Section 30.822 - General ConditionsThe following conditions apply to all licenses:
(1)Duty to Comply. The licensee shall comply at all times with the terms and conditions of the license, 310 CMR 30.000, M.G.L. c. 21C, and all other applicable State and Federal statutes and regulations.(2)Duty to Maintain. The licensee shall always properly operate and maintain all facilities, treatment and control systems, vehicles, and equipment which the licensee installs or uses.(3)Duty to Halt or Reduce Activity. The licensee shall halt or reduce activity whenever necessary to maintain compliance with the license conditions, or to prevent an actual or potential threat to the public health, safety, or welfare, or to the environment.(4)Duty to Mitigate. The licensee shall remedy and shall act to prevent all potential and actual adverse impacts to persons and the environment resulting from non-compliance with the terms and conditions of the license. The licensee shall repair at his own expense all damages caused by such non-compliance.(5)Duty to Provide Information. The licensee shall furnish to the Department, within a reasonable time, any information which the Department may request and which is deemed by the Department to be relevant in determining whether cause exists to modify, revoke, or suspend a license, or to determine whether the licensee is complying with the terms and conditions of the license.(6)Entries and Inspections. The licensee shall allow personnel or authorized agents of the Department or authorized EPA representatives, upon presentation of credentials or other documents as may be required by law, to, without a warrant:(a) Enter at all reasonable times any premises, public or private, for the purpose of investigating, sampling, or inspecting any records, condition, equipment, practice, or property relating to activities subject to M.G.L. c. 21C or RCRA;(b) Enter at any time such premises for the purpose of protecting the public health, safety, or welfare, or to prevent damage to the environment;(c) Have access to and copy at all reasonable times all records that are required to be kept pursuant to the conditions of the license, and all other records relevant to the licensee's hazardous waste activities.(7)Records. All records and copies of all reports required by 310 CMR 30.000 shall be kept by the licensee for at least three years. This period shall be extended automatically for the duration of any enforcement action. This period may be extended by order of the Department. All record-keeping shall be in compliance with 310 CMR 30.007.(8)Signatory Requirements.(a) All reports, and all information requested or ordered by the Department, shall be signed by an individual described in 310 CMR 30.807 or by a duly authorized representative of such individual. An individual is an "authorized representative" only if an individual identified in 310 CMR 30.807 has designated in writing to the Department that such individual is an "authorized representative."(b) Any individual signing a document pursuant to 310 CMR 30.822(8) shall do so in compliance with 310 CMR 30.006 and 30.009.(9)Continuing Duty To Inform. The licensee shall have a continuing duty to immediately: (a) Correct any incorrect facts in an application.(b) Report or provide to the Department any omitted facts which should have been submitted to the Department at any time.(c) In advance report to the Department each planned change in the licensed facility or activity which may result in non-compliance with a term or condition of the license, except as provided in 310 CMR 30.852.(d) Report to the Department each change in the information listed in 310 CMR 30.803(9), (10), (11), or (12).(10)Notification of Bankruptcy. The licensee shall notify the Department by certified mail of the commencement of a voluntary or involuntary proceeding pursuant to Title 11 (Bankruptcy) of the United States Code in which the licensee is named as a debtor within ten days after commencement of the proceeding.