310 CMR, § 36.18 - Applying for a New or Renewed Permit

(1) Each person required to obtain or renew a permit shall file a permit application on forms and in a manner prescribed by the Department. Each application shall be filed according to the procedures outlined in 310 CMR 36.00. Each application shall contain the information required by 310 CMR 36.18 through 36.24 that is applicable to the requested withdrawal.

(a) For new permits, applications may be submitted to the Department at any time.

(b) For permit renewals, at least 12 months, but no sooner than 14 months, prior to the permit expiration date, a permit holder who wishes to renew a permit shall submit an application for renewal.

(c) An application is filed when it is received by the Department.

(2) Where two or more withdrawal points within one water source are controlled by the same person, the permit applicant shall file a single application containing information on each withdrawal point.

(3) For the purposes of calculating the total requested permit volume from each water source, the applicant shall combine the proposed withdrawal from each withdrawal point in that water source so as to arrive at a total proposed water withdrawal from that particular water source. The applicant's requested permit volume shall not include any volumes registered or determined by the Department to be nonconsumptive.

(4) For new permits, prior to or on the same date that the applicant submits a permit application to the Department, the applicant shall submit a copy of the application to the water resources management official in the city or town where the withdrawal point is located.

(5) For new permits, applicants shall submit an Environmental Notification Form to the EOEEA, pursuant to 301 CMR 11.00: MEPA Regulations, no later than ten days after filing an application with the Department, or shall provide evidence of compliance with the requirements of 301 CMR 11.00: MEPA Regulations as described in 310 CMR 36.24.

(6) Applicants shall provide all additional information requested by the Department subsequent to filing a permit application, within the time specified in the Department's request.

(7) The terms and conditions of a permit will continue in force and effect beyond the expiration date pursuant to M.G.L. c. 30A, § 13, if:

(a) the permittee has made a timely application for a permit renewal in accordance with 310 CMR 36.18 through 36.24; and

(b) the Department does not renew the permit or issue a new permit or interim permit on or before the expiration date of the expiring permit, and does not issue a decision denying the renewal application.

(8) Permits administratively continued under 310 CMR 36.18(7) shall remain fully effective and enforceable until the effective date of a permit renewal, interim permit or new permit, or until the renewal application is denied.

Notes

310 CMR, § 36.18

Amended by Mass Register Issue 1273, eff. 11/7/2014. Amended by Mass Register Issue 1487, eff. 1/20/2023. Amended by Mass Register Issue 1491, eff. 1/20/2023.