.16 - Separability of Records

Current through Register 1525, July 5, 2024
Whenever parts of records are trade secrets or otherwise exempt
				from disclosure, the Department shall make every reasonable effort to separate
				the parts that are exempt from disclosure from the parts that are public
				records so that the parts which are public records can be disclosed without
				prejudicing the confidentiality of the parts which are exempt from
				disclosure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.20 - Protecting the Confidentiality of Trade Secrets

Current through Register 1525, July 5, 2024
Anything which the Department determines to be a trade secret
				shall not be deemed to be a public record and shall be exempt from disclosure
				to the general public on request. Such determinations shall be subject to
				310 CMR
				3.12,
				3.13,
				and 3.20 through 3.39.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.21 - When Trade Secrets May be Disclosed by the Department

Current through Register 1525, July 5, 2024
Notwithstanding any provision of
				310 CMR
				3.20 or 3.30 to the contrary, a trade secret
				shall always be subject to disclosure by the Department
(1) to the extent necessary to comply with
			 the Federal Solid Waste Disposal Act, as revised by the Resource Conservation
			 and Recovery Act, as may be amended from time to time.
(2) to the extent necessary to comply with
			 M.G.L. c. 21, § 27(7) and the Federal Clean Water Act, as amended,
			 33 U.S.C.
			 1251
et seq
.
(3) to the extent necessary to comply with
			 M.G.L. c. 21E, § 12 and the Comprehensive Environmental Response,
			 Compensation, and Liability Act of 1980,
			 42
			 U.S.C. 9601
et
			 seq
.
(4) to the extent
			 necessary to comply with M.G.L. c. 111, §§ 142B and 142D.
(5) to the extent necessary for any
			 enforcement action, whether criminal or civil, judicial or
			 administrative.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.22 - Trade Secrets Subject to Confidentiality

Current through Register 1525, July 5, 2024
A trade secret may be treated as confidential and not as a
				public record only if it was submitted to the Department
(1) because such submittal was required to
(a) comply with a statute, regulation, or
			 order, or
(b) to obtain a license,
			 permit, or other required approval, or
(c) obtain a government contract, financial
			 aid, or other benefit, or
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.23 - Criteria for Determining a Trade Secret

Current through Register 1525, July 5, 2024
In determining whether a record is a trade secret, the
				Department shall apply the following criteria:
(1) The extent to which the trade secret is
			 known by persons other than the person submitting the record in
			 question.
(2) The extent to which
			 the trade secret is known by employees of the person submitting the record in
			 question, and others involved in that person's business.
(3) The extent to which measures are taken by
			 the person submitting the record in question to guard the secrecy of the trade
			 secret.
(4) The value of the trade
			 secret to the person submitting the record in question and to that person's
			 competitors.
(5) The amount of
			 effort in developing the trade secret.
(6) The ease or difficulty with which the
			 information could be properly acquired or duplicated by others.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.24 - Requests for Protecting the Confidentiality of Trade Secrets

Current through Register 1525, July 5, 2024
No record shall be deemed a trade secret unless a person
				requests the Department in writing to take such action. The request shall be
				made and substantiated as follows:
(1)
			 Each record containing information which is the subject of a confidentiality
			 request shall be clearly marked "CONFIDENTIAL". To assist the Department in
			 complying with
			 310 CMR
			 3.16, persons shall separately submit
			 confidential portions of otherwise nonconfidential records. If submitted
			 separately, the record which is the subject of a confidentiality request shall
			 be clearly marked "CONFIDENTIAL".
(2) The request for confidentiality shall be
			 supported with the following information, which shall be treated as a public
			 record:
(a) The time period for which
			 confidential treatment is desired.
(b) The reason the record was provided to the
			 Department, and the date of submittal.
(c) Everything the person has done to meet
			 the criteria in
			 310 CMR
			 3.23.
(d) The extent to which the person requesting
			 that the record be kept confidential has disclosed the contents of that record
			 to other persons.
(e) A list of all
			 other Federal, State and local agencies to which the same record or contents
			 thereof has been submitted, which of them have been requested to keep that
			 record confidential, the status of the requests, and a copy of the responses by
			 said agencies or the courts to the requests.
(f) How making the record a public record
			 would harm the person requesting confidentiality and why such harm should be
			 deemed substantial.
(g) If the
			 record was submitted voluntarily and not in compliance with a regulation or
			 order of the Department or a court, whether and if so why making the record a
			 public record would tend to lessen the availability to the Department of
			 similar records in the future.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.25 - Procedure for Acting on Requests for Protecting the Confidentiality of Trade Secrets

