120.830 - Conditions of Licenses

120.830. Conditions of Licenses

(A) Each person licensed by the Department pursuant to 105 CMR 120.800 shall confine possession and use of materials to the locations and purposes authorized in the license.

(B) The Operator shall not treat, store or dispose of waste until the Operator has received written notification from the Department that the Department has inspected the facility and has found it to be in conformance with the design and construction described in the application for a license.

(C) The Operator shall be subject to the provisions of M.G.L. c. 111H, and to all rules, regulations, and orders of the Department. The terms and conditions of the license are subject to amendment, revision, or modification, by reason of amendments to, or by reason of rules, regulations, and orders issued in accordance with the terms of M.G.L. c. 111H.

(D) The Department may incorporate in any license at the time of issuance, or thereafter, by appropriate rule, regulation or order, additional requirements and conditions with respect to the Operator's receipt, possession, treatment, storage, or disposal of waste as it deems appropriate or necessary in order to protect public health, safety or environment.

(E) The Department may require tests, reports and the keeping of records, and provide for such inspections of activities under the license that may be necessary or appropriate to effectuate the purposes of M.G.L. c. 111H and 105 CMR 120.800.

(F) The Department may issue orders to assure compliance with 105 CMR 120.800, or to cease activity in violation of 105 CMR 120.800; it may revoke, suspend or modify licenses and impose a civil penalty or have the Attorney General bring an action to restrain, prevent or enjoin any conduct prohibited by 105 CMR 120.800 or compel action ordered by the Department as shall be stated in 105 CMR 120.016: Enforcement.

(G) Each Operator shall notify the Department in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 (Bankruptcy) of the United States Code by or against:

(1) The Operator;

(2) An entity (as that term is defined in 11 U.S.C. § 101(14)) controlling the Operator or listing the license of Operator as property of the estate; or,

(3) An affiliate (as that term is defined in 11 U.S.C. § 101(2)) of the license.

Such notification shall indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition.

(H) A license issued under 105 CMR 120.800, or any right thereunder, may not be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Department finds, after securing full information, that the transfer is in accordance with the provisions of M.G.L. c. 111H and 105 CMR 120.800 and the Department gives its consent in writing in the form of a license amendment.

(I) The Operator shall submit written statements under oath upon request of the Department, at any time before transferring of the license, to enable the Department to determine whether the license should be modified, suspended, or revoked.

(J) The license may be transferred to the Board upon the full implementation of the facility closure plan as approved by the Department, and completion of post-closure observation and maintenance in accordance with 105 CMR 120.800.

(K) The authority to treat, store, and dispose of wastes expires on the date stated in the license. Any expiration date on a license applies only to the site operations activities and to the authority to treat, store, and dispose of waste. Failure to renew the license shall not relieve the Operator of responsibility for implementing site closure, post-closure observation and maintenance, or transfer of the license to the Board.

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