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Public Hearing Notice: 310 CMR 10.00 & 310 CMR 1.00
THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF RESOURCE PROTECTION
NOTICE OF PUBLIC HEARING Notice is hereby given that the Department of Environmental Protection, under its authority pursuant to M.G.L. Chapter 131, Section 40 and in conformance with M.G.L. Chapter 30A, will hold a public hearing on a new proposed regulation, 310 CMR 10.00, Massachusetts Wetland Protection Regulations, and amendments to 310 CMR 1.00, MassDEP Adjudicatory Hearing Regulations..
The regulatory changes are designed to provide for timely and fair adjudicatory hearings in wetland appeals. Under the current regulations many wetland appeals take more than a year to resolve. The purpose of the proposed changes is to avoid unnecessary delay in the wetland appeal process. The revisions limit the parties that may initiate an appeal, requires parties to present their evidence early in the proceedings and establishes a six month deadline for the appeal to be resolved. Under the proposed new regulations, MassDEP will hear and decide these appeals in-house using its experienced staff and counsel, retaining the option to transfer cases to the Division of Administrative Law appeals on a case-by-case basis where timely resolution of a matter will benefit from DALA's assistance.
Public hearings will be conducted to receive public comment, both oral and written, on the proposed regulation.
The public hearing site is wheelchair accessible. This information is available in alternative format upon request by contacting Donald M. Gomes, DEP's ADA coordinator, at (617) 556-1057, TDD Service 1-800-298-2207, One Winter Street, Boston, MA 02108.
Testimony may be presented orally and/or in writing at the public hearing. Following the hearing, written testimony will be accepted until 5:00 p.m. on Monday, August 20, 2007. The Department requests that written testimony be submitted electronically via e-mail to: MacDara.Fallon@state.ma.us. Written testimony may also be sent to: MacDara Fallon, Department of Environmental Protection, Office of general Counsel, One Winter Street, Boston, MA 02108.
Copies of the regulation and background document will be available for inspection during normal business hours at the Department of Environmental Protection, One Winter Street, Boston, MA. In addition, these documents will be available on DEP's website at:
http://mass.gov/dep/service/regulations/newregs.htm
By order of the Department.
Arlene O'Donnell, Acting Commissioner |
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