310 CMR, § 19.029

Current through Register 1533, October 25, 2024
Section 19.029 - Applicable Permit and Certification Procedures for Construction, Operation, Modification or Expansion of a Solid Waste Management Facility
(1)Use of Permit Procedure at 310 CMR 19.032. The permit procedure set forth at 310 CMR 19.032 shall be used to review the following:
(a) an application for a new facility;
(b) an application for expansion of a handling facility, including a transfer station;
(c) an application for expansion of a combustion facility;
(d) an application for lateral expansion of a landfill;
(e) an application for vertical expansion of a landfill; or
(f) any other application the Department deems appropriate.
(2)Use of Permit Procedure at 310 CMR 19.033. Except as specified at 310 CMR 19.029(3) or (4) the permit procedure set forth at 310 CMR 19.033 shall be used to review the following:
(a) an application for a permit modification;
(b) an application for corrective action (including but not limited to assessment);
(c) a closure plan;
(d) a post-closure plan;
(e) an application for post-closure use on the final cover of a landfill or affecting an appurtenance of a facility;
(f) an application for a Beneficial Use Determination; or
(g) any other application the Department deems appropriate.
(3)Use of Presumptive Approval Procedure at 310 CMR 19.034. Except as specified at 310 CMR 19.029(2) and (4) the presumptive approval procedure set forth at 310 CMR 19.034 shall apply to the following proposed activities or modifications:
(a) any administrative change at a facility;
(b) a post-closure use that:
1. does not affect the facility's appurtenances, or
2. is not located on the final cover of a landfill;
(c) acceptance of a special waste pursuant to 310 CMR 19.061;
(d) a minor operational or equipment change, such as, but not limited to, a change, substitution, or addition of processing equipment (e.g. diesel to electric) or a change in the facility's layout; and
(e) any other activity or modification the Department deems appropriate.
(4)Use of Certification Procedure at 310 CMR 19.035 for Transfer Station (That Is Not a C&D Waste Transfer Station). The certification procedure at 310 CMR 19.035 shall be used for:
(a) the operation of a new or expanded transfer station;
(b) the acquisition of a transfer station (in addition to the certification required pursuant to 310 CMR 19.044);
(c) the modification in the design, construction, operation, maintenance, closure, or post-closure use of a transfer station;
(d) when a certification has not been submitted within the previous five years; or
(e) a transfer station with a valid permit or approval issued prior to February 14, 2014.

310 CMR, § 19.029