310 CMR, § 36.29 - Permit Amendments, Suspensions and Terminations

(1) Without limitation, the Department may amend, suspend or terminate any permit, after notice and opportunity for hearing, if it determines that:

(a) the permit holder has violated any provisions of M.G.L. c. 21G, the permit, these or other applicable regulations, or a Department Order;

(b) such action is necessary for the promotion of the purposes of M.G.L. c. 21G;

(c) the safe yield of, or other indications of stress on, the water source requires such action for the protection of public health, safety and welfare; or

(d) The permit holder no longer owns or has access to the property on which the withdrawal point(s) listed in the permit is located.

(2) A permit holder, who seeks to amend a permit during the term of the permit to decrease permitted volume, change the location of a withdrawal point, add a withdrawal point, change the authorized withdrawal rate for an individual withdrawal point, change the location of a discharge point(s), or otherwise amend a permit shall submit an application to the Department on a form provided by the Department.

(a) For requests to add a withdrawal point or increase the authorized withdrawal rate from an individual withdrawal point, the applicant shall provide public notice as required in 310 CMR 36.23.

(b) For all other amendments, the Department shall publish notice of the amendment application in the Environmental Monitor within 30 days of receipt of the application and accept written comment on the amendment application for 30 days from publication in the Environmental Monitor.

(c) The applicant shall provide a written response, if requested by the Department, to any comments submitted to the Department.

(d) An amendment application is not complete until the applicant has responded to all written comments as requested by the Department following the comment period.

(3) A permittee that wants to request an increase in total permitted withdrawal volume shall submit a permit application as described in 310 CMR 36.18 through 36.24.

(4) Each request by a permittee for a permit amendment shall be accompanied by the applicable fee established by 310 CMR 4.00: Timely Action Schedule and Fee Provisions.

Notes

310 CMR, § 36.29

Amended by Mass Register Issue 1273, eff. 11/7/2014.