Section 30.851 - License Modifications(1)General Provisions.(a) A license may be modified by the Department for cause. The filing of a request by a licensee for a license modification or of a notification of planned changes or anticipated non-compliance does not stay any license condition.(b) The Department may modify a license upon its own initiative, upon request by a local board of health or other municipal authority, upon request via written application by a licensee, or upon request of any other interested person. If the Department decides to deny a request to modify a license, the Department shall send to the person making the request a brief written response giving a reason for the Department's decision. Except as provided in 310 CMR 30.890, denial of a request for modification of a license shall not be subject to public notice, public comment, or public hearings. If the Department decides to grant a request to modify a license, the Department shall proceed in accordance with 310 CMR 30.850.(2)Presumptively Approved Transporter License Modifications. (a) A transporter who seeks to modify a license shall submit an application to the Department on a form provided by the Department. Such modification shall be effective 30 days after the Department's receipt of the application, unless the Department notifies the applicant within that 30 days of a deficiency in accordance with 310 CMR 4.00, or denies the license modification in writing. A presumptively approved license modification shall be a "license modification" as that term is used in 310 CMR 30.851, even though the Department has not issued a written approval.
(b) Licensees must submit presumptive approval modification applications by hand delivery with receipt or by certified mail.(3)Facility License Modifications. (a) A license may be modified for reasons which include, but are not limited to, the following: 1. The licensee desires to make material and substantial alterations or additions to the licensed facility, or any other change to a license condition.2. The Department has information which was not available at the time of license issuance and which would have justified the application of different license conditions.3. The standards, regulations, or statute on which the license was based have been changed by promulgation of amended standards and regulations, by judicial decision, or by a change in the statute after the license was issued.4. The corrective action program specified in the license pursuant to 310 CMR 30.672 has not brought the regulated unit(s) into compliance with the requirements of 310 CMR 30.665: Groundwater Protection Standard.5. The owner or operator has been conducting a compliance monitoring program pursuant to 310 CMR 30.671 or a corrective action program pursuant to 310 CMR 30.672 and the compliance period ends, in which case the license modification shall include a detection monitoring program meeting the requirements of 310 CMR 30.664.6. A license requires a compliance monitoring program pursuant to 310 CMR 30.671 and monitoring data collected indicates that the facility is not meeting the requirements of 310 CMR 30.665: Groundwater Protection Standard.7. A land treatment unit is not achieving complete treatment of hazardous contituents.(b) Suitability of the facility location shall not be considered at the time of license modification unless new information or standards indicate that a threat to public health, safety, or welfare, or the environment exists which was unknown or not understood at the time of license issuance.(c) If a license modification is requested by the licensee, the Department shall approve or deny the request according to the procedures set forth in 310 CMR 30.852.