Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 40.0000 - Massachusetts Contingency Plan
Subpart A - GENERAL PROVISIONS
Section 40.0070 - Approval Process for Special Project Designation Permits

Universal Citation: 310 CMR 40.0000 MA Code of Regs 40.0070

Current through Register 1531, September 27, 2024

(1) General. 310 CMR 40.0070, together with 310 CMR 4.04: Permit Applications Schedules and Fee, define the review and approval process for a Special Project Designation Permit Application or a Special Project Designation Permit Modification, Transfer or Extension. The Department shall consider the requirements and criteria at 310 CMR 40.0060, when making a decision to grant or deny a Special Project Designation Permit or a Modification, Transfer or Extension of a Special Project Designation Permit.

(2) Commencement of Schedule. For purposes of 310 CMR 40.0070 and 310 CMR 4.04(2)(a), the computation of time periods shall commence on the day following the day a complete Special Project Designation Permit Application, Modification, Transfer or Extension is received at the appropriate regional office of the Department or on the day following the day the applicable permit application fee is received, as described in 310 CMR 40.0008, whichever occurs later.

(3) A Special Project Designation Permit, or Modification, Transfer or Extension of a Special Project Designation Permit, shall be presumed approved without conditions 36 days from the date of the commencement of the Application time period pursuant to 310 CMR 40.0070(2), unless prior to the end of the 36 day period, the Department provides to the applicant(s) one of the following:

(a) a decision to deny the applicant a Special Project Designation Permit, or Modification, Transfer or Extension of a Special Project Designation Permit, based on the criteria in 310 CMR 40.0063(3) and (4);

(b) a decision to grant the applicant a Special Project Designation Permit, or Modification, Transfer or Extension of a Special Project Designation Permit with conditions, based on the criteria in 310 CMR 40.0063(3) and (4); or

(c) a Notice of Extended Review indicating that, because of the nature and complexity of the review, based on the criteria set forth in 310 CMR 40.0063(3) and (4), the Department requires an additional 36 days from the date the Notice of Extended Review is issued by the Department to complete its review.

(4) If the Department issues the applicant(s) a Notice of Extended Review in accordance with 310 CMR 40.0070(3)(c), the Special Project Designation Permit or Modification, Transfer or Extension shall be presumed approved without conditions 72 days from the date of the commencement of the Application time period, pursuant to 310 CMR 40.0070(2), unless the Department provides the applicant(s) with one of the following prior to 72 days from the date of the commencement of the Application time period:

(a) a decision to deny the applicant Special Project Designation Permit, or Modification, Transfer or Extension of a Special Project Designation Permit, based on the criteria in 310 CMR 40.0063(3) and (4); or

(b) a decision to grant the applicant a Special Project Designation Permit, or Modification, Transfer or Extension of a Special Project Designation Permit with conditions, based on the criteria in 310 CMR 40.0063(3) and (4).

(5) Presumptive approval of a Special Project Designation Permit, Modification, Transfer or Extension, pursuant to 310 CMR 40.0070 means the RP, PRP or Other Person has approval to proceed with Response Actions in compliance with all applicable provisions of 310 CMR 40.0000. Such presumptive approval shall not be construed as approval by the Department of the scope or adequacy of plans or of the response actions as actually conducted, or as forgiveness of non-compliance with any provision of 310 CMR 40.0000.

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