06-096 C.M.R. ch. 523, § 4 - Establishing permit conditions [see 40 CFR 122.43]

(a) In addition to conditions required in all permits (Sections 2 and 3), the Department shall establish conditions, as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of CWA and regulations and State law. These shall include conditions under 38 MRSA, Chapter 3 (duration of permits), Section 7(a) (schedules of compliance), and Section 8(monitoring).

(b)

(1) An applicable requirement is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in 38 MRSA, §414-A(5).

(2) New or reissued permits, and to the extent allowed under 38 MRSA, §414-A(5) modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in Sections 5 and 6.

(c) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

Notes

06-096 C.M.R. ch. 523, § 4