Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 2.00 - Permit Procedures
Section 2.10 - Modification, Suspension, Revocation, and Renewal of Permits and General Permit Coverage
Consistent with M.G.L. c. 21, § 43(10), the Department may propose and determine to modify, suspend or revoke any outstanding permit or general permit coverage, in whole or in part, for cause including, but not limited to, violation of any permit or general permit coverage term, obtaining a permit or general permit coverage by misrepresentation, or failure to disclose fully all relevant facts or any change in or discovery of conditions that calls for reduction or discontinuance of the authorized discharge or activity. The Department also may modify, terminate an individual permit, or terminate general permit coverage at the request of the permittee upon a showing, satisfactory to the Department, that the requested modification or termination is appropriate in view of circumstances for which the permittee is not at fault. The Department may propose to modify a general permit when the Department determines that the modification is appropriate. A person with general groundwater discharge permit coverage may not request a modification of the coverage, except a minor modification that is allowable pursuant to 314 CMR 5.00: Ground Water Discharge Permit Program, but instead may apply for an individual groundwater discharge permit. Any interested person may request the Department to modify, suspend or revoke any outstanding permit for a RCRA facility. If the Department decides to deny such a request, the Department shall prepare a brief written response giving a reason for the Department's determination. Denial of such a request shall not be subject to public notice, public comment, or public hearings pursuant to 314 CMR 2.06 through 2.09, or to an adjudicatory hearing pursuant to 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection.
A modification, other than a minor modification, or renewal of an individual or general permit or general permit coverage shall be processed under 314 CMR 2.00 in the same manner as an application for an individual permit, issuance of a general permit or an application for general permit coverage, respectively, is processed; provided, however, that no modification of general groundwater discharge permit coverage, other than a minor modification, may be requested by the permittee. Suspension or revocation of an individual permit shall be processed in the same manner as a denial of a permit application; suspension or revocation of general permit coverage or of a general permit shall be processed as specified in 314 CMR 2.05 and 314 CMR 2.06. Minor modifications authorized under 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, 7.00: Sewer System Extension and Connection Permit Program and 20.00: Reclaimed Water Permit Program and Standards may be processed without compliance with the public notice and hearing procedures of 314 CMR 2.06 and 2.07.
In a permit modification under 314 CMR 2.10, only those conditions to be modified shall be reopened and may be subject to a request for an adjudicatory hearing pursuant to 314 CMR 2.08 when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit.
