314 CMR, § 8.04 - Additional Standards and Requirements for RCRA Facilities

(1) No person shall operate a RCRA facility, as defined in 314 CMR 8.00, except in accordance with the applicable standards of 314 CMR 8.04 and the terms and conditions of a permit issued under 314 CMR 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge Permit Program.

(2) Except for wastewater treatment units permitted under 314 CMR 3.00: Surface Water Discharge Permit Program and existing RCRA facilities operating under the interim status provisions of RCRA, no person shall construct, operate, or maintain a RCRA facility unless the construction, operation and maintenance of said RCRA facility is specifically authorized in a permit issued under 314 CMR 3.00: Surface Water Discharge Permit Program and 5.00: Groundwater Discharge Permit Program.

(3) No person operating an existing RCRA facility, other than a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program, shall continue such operation after the conclusion of a permit proceeding under 314 CMR 8.07 and 2.00: Permit Procedures unless authorized to do so by a permit resulting from that proceeding.

(4) From October 15,1983, until the applicable date specified in 314 CMR 8.04(6), any person who owns or operates an existing RCRA facility other than a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall comply with the interim status standards of 314 CMR 8.08.

(5) Any person who owns or operates a RCRA facility that is a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall comply with the standards of 314 CMR 8.05.

(6) Any person who owns or operates an existing RCRA facility other than a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall:

(a) comply with the application requirements of 314 CMR 8.07; and

(b) comply with the standards of 314 CMR 8.06 beginning on the date specified in a discharge permit issued under 314 CMR 2.00: Permit Procedures and 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge Permit Program.

(7) The requirements of 314 CMR 8.04 are in addition to any requirements established pursuant to 314 CMR 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge Permit Program.

(8) The failure of a permittee or permit applicant to comply with the requirements of 314 CMR 8.04 constitutes grounds for revocation or denial of a wastewater discharge permit pursuant to 314 CMR 2.10: Modification, Suspension, Revocation and Renewal of Permits and General Permit Coverage.

Notes

314 CMR, § 8.04

Amended by Mass Register Issue 1327, eff. 12/2/2016.