Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part II - BOARD OF HEALTH PUBLIC HEARINGS › Section 16.20 - Public Hearing Rules

Current through Register 1525, July 5, 2024
(1)
Preamble
. "Public Hearings" pursuant to M.G.L. c. 30A
				are not "Adjudicatory Proceedings" within the meaning of M.G.L. c. 30A, §
				1.
See
M.G.L. c. 30A, § 2. Pursuant to M.G.L. c. 111,
				§ 150A, however, "for the limited purpose of appeal from such public
				hearings, a local board of health shall be deemed to be a state agency under
				the provisions of M.G.L. c. 30A and its proceedings and decision shall be
				deemed to be a final decision in an adjudicatory proceeding". The public
				hearing process is designed to permit the flexibility and informality
				appropriate to the board of health proceeding, while providing the board of
				health with procedural direction and the authority to create a record and
				render a decision within a limited time period which is amenable to the
				procedures and the standards of judicial review applicable under M.G.L. c. 30A,
				§ 14.
(2)
Applicability
. 310 CMR 16.20, governs the conduct of
				public hearings by a board of health on a Site Assignment Application following
				the issuance of a Report by the Department finding that a proposed site is a
				suitable for a specified type(s) of solid waste facility(ies), as required by
				M.G.L. c. 111, § 150A.
(3)
Public Hearing Definitions
. The following words when
				used in 310 CMR 16.20, shall, except as otherwise required by context, have the
				following meaning:
Abutting Board of Health
means a
				  board of health of a municipality located within ½ mile of a boundary of
				  the proposed site.
Applicant
means person named in the
				  application as the owner of a property interest in the site and the operator of
				  the proposed facility where the owner has entered into an agreement with an
				  operator at the time the application is filed.
Authorized Representative
means
				  individual authorized by a party to represent him in these matters.
Decision
means final decision
				  rendered by the board of health.
Hearing Officer
means an
				  individual(s) duly designated by the board of health to conduct the public
				  hearing.
Papers
means all written
				  communications filed in the public hearing, including motions and other
				  documents.
Party
means the applicant, any
				  abutting board(s) of health and any abutter(s), group of ten citizens or other
				  intervenor duly registered pursuant to 310 CMR 16.20(9)(b).
Person(s)
means a private person,
				  firm, or corporation, or any federal, state, or local governmental or other
				  entity which is not an agency.
Subpoena
means a document which
				  commands a witness to appear at a given time and give testimony before a court
				  or an administrative proceeding such as a hearing; and may require the witness
				  to produce before the hearing tribunal any documents, papers, or records in his
				  possession or control.
(4)
Representation
(a)
Appearance
. An individual may appear on his own
				behalf. A duly authorized officer or employee may represent a corporation; an
				authorized member may represent a partnership or joint venture; and an
				authorized trustee may represent a trust. Any Party in the public hearing shall
				have the right to be accompanied, represented and advised by an authorized
				representative.
(b)
Notice of Appearance
. An appearance shall be made in
				the public hearing by filing a written notice with the board of health or
				Hearing Officer. Such notice shall contain the names, address and telephone
				number of the authorized representative.