310 CMR, § 4.01 - Purpose, Authority, and General Provisions
(1)
Purpose. The
purpose of
310 CMR 4.00 is to provide for
the orderly and efficient administration of the regulatory programs
administered by the Department through the establishment of schedules for
timely action on permit applications, permit application fees, and annual
compliance assurance fees, thereby contributing to the protection of the public
health and safety and of the environment; and to otherwise implement the
provisions of M.G.L. c. 21A, § 18 and M.G.L. c. 21E, § 3B. Except to
the extent specifically provided, nothing in
310 CMR 4.00 shall be
construed to affect any rights, duties, or obligations established by any
statute or by any regulation promulgated by the Department.
(2)
Authority.
310 CMR 4.00 is adopted
pursuant to M.G.L. c. 21A, § 18 and M.G.L. c. 21E, § 3B and M.G.L. c.
131, § 40.
(3)
Effective Date.
(a)310 CMR 4.00 shall take effect
on November 9, 1990. Pursuant to M.G.L. c. 21A, § 18(m),
310 CMR
4.03,
4.04,
4.05
and
4.10
shall not be in effect in any fiscal year in which appropriations for ordinary
maintenance of the Department from state funds other than the environmental
challenge fund and the environmental permitting and compliance assurance fund
do not exceed the baseline figure set forth in M.G.L. c. 21A, §
18(m).
(b) Notwithstanding 310 CMR
4.01(3)(a),
310 CMR 4.00 as applicable to
permits under M.G.L. c. 21E, shall take effect on October 1, 1993, and shall be
effective relative to these permits regardless of the level of fiscal year
appropriations.
(c) Pursuant to
M.G.L. c. 21A, § 18(j), the Department shall review all fees and schedules
established pursuant to
310 CMR 4.00 on or before July
1, 1992, and shall by regulation adjust fees and schedules as necessary to
reflect changes in regulatory requirements, technologies, the nature and cost
of the Department's permitting and compliance activities, and improvements in
the Department's practices and procedures.
(d) Notwithstanding 310 CMR 4.01(3)(c) and
pursuant to M.G.L. c. 21E, § 3B, on or before July 1, 1994 and on or
before July first of every third year thereafter, the Department shall review
all fees and schedules established pursuant to
310 CMR 4.00 as applicable to
permits for M.G.L. c. 21E sites or vessels (hereinafter referred to as sites)
and shall by regulation adjust fees and schedules as necessary to reflect
changes in regulatory requirements, technologies, the nature and cost of the
Department's permitting and compliance activities, and improvements in the
Department's practice and procedure.
(4)
Applicability
(a) The annual compliance assurance fees
established in
310 CMR
4.03 shall apply to all permittees described
therein beginning with July 1, 1990.
(b) The permit application fees and schedules
for timely action established in
310 CMR
4.04,
4.05
and
4.10
shall apply to permit applications described therein that are filed on or after
January 1, 1991.
(c) The
adjudicatory hearing filing fee established in
310 CMR
4.06 shall apply to adjudicatory hearing
requests based on actions taken by the Department on or after January 1,
1991.
(d) Notwithstanding 310 CMR
4.01(4)(a), (b), or (c) fees and schedules established pursuant to M.G.L. c.
21E shall apply as follows:
(5)
Computation of
Time. Unless otherwise specifically provided by statute or
310 CMR 4.00, any time period
prescribed or referred to in
310 CMR 4.00 or in any action
taken pursuant to
310 CMR 4.00 shall begin with
the first day following the act which initiates the running of the time period,
and shall include every calendar day, including the last day of the time period
so computed. When an action ending a time period has been completed, the next
action may begin on the same day with the combined review day being counted as
the last day of the completed review period or periods, if more than one review
period is completed on the same day. If the last day is a Saturday, Sunday,
legal holiday, or any other day on which the Department's offices are closed,
the deadline shall run until the end of the next business day. If the time
period described or referred to is seven days or less, only days when the
offices of the Department are open shall be included in the computation. Where
used, the term working days shall refer to any full day on which the Department
office is open for public business.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.