06-096 C.M.R. ch. 305, § 17 - Transfers and permit extensions
A.
Applicability
(1) This section
allows an individual permit, general permit or tier review approval issued
under the Natural Resources Protection Act to be transferred from the permittee
to the applicant when the permitted project changes ownership.
(2) This section allows an individual permit,
general permit or tier review approval issued under the Natural Resources
Protection Act to be extended one time provided the approved activity has not
begun and the permit has not expired. This section does not apply to an
extension request for a permit previously extended under this
chapter.
B.
Submissions
(1) For a transfer,
the applicant must submit an affidavit attesting to the fact that the applicant
has received, read, understand and will comply with the terms of the DEP
Order(s) and conditions of approval for the activity.
(2) For a transfer, the applicant must submit
a copy of the DEP Order(s) to be transferred as well as a copy of documents
establishing proof of ownership of the property on which the activity is
located or sufficient title, right or interest to complete the activity in
accordance with the requirements of the permit and the NRPA.
(3) For a transfer, the original permittee
must submit a statement attesting that they agree to the transfer of the permit
to the applicant.
(4) For a
transfer of a project that requires compensation, the applicant must submit
documentation that demonstrates sufficient expertise and financial resources to
complete the approved compensation work, including subsequent monitoring and
corrective actions.
(5) For permit
extensions, a copy of the DEP Order(s) to be extended must be submitted to the
DEP along with a written reason for the extension request.
C.
Definitions. The following
terms, as used in this chapter, have the following meanings, unless the context
indicates otherwise:
(1)
Affidavit. A written declaration made under oath before a notary
public.
(2)
Extension.
A DEP approval to extend an unexpired permit. An extension is valid for 2
years.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. Applicability
(1) This section allows an individual permit, general permit or tier review approval issued under the Natural Resources Protection Act to be transferred from the permittee to the applicant when the permitted project changes ownership.
(2) This section allows an individual permit, general permit or tier review approval issued under the Natural Resources Protection Act to be extended one time provided the approved activity has not begun and the permit has not expired. This section does not apply to an extension request for a permit previously extended under this chapter.
B. Submissions
(1) For a transfer, the applicant must submit an affidavit attesting to the fact that he or she has received, read, understand and will comply with the terms of the DEP Order(s) and conditions of approval for the activity.
(2) For a transfer, the applicant must submit a copy of the order(s) to be transferred as well as a copy of documents establishing proof of ownership of the property on which the activity is located or sufficient title, right or interest to complete the activity in accordance with the requirements of the permit and the NRPA.
(3) For a transfer, the original permittee must submit a statement attesting that he or she agrees to the transfer of his or her permit to the applicant .
(4) For a transfer of a project that requires compensation, the applicant must submit documentation that demonstrates sufficient expertise and financial resources to complete the approved compensation work, including subsequent monitoring and corrective actions.
(5) For permit extensions, a copy of the order(s) to be extended shall be submitted to the Department along with a written reason for the extension request.
C. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:
(1) Affidavit. A written declaration made under oath before a notary public.
(2) Extension. A DEP approval to extend an unexpired permit. An extension is valid for 2 years.