Section 19.034 - Presumptive Approval Procedure310 CMR 19.034 describes the procedure for the Department's presumptive approval of certain activities at or modifications to a facility. Any activity or modification specified in 310 CMR 19.029(3) may be made without prior written approval from the Department provided that:
(1) at least 45 days prior to commencing such activity or modification, the owner or operator submits to the Department and the board of health a written description of the proposed activity or modification on an application form provided by the Department;(2) within 45 days of receipt of the form, the Department has not determined, in a letter to the owner and operator, that 310 CMR 19.034 does not apply to the proposed activity or modification or that additional information is needed to make that determination; and(3) within 45 days of completion of the modification, the owner or operator submits to the Department as-built plans and/or a report describing the modification, provided that no additional documentation is necessary where there was no physical modification to the facility.