Current through Register 1525, July 5, 2024
The Department shall act on a confidentiality request subject
				to the following provisions:
(1) If
			 the Department has received a request to inspect or copy a record which is the
			 subject of a confidentiality request on which the Department has not made a
			 final decision, the Department shall notify
(a) the person who made the request to
			 inspect or copy the record that
1. the record
			 in question is the subject of a pending confidentiality request, and therefore
			 not a public record,
2. the request
			 to inspect or copy is initially denied, and
3. a final decision will be made when the
			 Department determines whether the record in question is entitled to
			 confidentiality as a trade secret.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.26 - Reconsidering Confidentiality Determinations

Current through Register 1525, July 5, 2024
If the Department determines that newly discovered information
				or changed circumstances make it appropriate for the Department to reconsider
				and possibly modify a prior grant of confidentiality, the Department shall so
				notify the person who submitted the record to the Department. The notice shall
				give the person a reasonable period of time to substantiate, pursuant to
				310
				CMR 3.24, keeping the record in question
				confidential. The amount of time originally established in the notice may be
				reasonably extended by the Department. After this time has passed, or after the
				Department has received a written response from the person requesting
				confidentiality, whichever occurs first, the Department shall make a new
				determination whether the record in question shall be deemed either
				confidential or a public record. 310 CMR 3.26 shall not apply to trade secret
				claims made pursuant to M.G.L. c. 21I and 310 CMR 3.30 through
				3.39.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.27 - Notice in Department Orders and Forms

Current through Register 1525, July 5, 2024
(1)
			 Every order and every form issued by the Department pursuant to M.G.L. c. 21C
			 or 310 CMR 30.000, shall include the language set out in 310 CMR 3.27(2). No
			 order or form shall be deemed invalid because it does not include said
			 language. This language need not be included in a manifest filled out pursuant
			 to 310 CMR 30.000 or
			 314 CMR
			 8.07(2)(e).
(2) The language referred to in 310 CMR
			 3.27(1) shall be substantially as follows:
You may request the Department to keep confidential part or all
				of any documentary material or data submitted to the Department if such
				material or data, if made public, would divulge a trade secret. If no such
				request accompanies the material or data at the time they are submitted to the
				Department, they shall be public records and shall be available for inspection
				and copying by the public without further notice to you. Information covered by
				such a request shall be disclosed by the Department to the extent authorized by
				applicable statutes and
				310 CMR 3.00. You are advised
				to read
				310 CMR 3.00 carefully before
				making such a request because only certain material or data may properly be the
				subject of such a request.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.29 - Transition Provisions Governing Trade Secrets

Current through Register 1525, July 5, 2024
(1) Any record received by the Department
			 pursuant to M.GL. c. 21C on or before December 31, 1982 shall, after that date,
			 be deemed a public record and not confidential, without further notice to any
			 person, unless:
(a) on or before December 31,
			 1982 the Commissioner has made a formal written determination that a record
			 specifically identified in the determination shall be deemed confidential and
			 not a public record, or
(b) on or
			 before December 31, 1982 the Department has received a written request to keep
			 confidential records specifically identified in the request, and the request is
			 still pending on that date.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.31 - Purpose, Authority, and Applicability

Current through Register 1525, July 5, 2024
310 CMR 3.30 through 3.39, cited collectively as 310 CMR 3.30,
				are promulgated pursuant to the authority granted to the Department by M.GL. c.
				21I, §§ 3 and 20. The purpose of 310 CMR 3.30 is to ensure that
				public access to, and the confidentiality of, documents submitted to the
				Department pursuant to MGL. c. 21I or
				310 CMR
				50.00, are in conformity with M.GL. c. 21Iand
				310 CMR
				50.00, and all other applicable statutes and
				regulations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.32 - Definitions

