314 CMR, § 21.06 - Modification, Revocation, Termination, and Renewal of a Watershed Permit

(1) The Department may propose and determine to modify or revoke any Watershed Permit, in whole or in part, for cause including, but not limited to, violation of the permit, obtaining the permit by misrepresentation, or failure to disclose fully all relevant facts or any change in or discovery of conditions relevant to the permit. Revocation of a permittee's coverage shall operate as a termination of the Watershed Permit with respect to that permittee and the terms of 310 CMR 15.215(2)(d) requiring Title 5 system upgrades and Best Available Nitrogen Reducing Technology for New Construction shall become effective in the watershed area for each permittee to whom the termination is applicable. Termination of a permit because

(a) its term expires without attainment of the Necessary Nitrogen Load Reductions and

(b) it has not been continued pursuant to 314 CMR 21.07 or renewed pursuant to 314 CMR 21.06(5), will cause the requirements of 310 CMR 15.215(2)(d) for system upgrades and New Construction to become effective in the watershed area to which the termination applies.

(2) If the Watershed Permit operated to suspend the effectiveness of any applicable Title 5 upgrade or New Construction requirements under 310 CMR 15.215(2), then within 28 days of the Department issuing a notice of termination for cause and any other termination that operates to invoke the mandatory Title 5 upgrade and New Construction requirements in 310 CMR 15.215(2)(d), the Department will publish notice of the termination and that the mandatory Title 5 upgrade and New Construction requirements in 310 CMR 15.215(2)(d) are invoked, effective on the date the Department issues the notice of termination to the Local Government Unit. The Department shall publish notice of the termination and invocation of the Title 5 upgrade and New Construction requirements: in the forthcoming Environmental Monitor; on the Department's website; in the town hall where similar notices are published; and in a local or regional newspaper with the largest readership distribution within the area that may be affected by the requirements. In municipalities with Environmental Justice Populations where the preceding method for publishing public notice does not specifically serve the Environmental Justice Population(s), the Department must also provide the preceding notice to at least one additional news organization that primarily serves the Environmental Justice Population(s) within the area that may be affected by the designation. The public notice shall be translated into other languages that are prevalent in areas with persons of limited English proficiency.

(3) The Department may modify the permit at the request of the permittee upon a showing, satisfactory to the Department, that the requested modification is appropriate in view of circumstances for which the permittee is not at fault.

(4) The Department shall process a significant modification or revocation of the Watershed Permit in the same manner as an application for a Watershed Permit under 314 CMR 21.04, but the public comment period for significant modifications will be limited to 30 days. Unless otherwise determined by the Department, significant permit modifications are those that would materially change:

(a) the permit's required pollutant load reductions and require an extension in the permit schedule or a permit renewal to achieve the revised reductions;

(b) the method or technology to achieve Necessary Nitrogen Load Reductions if such method or technology was not part of the approved Watershed Management Plan; or

(c) the timeframe to achieve said reductions. Unless otherwise determined by the Department, other modifications are minor modifications and not subject to the requirements of 314 CMR 21.04. The Department may revise a Watershed Permit to accommodate minor modifications. Only the significant permit modifications shall be subject to a request for an adjudicatory hearing pursuant to 314 CMR 21.11. Significant permit modifications shall not be implemented until the Department issues the revised Watershed Permit that includes those modifications.

(5) Renewal of a Watershed Permit shall be processed in accordance with the provisions of 314 CMR 21.03 through 21.05, except as provided in 314 CMR 21.06(5)(c).

(a) The Department may renew a Watershed Permit.

(b) To seek renewal, the permittee must file an application for renewal at least six months before the expiration date of the existing Watershed Permit.

(c) The Department shall not renew a Watershed Permit if the proposed Watershed Management Plan provided with the renewal application does not provide for attainment of Necessary Nitrogen Load Reductions.

(d) If the Department withdraws a draft permit renewal, in accordance with 314 CMR 21.04(2)(c), the existing permit will remain in effect in accordance with 314 CMR 21.07.

(6) The Department may modify, revoke, reissue, or terminate a Watershed Permit it issued prior to the effective date of these regulations, consistent with the terms of these regulations, the previously issued permit, and the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53.

Notes

314 CMR, § 21.06

Adopted by Mass Register Issue 1499, eff. 7/7/2023.