310 CMR, § 19.030 - Application for a Solid Waste Management Facility Permit

(1) General. Any person intending to construct, operate or maintain a solid waste management facility shall file an application for a permit.

(2) Application. An application for a permit shall contain sufficient information so that the Department can evaluate whether the application meets the applicable review criteria at 310 CMR 19.038 and at a minimum shall include:

(a) a completed application on a form as may be provided by the Department;

(b) such additional or alternative information as required in other parts of 310 CMR 19.000 governing the permitting of specific types of solid waste management facilities.

(c) applicant identification which shall include such information and documentation as the Department deems necessary to fully identify all persons having a legal or financial interest in, or operational responsibility for, the site or facility; those persons' legal status; those persons' prior ownership or operating history of solid waste facilities; and other relevant information regarding the applicant's competency to own and/or operate a facility;

(d) a solid waste management facility plan ("Plan") for the particular type of solid waste management facility that includes such maps, data, information and documents as required in the applicable facility specific regulations. The Plan shall, at a minimum, be comprised of the following components:

1. a site plan which shall include such maps, diagrams, reports and other information the Department deems necessary to accurately locate the proposed site and facility, identify its geographical characteristics, identify the zoning of the site, and evaluate the potential impact of the construction and operation of the proposed facility on surrounding land uses, traffic flow, surface water bodies, wetlands, water supplies, and flood zones;

2. a waste ban plan as required at 310 CMR 19.017(5);

3. a facility design plan which shall provide such diagrams, reports, studies and other information as the Department deems necessary to evaluate the feasibility and potential impacts of the facility on public health, safety and the environment. The facility design plan shall address all aspects of the facility design and shall include:

a. a detailed description of the type and size of the proposed facility;

b. the nature and amount of refuse to be handled on a daily and weekly basis;

c. a detailed description of the design of the facility, including recycling and composting components, site improvements and all systems and other appurtenances thereto necessary to comply with:

i. the operation and maintenance requirements;

ii. the closure and post-closure requirements; and

iii. permit approval criteria;

d. provision to minimize the impacts of site and facility construction; and

e. other design provisions the Department deems necessary on a site or facility specific basis to ensure proper design;

4. an operation and maintenance plan which shall provide such diagrams, reports, studies, and other information as the Department deems necessary to evaluate the ability of the proposed operation and maintenance procedures to ensure good solid waste management practices and to protect public health and safety and the environment. The operation and maintenance plan shall include:

a. a detailed description of the proposed waste handling methods and techniques, and sequence of operations for the facility;

b. a description of the procedures to be employed to comply with the operation and maintenance requirements for the specific type of facility and the permit approval criteria;

c. a detailed description of the environmental monitoring and sampling protocols and procedures and inspection and maintenance of the environmental monitoring systems;

d. a tracking and reporting system by which the Department can verify compliance with recycling requirements and with bans on acceptance of certain types of solid waste or recyclable materials which have been imposed pursuant to 310 CMR 19.017 and are in effect at the time the permit is granted;

e. a compliance and inspection plan to ensure operation of the facility is in compliance with the permit and all applicable regulations; and

f. other operation and maintenance provisions that the Department deems necessary on a site or facility specific basis to ensure proper operation and maintenance;

5. a closure and post-closure plan which shall provide such diagrams, reports, studies and other information as the Department deems necessary to describe and evaluate the procedures the applicant proposes to use to close the facility and maintain and care for the site during the post-closure period in a manner that minimizes the impacts to public health and safety and the environment. A closure and post-closure plan shall include:

a. a description of the activities, and the sequence of activities necessary to close the facility;

b. a description of measures to be utilized to comply with the closure and post-closure requirements set forth in 310 CMR 19.045 and other applicable sections of 310 CMR 19.000;

c. a description of proposed subsequent use of the site and/or facility, if any; and

d. other provisions that the Department deems necessary on a site or facility specific basis to ensure proper closure of the facility.

(e) a public health report, if any, as submitted by the Department of Public Health pursuant to the Site Assignment Regulations, 310 CMR 16.17: Application Review by the Department of Public Health;

(f) sufficient documentation that the proposed facility will be located within the boundaries of a valid site assignment;

(g) sufficient documentation that:

1. the MEPA process does not apply;

2. the MEPA process does apply and the Secretary has determined that an Environmental Impact Report is required; or

3. the MEPA process has already been completed and the Secretary has issued a certificate or a determination that no EIR is required.

(3) Filing and Confidentiality.

(a) The applicant shall file one copy of the application or registration with the Department in the appropriate Regional Office.

(b) Any information submitted pursuant to 310 CMR 19.000 may be claimed as confidential by the applicant in accordance with the provisions of 310 CMR 3.00: Access to and Confidentiality of Department Records and Files, except information regarding the name and address of the permittee and data related to the potential impact of the proposed activity on public health, safety and the environment.

(4) Variance. The application shall clearly state whether a variance is requested, as provided in 310 CMR 19.080.

(5) Presentation of Information. Information set forth in the application for a permit shall be current, presented clearly and concisely using forms, as may be provided by the Department, and supported by appropriate references to technical and other documents made available to the Department. The application shall contain sufficient data and other relevant information to allow the Department to determine, independent of additional information, whether to issue the Permit.

(6) Signatory. An application shall be signed and certified in accordance with 310 CMR 19.011(1).

(7) Engineering Supervision. All papers pertaining to design, construction, operation, maintenance, or engineering of a site or a facility shall bear the seal and signature of a Massachusetts registered supervising engineer or other applicable person as required at 310 CMR 19.011(2).

Notes

310 CMR, § 19.030