Current through Register 1525, July 5, 2024
As used in 310 CMR 3.30, the following terms shall have the
				following meanings, unless the context clearly indicates otherwise:
Commissioner
means the Commissioner of
				the Department of Environmental Quality Engineering or his designee.
Toxic
means any toxic as defined in
				M.G.L. c. 21I and
				310 CMR 50.10.
Toxic or hazardous substance
means any
				toxic or hazardous substance as defined in M.G.L. c. 21I and
				310 CMR 50.10.
Toxics
means toxics as defined in
				M.G.L. c. 21I and
				310 CMR 50.10.
Toxics user
means any toxics user as
				defined in M.G.L. c. 21I and
				310 CMR 50.10.
Trade secret
means any formula, plan,
				pattern, production data, device, information, or compliation of information
				which is used in a toxics user's business, and which gives said toxics user an
				opportunity to obtain an advantage over competitors who do not know or use
				it.
Trade secret claimant
means any toxic
				user who makes a trade secret claim in accordance with M.G.L. c. 21I and 310
				CMR 3.30.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.33 - General Provisions for Making Trade Secret Claims

Current through Register 1525, July 5, 2024
(1) A toxics user making a trade secret claim
			 shall submit two copies of the required documents to the department, one with
			 the information for which a trade secret claim is being made which conceals
			 that information, and one in an envelope marked "Confidential" containing the
			 information for which a trade secret claim is being made, which the department,
			 during the pendency of the trade secret claim, shall keep in the secured
			 storage area as referenced in
			 310
			 CMR 3.35. Any toxics user concealing the
			 specific chemical identity of any toxic or hazardous substance shall, in the
			 place on the nonconfidential copy where the chemical identity would normally be
			 included, include the generic class or category of the toxic or hazardous
			 substance.
(2) No toxics user
			 required to submit information under M.G.L. c. 21I or
			 310 CMR
			 50.00 may claim that the information is entitled to
			 protection as a trade secret under 310 CMR 3.30 unless such toxics user shows
			 each of the following:
(a) such toxics user
			 has not disclosed the information to anyone else, other than a member of a
			 local emergency planning committee as defined by EPCRA, an officer or employee
			 of the United States or a state or local government, an employee of such toxics
			 user, or anyone who is bound by a confidentiality agreement, and such toxics
			 user has taken reasonable measures to protect the confidentiality of such
			 information and intends to continue to take such measures; and
(b) The information is not required to be
			 disclosed, or otherwise made available to the public under any other federal or
			 state law;
(c) Disclosure of the
			 information is likely to cause substantial harm to the competitive position of
			 such toxics user; and
(d) The
			 commissioner determines that the information constitutes a trade secret based
			 on the criteria set forth in
			 310 CMR
			 3.23.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.35 - Procedures to be Followed During Pendency of Trade Secret Claim

Current through Register 1525, July 5, 2024
(1) With respect to concealed information for
			 which a trade secret claim has been made but not finally denied, the Department
			 may:
(a) use such information, aggregated
			 with other information in such a manner as to maintain the confidentiality of
			 the information claimed as a trade secret, to carry out responsibilities under
			 M.G.L. c. 21I or
			 310 CMR
			 50.00. The department may include such aggregated
			 information in the publicly available database required by M.G.L. c.
			 21I;
(b) disclose such information
			 when the department is required to do so to comply with federal law or
			 regulation, and so long as the department gives notice of the requirement to
			 the toxics user prior to complying.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 3.00 - Access To And Confidentiality Of Department Records And Files › Section 3.36 - Penalties

