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The 192nd General Court of the Commonwealth of Massachusetts

Section 16J: New or modified discharge into ocean sanctuaries; notice; hearing; decision; effective date

Section 16J. Upon receipt of an application for a new or modified discharge, the department shall provide public notice, an opportunity for comment and shall hold a public hearing on the application. Individual notice shall be provided to all municipalities bordering the affected sanctuary. Following the public hearing, the department shall prepare a proposed final decision and provide public notice of the proposed final decision, including individual notice to any person commenting on the application and to all municipalities bordering the affected sanctuary. The proposed final decision shall take effect within 30 days of the public notice unless any person aggrieved by the decision requests an adjudicatory hearing prior to the expiration of the 30 days. Following an adjudicatory hearing, the commissioner of environmental protection shall make the final decision and provide notice to all parties. The final decision shall take effect within 30 days, unless an appeal is taken under section 14 of chapter 30A prior to the expiration of the 30 days.