DEPARTMENT OF ENVIRONMENTAL PROTECTION
Waterways Regulations Program

Notice is hereby given that the Department of Environmental Protection will hold public hearings on proposed amendments to 310 CMR 9.00 and 310 CMR 1.01, acting in accordance with the provisions of M.G.L. c 91, c 30a  ss. 10A and c. 168 of the Acts of 2007.

New sections to the Waterways Regulations, at 310 CMR 9.17, and to the Adjudicatory Proceedings Regulations, at 1.01(7)(f), are proposed to require that a 10-person appeal groups document that at least 5 in the group reside in the same community as the project requirements.  Changes to the Waterways Regulations at 9.12 and 9.32 address the water-dependency of Renewable Energy projects; changes at 9.13, 9.14, 9.17 9.34 and 9.54 address participation by the MA Coastal Zone Management Office; changes at 9.32, 9.07 and 9.10 address eligibility for licensing existing structures within Areas of Critical Environmental Concern. There are also revisions for clarification purposes proposed in the following sections: 9.10, 9.11, 9.13, 9.16, 9.17, 9.18, 9.21, 9.33, 9.35 and updating agency names where they occur in the regulations.  

In March 2007, Governor Deval L. Patrick announced new initiatives to improve the efficiency and effectiveness of environmental regulation in Massachusetts without compromising environmental protection.  The proposed amendments are part of that commitment and are the result of a wide-ranging review the Chapter 91 permitting process kicked off in the spring.

Public hearings will be conducted under the provisions of M.G.L. Chapter 30A on: 

3:00 PM, Thursday, January 3, 2008
Department of Environmental Protection
436 Dwight St, Room B42
Springfield, Massachusetts

9:30 AM, Friday January 4, 2008
Department of Environmental Protection
One Winter St, 2nd Floor
Boston, Massachusetts

4:00 PM, Friday January 4, 2008
Department of Environmental Protection
205B Lowell St
Wilmington, Massachusetts

3:00 PM, Monday, January 7, 2008
Fairhaven Town Hall Auditorium
40 Center St, 2nd Floor
Fairhaven, Massachusetts

Testimony may be presented orally or in writing at the public hearings. Written comments will also be accepted until 5:00 PM on January 17, 2008. Written testimony must be submitted to:

Department of Environmental Protection
Waterways Regulation Program
One Winter St, 5th Floor
Boston, MA 02108
Attn: Andrea Langhauser
Email address: Andrea.Langhauser@state.ma.us

Copies of the proposed regulations and background information will be available for inspection during normal business hours at: the MassDEP/Waterways Program, One Winter Street, Boston, the four regional offices of MassDEP and MassDEP's web site at www.mass.gov/dep.

For special accommodations for these events or hearing information in an alternate format, please contact Aprel McCabe, MassDEP's  ADA Coordinator at 617-556-1171, BAS/HR, 4th Floor, One Winter Street, Boston, MA 02108.      

By Order of the Department
Laurie Burt
Commissioner