Current through Register 1525, July 5, 2024
(1) Anyone who is not authorized to have
			 access to, or who is not authorized to disclose information submitted to the
			 department under the authority of M.G.L. c. 21I,
			 310 CMR
			 50.00, or 310 CMR 3.30, but who knowingly and
			 willfully uses, divulges or discloses to anyone else such information in a
			 manner not authorized by M.G.L. c. 21I, 310
CMR 50.00
,
			 or 310CMR 3.30, shall be in violation of M.G.L.c. 21Iand 310,CMR50.00, and
			 shall be subject to the penalties established in M.G.L. c. 21I, §
			 21(B).
(2) If the commissioner
			 determines, pursuant to
			 310 CMR
			 3.34, the information claimed as a trade
			 secert is not a trade secret, and that the trade secret claim is or was
			 frivolous, then the trade secret claimant shall be subject to a civil penalty
			 not to exceed $25,000 per trade secret claim. The commissioner may assess the
			 penalty in accordance with M.GL. c. 21 A, § 16 or may request the attorney
			 general to bring an action in any court of competent judisdiction in the
			 commonwealth to assess and collect the penalty.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 4.00 - TIMELY ACTION SCHEDULE AND FEE PROVISIONS › Section 4.01 - Purpose, Authority, and General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 310 CMR 4.00 is to provide for
			 the orderly and efficient administration of the regulatory programs
			 administered by the Department through the establishment of schedules for
			 timely action on permit applications, permit application fees, and annual
			 compliance assurance fees, thereby contributing to the protection of the public
			 health and safety and of the environment; and to otherwise implement the
			 provisions of M.G.L. c. 21A, § 18 and M.G.L. c. 21E, § 3B. Except to
			 the extent specifically provided, nothing in
			 310 CMR 4.00 shall be
			 construed to affect any rights, duties, or obligations established by any
			 statute or by any regulation promulgated by the Department.
(2)
Authority
.
			 310 CMR 4.00 is adopted
			 pursuant to M.G.L. c. 21A, § 18 and M.G.L. c. 21E, § 3B and M.G.L. c.
			 131, § 40.
(3)
Effective Date
.
(a)
									310 CMR 4.00 shall take effect
			 on November 9, 1990. Pursuant to M.G.L. c. 21A, § 18(m),
			 310 CMR
			 4.03,
			 4.04,
			 4.05
			 and
			 4.10
			 shall not be in effect in any fiscal year in which appropriations for ordinary
			 maintenance of the Department from state funds other than the environmental
			 challenge fund and the environmental permitting and compliance assurance fund
			 do not exceed the baseline figure set forth in M.G.L. c. 21A, §
			 18(m).
(b) Notwithstanding 310 CMR
			 4.01(3)(a),
			 310 CMR 4.00 as applicable to
			 permits under M.G.L. c. 21E, shall take effect on October 1, 1993, and shall be
			 effective relative to these permits regardless of the level of fiscal year
			 appropriations.
(c) Pursuant to
			 M.G.L. c. 21A, § 18(j), the Department shall review all fees and schedules
			 established pursuant to
			 310 CMR 4.00 on or before July
			 1, 1992, and shall by regulation adjust fees and schedules as necessary to
			 reflect changes in regulatory requirements, technologies, the nature and cost
			 of the Department's permitting and compliance activities, and improvements in
			 the Department's practices and procedures.
(d) Notwithstanding 310 CMR 4.01(3)(c) and
			 pursuant to M.G.L. c. 21E, § 3B, on or before July 1, 1994 and on or
			 before July first of every third year thereafter, the Department shall review
			 all fees and schedules established pursuant to
			 310 CMR 4.00 as applicable to
			 permits for M.G.L. c. 21E sites or vessels (hereinafter referred to as sites)
			 and shall by regulation adjust fees and schedules as necessary to reflect
			 changes in regulatory requirements, technologies, the nature and cost of the
			 Department's permitting and compliance activities, and improvements in the
			 Department's practice and procedure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 4.00 - TIMELY ACTION SCHEDULE AND FEE PROVISIONS › Section 4.05 - Alternative Project-specific Schedules and Fees

