Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 19.000 - Solid Waste Management
Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS
Section 19.042 - Authorization to Operate
Universal Citation: 310 CMR 19.000 MA Code of Regs 19.042
Current through Register 1531, September 27, 2024
(1) General. No person shall operate a facility, or if a new or existing facility is developed in phases, operate in any new phase of a facility, without a valid authorization to operate issued by the Department in writing.
(2) Transfer Station Exclusion. 310 CMR 19.042(1) does not apply to a transfer station, except a C&D waste transfer station.
(3) Filing. The applicant shall file a request for an authorization to operate in writing with the Department in the appropriate Regional Office.
(4) Issuance. An authorization to operate shall only be issued after the Department is persuaded by the applicant that:
(a) appropriate
financial assurance has been secured in accordance with
310 CMR
19.051;
(b) as-built plans, signed and stamped by a
registered professional engineer, have been submitted where required by the
Department;
(c) the deed notice
regarding the authorization to construct a solid waste facility has been
recorded or registered as required pursuant to
310 CMR
19.041(6); and
(d) the construction of the facility or phase
thereof is complete and the facility is operational. For the purposes of 310
CMR 19.042 a facility shall be considered complete when:
1. the facility has been constructed and
prepared in conformance with the approved design plan required under
310 CMR
19.030(3), including the
recycling and composting components of that plan;
2. the ditches, drains, roads, fences, water
lines, collection systems, and other appurtenances shown on the approved plans
are complete and functional;
3. all
equipment needed for normal operation of the facility is available and fully
operational;
4. all site
preparation for the first six months of operation of a new facility or
appropriate period for the phase, if applicable, is completed;
5. sufficient number of qualified staff and
supervision is available to carry out the normal operation and maintenance of
the facility in accordance with approved plans;
6. approved recycling and composting
activities will be implemented as approved in accordance with an implementation
schedule approved by the Department;
7. the applicant has provided proof of
receipt of all applicable other state, local and federal permits that are
required for the operation of the facility; and
8. the facility is otherwise in compliance
with all applicable portions of 310 CMR 19.000.
(5) Renewal of an Authorization to Operate.
(a)
General. An operator planning to continue to use a
facility after the expiration date, if any, of the authorization to operate
established pursuant to 310 CMR 19.042 shall:
1. submit an application for renewal of an
authorization to operate, at least 180 days prior to the date of expiration,
which shall include all appropriate information relating to the operation of
the facility including, without limitation,
a.
a discussion of any changes in operation and monitoring of the facility during
the previous authorization period;
b. a narrative summary of the monitoring data
for the prior five years of operation;
c. a report covering the entire monitoring
history of the facility including a detailed outline of the facility's
monitoring program, all monitoring results organized in a clear and concise
table with an explanation of any missing or non-representative data, an
analysis of any trends, any proposals for upgrading the monitoring program, and
a discussion of monitoring results;
d. a report containing information on
leachate generation rates and the management or fate of that leachate, changes
in operation and equipment, operational problems and proposed solutions, and
plans to upgrade or improve facility operations to better comply with
environmental laws and regulations and a record of all violations of
requirements of 310 CMR 19.000 or permit conditions during the authorization
period;
e. a determination, with
documentation, of the remaining approved capacity or life expectancy of the
facility;
f. documentation that the
facility has been and will continue to be meeting its recycling and waste
restriction requirements;
g.
adequate financial assurance has been established; and
h. a demonstration that the facility is
operating in compliance with all applicable requirements of 310 CMR
19.000.
2. notify the
municipality in which the facility is located as well as the municipalities
that are under contract to the facility.
(b)
Issuance. The
Department, upon review of a renewal application, shall determine whether the
applicant has satisfactorily complied with all terms, conditions and
requirements of the facility permit, the expiring authorization to operate and
310 CMR 19.000.
1. If the Department
determines that the applicant has complied hereunder, the authorization to
operate may be reissued.
2. If the
Department determines that the applicant has not complied hereunder, or other
circumstances exist which indicate noncompliance with any provisions of 310 CMR
19.000 or the permit or any authorizations, the Department shall take
appropriate action to secure compliance including, but not limited to, a denial
of reissuance. If the Department refuses to renew the authorization the
permittee shall have a right to a hearing in accordance with M.G.L. c. 30A,
§ 13.
(c)
Conditions and Terms of a Renewal. The Department may
include all conditions of the original authorization to operate and pursuant to
310
CMR 19.036 may establish new conditions for
the authorization to operate based on the owner's and operator's record of
compliance with applicable laws and regulations, the site assignment, plan
submissions, public health and environmental impacts of the facility, revisions
of 310 CMR 19.000, the facility financing requirements and remaining capacity
of the facility.
(6) Enforcement. The issuance of an authorization to operate shall not limit the Department's right to take enforcement actions, including, without limitation, the suspension, revocation or modification of the permit or revocation of the authorization to operate, if any provision of 310 CMR 19.000 or any condition of the permit, authorization to operate or any order issued by the Department is violated.
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