Bill > H695

This bill establishes a Department of Environmental Protection (DEP) appeals board within the executive office of energy and environmental affairs to handle appeals from decisions made by the board of registration of hazardous waste site cleanup professionals or other enforcement personnel. The appeals board will have five members: the chair, who is the secretary of the executive office of energy and environmental affairs or their designee (who must be a full-time employee and not a member of the hazardous waste site cleanup professional board), and four members appointed by the governor for two-year terms. These four appointees must include a licensed hazardous waste site cleanup professional, a representative from an environmental protection organization, a labor representative knowledgeable about oil and hazardous material releases, and a hydrologist with expertise in environmental protection and hazardous material releases, with none of these appointees being members of the hazardous waste site cleanup professional board. The governor's appointees will serve without compensation, and the board can create its own rules, establish appeal fees, and will hold meetings as needed. Individuals aggrieved by a decision can appeal to this new board within 10 days, and the board must hold a hearing within 30 days and issue a decision within 45 days, which can be appealed to the courts under chapter 30A. Importantly, compliance with the original decision is excused during the appeal process unless the appeals board finds an imminent threat to public health, safety, or the environment, in which case the decision can be made provisionally effective.