Current through Register 1525, July 5, 2024
(1)
Applicability
.
			 The provisions of 310 CMR 4.05 shall apply:
(a) to permit applications and projects
			 within categories designated in
			 310
			 CMR 4.10 (Appendix) as individual rule
			 projects; or
(b) to permit
			 applications and projects, except those pursuant to M.G.L. c. 21E, and 310 CMR
			 40.0000:
Massachusetts Contingency Plan
and except Notices of
			 Intent pursuant to M.G.L. c. 131, § 40, and
			 310
			 CMR 4.10(8)(n), for which
			 the Department finds that due to the size, novelty, complexity, or technical
			 difficulty of the project
1. the amount of
			 work required by the Department in processing the permit application will
			 exceed by a factor of two or more the amount of work assumed as the basis in
			 establishing the permit application fee for such permits set forth in
			 310
			 CMR 4.10 (Appendix), and
2. the work required of the Department can
			 not be completed within the schedule for timely action set forth for such
			 permits in
			 310
			 CMR 4.10 (Appendix). The Department shall
			 provide written notice of such finding to the applicant within 30 days of
			 receiving the permit application and payment of the application fee. The notice
			 shall contain a statement of the basis for the Department's determination and a
			 summary of the provisions of 310 CMR 4.05.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 4.00 - TIMELY ACTION SCHEDULE AND FEE PROVISIONS › Section 4.06 - Adjudicatory Hearing Filing Fee

Current through Register 1525, July 5, 2024
(1)
Filing Fee
.
(a) Any
			 person filing a notice of claim for an adjudicatory appeal before the
			 Department shall pay a filing fee of $100.00. Exemptions from the filing fee
			 are defined in the first sentence of Person at
			 310 CMR
			 4.02.
(b) The filing fee for a simplified hearing
			 as described in
			 310
			 CMR 1.01(8)(a)2. is $25.00
			 on or after November 3, 1995. Where a filing fee of $100.00 has been received
			 and the Department conducts a simplified hearing, the Department will refund
			 $75.00.
(c) The required form and
			 manner of payment shall be specified by the Department as an element of notice
			 of any right to request an adjudicatory hearing.
(d) Failure to pay the filing fee shall be a
			 ground for dismissal of the request for hearing.
(e) The Department shall refund the filing
			 fee for appeals of enforcement orders or administrative penalties when the
			 Department withdraws the order or penalty or renders a final decision wholly in
			 favor of the person requesting the appeal. The Department shall not refund the
			 filing fee for appeals of permits or for appeals of enforcement orders or
			 administrative penalties where the terms of an order are revised or the amount
			 of a penalty is reduced.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 4.00 - TIMELY ACTION SCHEDULE AND FEE PROVISIONS › Section 4.08 - Public Record Fees

Current through Register 1525, July 5, 2024
Fees for providing public records shall be determined in
				accordance with
				950 CMR
				32.00: Public Records Access.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 4.00 - TIMELY ACTION SCHEDULE AND FEE PROVISIONS › Section 4.09 - Targeted Technical Assistance Fees

Current through Register 1525, July 5, 2024
(1)
General
. The provisions of 310 CMR 4.09 shall apply to
			 specifically targeted seminars, training sessions, and written materials, or
			 other forms of technical assistance in which participation is voluntary. The
			 Department may charge fees for attendance at, participation in, or receipt of
			 such specifically targeted technical assistance in accordance with the
			 provisions of 310 CMR 4.09. The Department may waive a portion of the fee to
			 enable public officials or students to attend training sessions or seminars or
			 receive materials at reduced cost.
(2)
Determination of
			 Fee
.
(a)
Costs
. In establishing a fee for any specifically
			 targeted technical assistance event or written material, the Department may
			 consider its actual costs for developing, producing, or making such assistance
			 available, including without limitation.
1.costs for development, preparation, testing
			 and evaluation, and presentation, in the form of staff time or incurred
			 expense;
2.design, printing,
			 copying, and mailing costs;
3.reasonable costs associated with obtaining
			 necessary facilities or equipment; and
4.reasonable costs associated with providing
			 meals or refreshments for seminar or training session participants, where
			 appropriate.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 4.00 - TIMELY ACTION SCHEDULE AND FEE PROVISIONS › Section 4.10 - Appendix: Schedules for Timely Action and Permit Application Fees

