(1)
Items Subject to Conditions. The Department may grant
a permit or an authorization subject to such conditions as are necessary to
ensure compliance with 310 CMR 19.000 or to protect the public health, safety,
or the environment including, without limitation: the period of time for which
a permit or authorization is valid, phased development of construction or
operations, minimum recycling or composting requirements, the kind or type of
waste allowed, site assignment conditions, inspection, financial assurance,
technical data gathering, data analysis, quality control, quality assurance,
sampling, monitoring, reporting and verification.
(2)
Condition(s) on Amount of
Solid Waste Accepted. Every permit or authorization to operate
shall contain one or more limits on the amount of solid waste which the
facility can accept during a fixed period of time, not to exceed one
year.
(3)
Liability. No permit shall be issued except upon the
condition that the holder shall be liable jointly and severally with the owner
or operator for any civil or administrative penalties assessed or orders
entered by the Department arising from any improper facility operation,
maintenance, closure, post-closure or other activities performed in violation
of the Department's regulations and applicable statutes. The Department may, in
its sole discretion, enforce said condition against the holder in any
enforcement action taken pursuant to applicable statutes or regulations.
Nothing in 310 CMR 19.043 shall:
(a) limit the
liability of owners or otherwise legally responsible parties from these or any
other applicable statutes or regulations;
(b) limit the right of the Department to
issue notices, orders, or levy penalties for violations of these and other
applicable regulations or permit conditions, to facility owners, holders, or
otherwise legally responsible parties;
(c) bar any otherwise valid agreement to
insure, hold harmless or indemnify the holder for any liability arising out of
operation of the facility;
(d)
limit the liability of owners or otherwise legally responsible parties for
damages to natural resources of the Commonwealth or reimbursement of the
Commonwealth for any cleanup costs for the facility site incurred by the
Commonwealth; or
(e) affect the
right of the holder to seek contribution from any joint wrongdoer.
(4)
Financial
Conditions. The Department may condition a permit or authorization
on the applicant submitting such proof as the Department deems necessary to
establish that at the time of permit and during the projected operating period
the applicant shall have adequate funds to operate and maintain the facility in
compliance with applicable statutes and regulations and permit conditions. Such
financial conditions may require, without limitation, the periodic submission
to the Department of approved operating budgets and fee schedules and may
compel the cessation of operations and closure of the facility in the absence
of adequate financial ability.
(5)
Standard Conditions. The following conditions shall
apply to all owners and operators:
(a)
Duty to Comply. The owner and operator shall comply at
all times with the terms and conditions of the permit or other approval, 310
CMR 19.000, M.G.L. c. 111, § 150A, and all other applicable state and
federal statutes and regulations, including, but not limited to, the permit
review criteria at
310
CMR 19.038(2)(a)1. through
10.
(b)
Duty to
Maintain. The owner and operator shall always operate and maintain
all facilities, environmental control and monitoring systems, vehicles and
equipment as required by 310 CMR 19.000 or by the facility permit or other
approval.
(c)
Duty to
Halt or Reduce Activity. The owner and operator shall halt or
reduce activity whenever necessary to maintain compliance with 310 CMR 19.000
or the conditions of the permit or other approval, or to prevent an actual or
potential threat to the public health, safety or the environment.
(d)
Duty to
Mitigate. The owner and operator shall remedy and shall act to
prevent all potential and actual adverse impacts to persons or the environment
resulting from non-compliance with 310 CMR 19.000 or terms or conditions of the
permit or other approval. The owner and operator shall repair at his own
expense all damages caused by such non-compliance.
(e)
Duty to Provide
Information. The owner and operator shall furnish to the
Department, within a reasonable time, any information which the Department may
request and which is deemed by the Department to be relevant in determining
whether cause exists to modify, revoke, or suspend a permit or other approval,
or to determine if the owner and operator are complying with 310 CMR 19.000 or
the permit or other approval.
(f)
Entries and Inspections. The owner and operator shall
allow personnel or authorized representatives of the Department, without
warrant, upon presentation of Department- issued identification to enter the
facility to:
1. investigate, sample and
inspect any records, condition, equipment, operation, practice or property at
the facility relating to regulated activities;
2. to determine and enforce compliance with
M.G.L. c. 21A, §§ 2 and 8, St. 1987, c. 584, M.G.L. c. 21H, M.G.L. c.
111, §§ 150A and 150A1/2 and/or 310 CMR 19.000.
(g)
Records. All records and copies of all reports
required by 310 CMR 19.000 shall be kept by the owner or operator for at least
three years. This period shall be automatically extended for the duration of
any enforcement action. This period also may be extended by order of the
Department. All recordkeeping shall be in compliance with
310 CMR
19.009.
(h)
Signatory
Requirement. All reports, and information requested or ordered by
the Department, shall be signed by a responsible official of the owner or
operator in accordance with
310 CMR
19.011(1).
(i)
Duty to Inform.
The owner and operator shall have a continuing duty to immediately:
1. correct any incorrect facts in an
application, report or other document submitted to the Department;
2. report or provide to the Department any
omitted facts which should have been submitted to the Department at any
time;
3. report to the Department,
in advance, each planned change in the facility or activity which might result
in non-compliance with a term or condition or a permit or approval;
4. report to the Department each change in
the information listed in the application filed pursuant to
310 CMR
19.030;
5. report by the next business day any
emergency condition (such as, but not limited to, a fire) that will have an
extended impact on facility operations or pollution control, unless required to
notify on a different schedule in accordance with
310 CMR
19.132 or 310 CMR 40.0000:
Massachusetts Contingency Plan; and
6. notify the Department of any change in the
owner's or operator's name or mailing address.
(j)
Notification of
Bankruptcy. The owner and operator shall notify the Department by
certified mail of the commencement of a voluntary or involuntary proceeding
pursuant to Title 11 (Bankruptcy) of the United States Code in which the owner
or operator is named as debtor within ten days after commencement of the
proceeding.
