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The Massachusetts Department of Environmental Protection (MassDEP) recognizes the value of opinions and information provided by experts and affected constituencies outside the Department. The Department has established various advisory committees to solicit opinions, advice and information from those outside sources on a routine and established basis. It welcomes the participation on its advisory committees of individuals representing different points of view and acknowledges the significant contribution made by such individuals.
The role of the Department's advisory committees is to provide advice and information on broad issues of policy and on generally-applicable regulations and procedures. In all areas the role of the Committee is limited to the provision of such advice and comment; the final decision on any matter remains with the Commissioner.
Specifically excluded from an Advisory Committee's role is advice on specific, individual cases, whether such cases involve permitting, enforcement, administrative appeals or other litigation. To avoid the possibility of violating the conflict of interest law, M.G.L. c.268A, committee members are prohibited from reviewing specific matters including permit applications, enforcement cases, appeals or litigation matters at any time while those matters are pending. Such individual permit, enforcement, administrative appeal or litigation matters are intended by the Department to be outside the scope of the Committee's official responsibility.
Individual Advisory Committee members who have particular questions or concerns regarding their personal circumstances are encouraged to seek advice from the Commonwealth's Ethics Commission.
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Arleen O'Donnell
Acting Commissioner
Date 4/25/07
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