As used in
310 CMR 4.00, the following
terms shall have the following meanings, unless the context otherwise clearly
requires.
Adjudicatory Hearing. A hearing
conducted by the Department pursuant to
310 CMR
1.00:
Adjudicatory Proceedings, in an
adjudicatory proceeding as defined in M.G.L. c. 30A.
Administrative Completeness Review
. An
administrative review of a permit application to determine whether all required
elements of the application have been provided by the applicant, as further
described in
310 CMR
4.04(2)(b)1.
Applicant
. A person who applies for or
who is required to apply for a permit from the Department or any of its
Divisions, or on whose behalf a permit application is made or required.
Commissioner
. The Commissioner of the
Department, or his or her designee.
Department
. The Department of
Environmental Protection.
Facility
. Any site or works at which
an activity subject to regulation by the Department occurs, has occurred, or is
proposed to occur.
Homeowner. A homeowner is an owner
occupant of a residential one to four family structure who has provided a
written certification on a Department approved form, and whose structure has
been used exclusively as a one to four family residence throughout his or her
ownership, where the owner's unit is the owner's principal residence for six or
more months of the year and the owner is conducting response actions at the
residence in response to a release of oil.
Individual Rule Project
. A project
within a category which, based on the size, novelty, complexity, or technical
difficulty of such projects, has been so classified in
310
CMR 4.10.
Permit
. Any permit, license,
certificate, formal determination, registration, plan approval, variance,
statement, opinion, notification, plan or other approval issued by or required
by the Department or any of its divisions, pursuant to any statute or
regulation.
Permit Application. Any application,
filing, notification, or other submittal of materials in the required form to
the Department to initiate a permit.
Permittee
. Any person authorized to
conduct any activity or business pursuant to a permit issued by or filed with
the Department. For the purpose of implementing
310 CMR
4.03:
Annual Compliance Assurance
Fee and M.G.L. c. 21E, § 3B, paragraph 3, as in effect on July 1,
2004, permittee shall also refer to persons, excluding agencies of the
Commonwealth, who are performing response actions at sites or have been issued
a final order to perform, or have been assessed a penalty for failure to
perform, such response actions. For purposes of M.G.L. c. 21A, § 18, the
holder of a permit or a suspended permit is a permittee until the permit
expires, is formally relinquished by the holder in accordance with the
Department's requirements, or is revoked by the Department.
Person
. Any individual, trust, firm,
public or private corporation or authority, partnership, association or other
entity or any group thereof or any officer, employee, or agent thereof,
including the Commonwealth and the federal government and any agency or
authority thereof, but not including any city, town, county, or district of the
Commonwealth, federally recognized indian tribe housing authority effective,
effective January 14, 1994, or any municipal housing authority. Notwithstanding
the prior sentence, for purposes of M.G.L. c. 21E and 310 CMR 40.0000:
Massachusetts Contingency Plan permit fees and timely action
schedules, person shall mean any agency or political subdivision of the federal
government or the Commonwealth, state, public or private corporation or
authority, any interstate body, foreign nation, any individual, trust, firm,
joint stock company, partnership, association or other entity, and any officer,
employee, or agent of such person, and any group of persons. Effective July 1,
2000, the Massachusetts Bay Transportation Authority shall not pay permit or
compliance fees pursuant to M.G.L. c. 161A, § 24.
Presumptive Approval
. An approval
created when the Department does not, on or before a date specified in the
program regulations, issue a written statement of deficiencies or a written
decision. In instances of presumptive approval, the Department is not required
to issue a written decision.
Project
. Any coordinated program of
work or activity, whether located at a single contiguous site, or occurring or
proposed or planned to occur at a number of sites; including without limitation
any facility, or construction, demolition, modification, or operation of
buildings or works, or engaging in any other activity for which a permit as
defined in 310 CMR 4.02 is required.
Public Comment Review
. A review on the
merits of the permit application, supporting materials, and any other
information provided during the course of public comment on the proposed
decision to grant or deny the permit, as further described in
310 CMR
4.04(2)(b)4.
Supplemental Technical Review
. A
review on the merits of the permit application and supporting materials, as
supplemented, modified, or amended by the applicant in response to a statement
identifying deficiencies in the application and supporting materials, as
further described in
310 CMR
4.04(2)(b)3.
Technical Review
. An initial review on
the merits of the permit application and supporting materials, as further
described in
310 CMR
4.04(2)(b)2.