Current through Register 1525, July 5, 2024
(1)
General
.
(a) Unless otherwise specifically provided in
			 310 CMR 4.10, timely action schedules and application fees in effect on the day
			 the application is filed, shall apply to that application.
(b) The following permit category sets as
			 established in 310 CMR 4.10 effective January 1, 1991 are consolidated
			 effective July 1, 1992: WP 06 and 07, WP 08 and 09, WP 21 and 22, WP 23 and 24,
			 WP 35 and 36; IW 03 and 04, IW 05, 06 and 07, IW 08 and 09, IW 10 and 11, IW 13
			 and 14, IW 12 and 15, IW 16 and 17, IW 18 and 19, IW 21 and 22.
For reviews pending on July 1, 1992 in categories WP 06, 08,
				21, 23, 35, IW 03, 05, 06, 08, 10, 12, 14, 16, 18, 21, the applicant may upon
				issuance of that permit, file an application in the consolidated category. The
				consolidated category timely action schedule and permit application fee amount
				for such application shall be that which would have been applicable prior to
				July 1, 1992 for the remaining permits of the set.
Permit categories WS13 and 14 and WS15 and 16 are consolidated
				effective July 1, 1993. For reviews pending on July 1, 1993 in WS 13 or 15, the
				applicant may upon issuance of that permit, file an application in the
				consolidated category. The schedule and fee amount for such application shall
				be that which would have been applicable prior to July 1, 1993 for the
				remaining permit of the set.
(c)
State Agency
			 Applicants
. For state agency applicants, any permit application
			 fee of $100 or less shall be waived as representing an administrative expense
			 associated with transfer of funds between state agencies that is a substantial
			 portion of the fee. Notwithstanding the prior sentence, fees pursuant to M.G.L.
			 c. 21E shall be required of state agency applicants.
(d)
Refund
. The
			 Department shall notify applicants and allow submission of an application for a
			 refund within 30 days for those permit applications filed on January 1, 1992
			 through June 30, 1992 with a review pending on July 1, 1992, and for which a
			 reduced fee may have been available if the application had been filed on or
			 after July 1, 1992. The amount of the refund, if any, shall be the difference
			 between the old and new fee. 310 CMR 4.10(1)(d) shall not apply to individual
			 rule and alternative schedule projects.
(e)
Index and Key
BUREAU OF AIR AND WASTE
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.01 - Authority

Current through Register 1525, July 5, 2024
310 CMR
				5.00 is promulgated by the Commissioner of the
				Department pursuant to the authority granted by M.G.L. c. 21A, §§
				2(28) and 16; by M.G.L. c. 30A, §§ 2 and 3; and by St. 1985, c. 95,
				§§ 2 and 3.
				310 CMR
				5.00 should be read together with M.G.L. c. 21A,
				§ 16, which has many important substantive requirements not repeated in
				310 CMR
				5.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.02 - Purpose

Current through Register 1525, July 5, 2024
310 CMR
				5.00 is intended to:
(1) promote protection of public health,
			 safety, and welfare, and the environment, by promoting compliance, and
			 deterring and penalizing noncompliance, with laws, regulations, orders,
			 licenses, and approvals to which
			 310 CMR
			 5.00 apply.
(2) assure that the Department assesses civil
			 administrative penalties, and otherwise implements M.G.L. c. 21A, § 16,
			 lawfully, fairly, and consistently.
(3) enhance the Department's ability and
			 effectively:
(a) administer its present and
			 future programs.
(b) enforce laws,
			 regulations, orders, licenses, and approvals to which
			 310 CMR
			 5.00 apply.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.03 - Applicability

Current through Register 1525, July 5, 2024
310 CMR
				5.00 applies to every law the Department has the
				authority or the responsibility to enforce, and to every regulation, order,
				license, and approval issued or adopted by the Department. This includes laws,
				regulations, orders, licenses and approvals now in effect or enacted, issued,
				or adopted, or otherwise put into effect, in the future.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 5.00 - Administrative Penalty › Section 5.04 - Severability

Current through Register 1525, July 5, 2024
It is hereby declared that the provisions of
				310 CMR
				5.00 are severable, and if any provision hereof or the
				application thereof to any person or circumstance is held invalid, such
				invalidity shall not affect other provisions hereof or applications thereof
				which can be given effect without the invalid provision or
				application.