310 CMR, § 19.029 - Applicable Permit and Certification Procedures for Construction, Operation, Modification or Expansion of a Solid Waste Management Facility

(1) Use of Permit Procedure at 310 CMR 19.032 . The permit procedure set forth at 310 CMR 19.032 shall be used to review the following:

(a) an application for a new facility;

(b) an application for expansion of a handling facility, including a transfer station;

(c) an application for expansion of a combustion facility;

(d) an application for lateral expansion of a landfill;

(e) an application for vertical expansion of a landfill; or

(f) any other application the Department deems appropriate.

(2) Use of Permit Procedure at 310 CMR 19.033 . Except as specified at 310 CMR 19.029(3) or (4) the permit procedure set forth at 310 CMR 19.033 shall be used to review the following:

(a) an application for a permit modification;

(b) an application for corrective action (including but not limited to assessment);

(c) a closure plan;

(d) a post-closure plan;

(e) an application for post-closure use on the final cover of a landfill or affecting an appurtenance of a facility;

(f) an application for a Beneficial Use Determination; or

(g) any other application the Department deems appropriate.

(3) Use of Presumptive Approval Procedure at 310 CMR 19.034 . Except as specified at 310 CMR 19.029(2) and (4) the presumptive approval procedure set forth at 310 CMR 19.034 shall apply to the following proposed activities or modifications:

(a) any administrative change at a facility;

(b) a post-closure use that:

1. does not affect the facility's appurtenances, or

2. is not located on the final cover of a landfill;

(c) acceptance of a special waste pursuant to 310 CMR 19.061;

(d) a minor operational or equipment change, such as, but not limited to, a change, substitution, or addition of processing equipment (e.g. diesel to electric) or a change in the facility's layout; and

(e) any other activity or modification the Department deems appropriate.

(4) Use of Certification Procedure at 310 CMR 19.035 for Transfer Station (That Is Not a C&D Waste Transfer Station). The certification procedure at 310 CMR 19.035 shall be used for:

(a) the operation of a new or expanded transfer station;

(b) the acquisition of a transfer station (in addition to the certification required pursuant to 310 CMR 19.044);

(c) the modification in the design, construction, operation, maintenance, closure, or post-closure use of a transfer station;

(d) when a certification has not been submitted within the previous five years; or

(e) a transfer station with a valid permit or approval issued prior to February 14, 2014.

Notes

310 CMR, § 19.029