Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart A - GENERAL PROVISIONS › Section 40.0062 - Procedures for Applying for a Special Project Designation Permit

Current through Register 1525, July 5, 2024
(1)
Contents of Application.
Each application filed with
				the Department shall include, at a minimum, the following:
(a) a completed Transmittal Form for Permit
				Application and Payment using the form established by the Department for such
				purposes;
(b) the applicable
				completed Permit Application using the form established by the Department for
				such purposes;
(c) the applicable
				permit application fee payable pursuant to
				310 CMR
				4.00;
(d)
				certification by the applicant that the application fee has been mailed, or
				hand-delivered to the Department, concurrent with submittal of the
				application;
(e) an indication of
				the specific deadline(s) to be extended under the Special Project Determination
				pursuant to either
				310
				CMR 40.0061(1)(a) or
				(b);
(f) a description of the project that
				includes:
1. its expected duration;
2. an explanation of why a Special Project
				Designation Permit is necessary to successfully implement the
				project,
3. a map of the parcels
				within and the boundaries of the area for which the Special Project Designation
				Permit is sought;
4. a description
				of any planned redevelopment of the parcels within the boundaries of the
				Special Project Designation area, that includes the location, size and use of
				buildings and infrastructure and open space, to the extent known;
5. the Release Tracking Numbers for any known
				releases of oil and/or hazardous material at or from the subject properties
				that have been reported to the Department, a description of the source(s),
				nature and extent of such releases, to the extent identified and characterized,
				including any known or probable Exposure Pathways; and 6. a description of how
				the project meets the criteria in
				310
				CMR 40.0061(3);
(g) a list of any Status Reports,
				Phase Reports, or Completion Statements for any response actions that are in
				progress or have been completed at the time of Special Project Designation
				Permit Application is made that provides a description of the current status
				and projected schedule for completion of response actions in progress and the
				dates on which any completed Reports or Statements were submitted to the
				Department;
(h) a description of
				response actions to be conducted under the Special Project Designation Permit,
				including a proposed schedule, to the extent such actions have been
				planned;
(i) the name, business
				address, and telephone number of the person who will be conducting response
				actions under the Special Project Designation Permit;
(j) when the application is made pursuant to
				310
				CMR 40.0061(1)(b)  and a
				Tier Classification submittal has not been previously submitted to the
				Department, a Tier Classification submittal pursuant to
				310
				CMR 40.0500; notwithstanding
				310
				CMR 40.0501(6), a single
				Tier Classification may be provided for multiple parcels and multiple disposal
				sites within the boundaries of the Special Project Designation area;
(k) justification that an extension of the
				specific deadline(s) sought under the Special Project Designation Permit will
				not compromise the protection of health, safety, public welfare, or the
				environment, based on known and potential risks from releases at or from the
				property(ies) proposed for inclusion in the Special Project Designation and the
				ability to manage known and potential risks throughout the duration of the
				Special Project Designation Permit;
(l) when the applicant is an Eligible Person
				or Eligible Tenant as described in
				310
				CMR 40.0061(2)(b), a letter
				of community support that describes the public benefit(s) of the project
				pursuant to
				310
				CMR 40.0061(3)(f);
(m) when the applicant is a person as
				described in
				310
				CMR 40.0061(2)(b), a
				certification that he or she is an Eligible Person or Eligible Tenant as
				defined in M.G.L. c. 21E and
				310
				CMR 40.0006;
(n) a copy of the public notice as published
				pursuant to
				310
				CMR 40.1403(2)(b)  and 310
				CMR 40.0062(5) containing the date of publication and name of the
				newspaper;
(o) when the applicant
				is not the Chief Municipal Officer of the community(ies) where the proposed
				project is located, a copy of the written notices sent to the Chief Municipal
				Officer(s) and Board(s) of Health as required by 310 CMR 40.0062(5);
(p) a certification by the applicant and the
				person described in 310 CMR 40.0062(1)(i) (if different from the applicant)
				that, except as fully disclosed in the application, he or she is not subject to
				any outstanding administrative or judicial environmental enforcement action
				under any federal, state or local law;
(q) a copy of an access agreement obtained by
				the applicant from each of the persons who own or control the properties
				included in the boundaries of the Special Project Designation area, if
				different from the applicant; and
(r) the certification of the submittal
				required by
				310
				CMR 40.0009 by the applicant and the person
				described in 310 CMR 40.0062(1)(i) (if different from the applicant).