Section 19.042 - Authorization to Operate(1)General. No person shall operate a facility, or if a new or existing facility is developed in phases, operate in any new phase of a facility, without a valid authorization to operate issued by the Department in writing.(2)Transfer Station Exclusion. 310 CMR 19.042(1) does not apply to a transfer station, except a C&D waste transfer station.(3)Filing. The applicant shall file a request for an authorization to operate in writing with the Department in the appropriate Regional Office.(4)Issuance. An authorization to operate shall only be issued after the Department is persuaded by the applicant that:(a) appropriate financial assurance has been secured in accordance with 310 CMR 19.051;(b) as-built plans, signed and stamped by a registered professional engineer, have been submitted where required by the Department;(c) the deed notice regarding the authorization to construct a solid waste facility has been recorded or registered as required pursuant to 310 CMR 19.041(6); and(d) the construction of the facility or phase thereof is complete and the facility is operational. For the purposes of 310 CMR 19.042 a facility shall be considered complete when: 1. the facility has been constructed and prepared in conformance with the approved design plan required under 310 CMR 19.030(3), including the recycling and composting components of that plan;2. the ditches, drains, roads, fences, water lines, collection systems, and other appurtenances shown on the approved plans are complete and functional;3. all equipment needed for normal operation of the facility is available and fully operational;4. all site preparation for the first six months of operation of a new facility or appropriate period for the phase, if applicable, is completed;5. sufficient number of qualified staff and supervision is available to carry out the normal operation and maintenance of the facility in accordance with approved plans;6. approved recycling and composting activities will be implemented as approved in accordance with an implementation schedule approved by the Department;7. the applicant has provided proof of receipt of all applicable other state, local and federal permits that are required for the operation of the facility; and8. the facility is otherwise in compliance with all applicable portions of 310 CMR 19.000.(5)Renewal of an Authorization to Operate.(a)General. An operator planning to continue to use a facility after the expiration date, if any, of the authorization to operate established pursuant to 310 CMR 19.042 shall: 1. submit an application for renewal of an authorization to operate, at least 180 days prior to the date of expiration, which shall include all appropriate information relating to the operation of the facility including, without limitation,a. a discussion of any changes in operation and monitoring of the facility during the previous authorization period;b. a narrative summary of the monitoring data for the prior five years of operation;c. a report covering the entire monitoring history of the facility including a detailed outline of the facility's monitoring program, all monitoring results organized in a clear and concise table with an explanation of any missing or non-representative data, an analysis of any trends, any proposals for upgrading the monitoring program, and a discussion of monitoring results;d. a report containing information on leachate generation rates and the management or fate of that leachate, changes in operation and equipment, operational problems and proposed solutions, and plans to upgrade or improve facility operations to better comply with environmental laws and regulations and a record of all violations of requirements of 310 CMR 19.000 or permit conditions during the authorization period;e. a determination, with documentation, of the remaining approved capacity or life expectancy of the facility;f. documentation that the facility has been and will continue to be meeting its recycling and waste restriction requirements;g. adequate financial assurance has been established; andh. a demonstration that the facility is operating in compliance with all applicable requirements of 310 CMR 19.000.2. notify the municipality in which the facility is located as well as the municipalities that are under contract to the facility.(b)Issuance. The Department, upon review of a renewal application, shall determine whether the applicant has satisfactorily complied with all terms, conditions and requirements of the facility permit, the expiring authorization to operate and 310 CMR 19.000.1. If the Department determines that the applicant has complied hereunder, the authorization to operate may be reissued.2. If the Department determines that the applicant has not complied hereunder, or other circumstances exist which indicate noncompliance with any provisions of 310 CMR 19.000 or the permit or any authorizations, the Department shall take appropriate action to secure compliance including, but not limited to, a denial of reissuance. If the Department refuses to renew the authorization the permittee shall have a right to a hearing in accordance with M.G.L. c. 30A, § 13.(c)Conditions and Terms of a Renewal. The Department may include all conditions of the original authorization to operate and pursuant to 310 CMR 19.036 may establish new conditions for the authorization to operate based on the owner's and operator's record of compliance with applicable laws and regulations, the site assignment, plan submissions, public health and environmental impacts of the facility, revisions of 310 CMR 19.000, the facility financing requirements and remaining capacity of the facility.(6)Enforcement. The issuance of an authorization to operate shall not limit the Department's right to take enforcement actions, including, without limitation, the suspension, revocation or modification of the permit or revocation of the authorization to operate, if any provision of 310 CMR 19.000 or any condition of the permit, authorization to operate or any order issued by the Department is violated.