Current through Register 1537, December 20, 2024
(1) An application
for a permit shall not be deemed complete if the Department determines that the
permit application:
(a) fails to provide all
the information required by
310 CMR
36.21 and
36.22
by the date established by the Department for completion of the application,
including any additional information requested by the Department in accordance
with
310 CMR
36.21(7)(f);
(b) fails to demonstrate compliance with MEPA
requirements as applicable;
(c)
fails to demonstrate completion of applicable public notice requirements, as
described in M.G.L. c. 21G and
310 CMR
36.23, or fails to respond to comments as
requested by the Department in accordance with
310 CMR
36.23(6);
(d) fails to demonstrate compliance with a
water resources management plan for any town or city in which the water is to
be used; or
(e) fails to
demonstrate compliance with M.G.L. c. 21, §§ 8B through 8D (the
Interbasin Transfer Act) where applicable.
(2) An application for a new permit, or a
permit renewal, amendment or transfer shall not be complete if the Department
determines that the permit application:
(a)
fails to provide all information required by
310 CMR 36.00 and all
information requested by the Department;
(b) fails to include the applicable fee
established in
310 CMR 4.00: Timely Action
Schedule and Fee Provisions;
(c)
fails to provide evidence of compliance with any relevant permit
conditions;
(d) is not completed by
the applicable date; or
(e)
otherwise fails to comply with M.G.L. c. 21G or
310 CMR 36.00.
(3) The date for completing an
application shall be extended by the Department if it determines that, for
reasons beyond the control of the applicant:
(a) any applicable MEPA requirement cannot be
completed by the date;
(b) public
comment periods set forth
310 CMR
36.23 extend beyond the date; or
(c) any applicable M.G.L. c. 21, §§
8B through 8D (Interbasin Transfer Act) requirement cannot be completed by the
date.
(4) The date for
completing an application may be extended by the Department if it determines
that:
(a) the applicant demonstrates that,
despite reasonable efforts, additional information requested by the Department
after the application is filed cannot be provided within the time specified in
the Department's request; or
(b)
any other conditions exist, which were not caused by the applicant, and which
in the interest of the purposes to be served by M.G.L. c. 21G, require
additional time.
(5) The
Department has no obligation to review an incomplete application.
(6) Without limitation, if the Department
determines that an application is not complete and that the applicant has not
made a good faith effort to complete the application in a timely manner by the
applicable date, it may do one or any combination of the following:
(a) terminate any interim permit issued to
the applicant pursuant to
310 CMR
36.27(2);
(b) require compliance with a plan ordered or
approved by the Department;
(c)
where an application is required by M.G.L. 21G or
310 CMR 36.00, or ordered by
the Department, assess an administrative penalty, in accordance with M.G.L. c.
21G, and M.G.L. c. 21A, § 16; or
(d) deny the permit application pursuant to
310 CMR
36.30(1)(d).