310 CMR 7.51 U Hearings Relative to Orders and Approvals

• Library: Code of Massachusetts Regulations
• Edition: 2020
• Currency: Current through Register Vol. 1433, December 25, 2020
• Citation: 310 CMR 7.51
• Year: 2020

(1) Rules to Request an Adjudicatory Hearing.

(a) Definitions. Unless otherwise indicated, the definitions in 310 CMRAir Pollution Control310 CMR 7.00 apply to 310 CMR 7.51(1) and (3). Where a term is defined in 310 CMRAir Pollution Control310 CMR 7.00 and 7.51(1), the definition in 310 CMR 7.51(1) controls for purposes of 310 CMR 7.51(1) and (3) Adjudicatory Hearing or Hearing means a hearing under M.G.L. c. 30A, where parties may present evidence on issues of fact and argument on issues of law, and which is concluded by the Commissioner's issuance of a final decision pursuant to 310 CMR 310 CMRAdjudicatory Proceeding Rules for the Department of Environmental Protection1.01(14) Decisions. Aggrieved Person means any person who because of an act or failure to act by the Department, may suffer an injury in fact that is different either in kind or magnitude from that suffered by the general public, and that is within the scope of the interests protected by 310 CMRAir Pollution Control310 CMR 7.00. Applicant means the person named in the application as the owner or operator of the proposed facility or emission unit. Application means any request by a person for a permit, a plan approval, an emission control plan, a restricted emission status, an operating permit, an emission reduction credit or other approval issued by the Department pursuant to 310 CMRAir Pollution Control310 CMR 7.00. Approve or Approval means the approval or approval with conditions of an application for a permit, a plan approval, an emission control plan, a restricted emissions status, an operating permit, an emission reduction credit or other type of approval issued by the Department pursuant to 310 CMRAir Pollution Control310 CMR 7.00. Disapprove or Disapproval means the disapproval or denial by the Department of an application for a permit, a plan approval, an emission control plan, a restricted emissions status, an operating permit, an emission reduction credit or other type of application made to the Department pursuant to 310 CMRAir Pollution Control310 CMR 7.00. Decision means the Department's action to approve or disapprove of an application pursuant to 310 CMRAir Pollution Control310 CMR 7.00. Date of Issuance means the date the Department sends the decision to an applicant. Person means any individual partnership, association, firm, syndicate, company, trust, corporation department, authority, bureau, agency, political subdivision of the Commonwealth, law enforcement agency, fire fighting agency, or any other entity recognized by law as the subject of rights and duties. Request for Adjudicatory Hearing means the notice of claim for an adjudicatory hearing that is filed with the Office of Administrative Dispute Resolution in accordance with the requirements in 310 CMR 310 CMRAdjudicatory Proceeding Rules for the Department of Environmental Protection1.01: Adjudicatory Proceedings.

(b) Applicability. The provisions of 310 CMR 7.51(1) apply to any person(s) who submitted an application to the Department after March 9, 2018, and who is seeking to request an adjudicatory hearing to review any Department decision on an application submitted pursuant to 310 CMRAir Pollution Control310 CMR 7.00, except as exempted in 310 CMR 7.51(1)(c).

(c) Exemptions. No person or ten persons group may file a request for an adjudicatory hearing pursuant to the requirements in 310 CMR 7.51(1) for the following actions:1. Administrative orders issued by the Department for violations of any provision of 310 CMRAir Pollution Control310 CMR 7.00 that shall be appealed within ten days of issuance pursuant to the procedures and requirements of 310 CMR 7.51(3). 2. Administrative penalty assessments issued pursuant to M.G.L. c. 21A, § 16 and 310 CMRAdministrative Penalty310 CMR 5.00: Administrative Penalty for violations of any provisions of 310 CMRAir Pollution Control310 CMR 7.00 shall be appealed in accordance with the provisions of 310 CMR 310 CMRAdjudicatory Proceeding Rules for the Department of Environmental Protection1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection and 310 CMRAdministrative Penalty310 CMR 5.00. 3. Tunnel Ventilation Certifications issued by the Department pursuant to 310 CMR 310 CMRCertification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District7.38 that require appeals to Superior Court. 4. Approvals or disapprovals or portions of approvals or disapprovals, issued by the Department pursuant to 40 CFR 40Prevention of significant deterioration of air quality52.21(PSD). 5. Notifications, certifications and other submittals to the Department on which the Department does not issue decisions including, but not limited to, the certification required pursuant to 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(7)(c), Facility Emission Cap Notifications pursuant to 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(11), notifications regarding demolition/renovation operations pursuant to 310 CMR 310 CMRU Dust, Odor, Construction, and Demolition7.09, notifications regarding asbestos abatement activities pursuant to 310 CMR 310 CMRU Asbestos7.15 notifications and certifications pursuant to 310 CMR 310 CMRU Organic Material Storage and Distribution7.24, and/or...