06-096 C.M.R. ch. 856, § 5 - Persons Who Shall Apply for and Obtain Licenses

A. Any person who proposes to own or operate a waste facility for hazardous waste shall, prior to establishment, construction or operation of the facility, apply for and obtain a license as required by this Chapter.

B. Any person who proposes to continue to own or operate a waste facility for hazardous waste for which an interim license is in force shall apply for and obtain a license as required by this Chapter.

C. Any person who proposes to alter the design, construction or operation of a licensed waste facility for hazardous waste shall, prior to alteration of the facility, apply for and obtain approval from the Department for the alteration. Approval of an alteration, if granted, will ordinarily be by amendment to the license and may be with or without conditions.

D. Any person who proposes to undertake or institute a substantial modification to a licensed hazardous waste facility shall, prior to undertaking or instituting the modification, apply for and obtain a license for the modification as required by this Chapter.

E. Where the owner and the operator are not the same person, either may obtain the license but both shall, by signing the certification on the application form, sign and certify the application.

F. Any person who owns or operates a facility for hazardous waste under interim or final license which closes and is subject to post-closure requirements of 06-096 C.M.R. ch. 854 or 06-096 C.M.R. ch. 855 shall apply for and obtain from the Board a post-closure care license prior to closure of the facility. The denial of a license for the active life of a facility or unit does not affect the requirement to obtain a post-closure license under this section. Approval of a post-closure license, if granted by the Board, may be with or without conditions. The owner or operator shall obtain a license or licenses during the entire post-closure care period. Owners or operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under 06-096 C.M.R. ch. 855 shall obtain a post-closure license unless they can demonstrate to the Board that the closure met the standards for closure by removal or decontamination under 06-096 C.M.R. ch. 854. The demonstration must be made as part of an application for a post-closure license, based upon information in the application. License processing procedures govern the review and final determination regarding the demonstration. At a minimum, the post-closure license must address applicable ground water monitoring, unsaturated zone monitoring, corrective action, and post-closure care requirements of 06-096 C.M.R. ch. 854. In the case of a license application for post-closure care only, the requirements of Sections 10(A) and 10(K) of this Chapter apply.

Notes

06-096 C.M.R. ch. 856, § 5