310 Mass. Reg. 36.25

Current through Register 1523, June 7, 2024
Section 36.25 - Incomplete Applications
(1) An application for a permit shall not be deemed complete if the Department determines that the permit application:
(a) fails to provide all the information required by 310 CMR 36.21 and 36.22 by the date established by the Department for completion of the application, including any additional information requested by the Department in accordance with 310 CMR 36.21(7)(f);
(b) fails to demonstrate compliance with MEPA requirements as applicable;
(c) fails to demonstrate completion of applicable public notice requirements, as described in M.G.L. c. 21G and 310 CMR 36.23, or fails to respond to comments as requested by the Department in accordance with 310 CMR 36.23(6);
(d) fails to demonstrate compliance with a water resources management plan for any town or city in which the water is to be used; or
(e) fails to demonstrate compliance with M.G.L. c. 21, §§ 8B through 8D (the Interbasin Transfer Act) where applicable.
(2) An application for a new permit, or a permit renewal, amendment or transfer shall not be complete if the Department determines that the permit application:
(a) fails to provide all information required by 310 CMR 36.00 and all information requested by the Department;
(b) fails to include the applicable fee established in 310 CMR 4.00: Timely Action Schedule and Fee Provisions;
(c) fails to provide evidence of compliance with any relevant permit conditions;
(d) is not completed by the applicable date; or
(e) otherwise fails to comply with M.G.L. c. 21G or 310 CMR 36.00.
(3) The date for completing an application shall be extended by the Department if it determines that, for reasons beyond the control of the applicant:
(a) any applicable MEPA requirement cannot be completed by the date;
(b) public comment periods set forth 310 CMR 36.23 extend beyond the date; or
(c) any applicable M.G.L. c. 21, §§ 8B through 8D (Interbasin Transfer Act) requirement cannot be completed by the date.
(4) The date for completing an application may be extended by the Department if it determines that:
(a) the applicant demonstrates that, despite reasonable efforts, additional information requested by the Department after the application is filed cannot be provided within the time specified in the Department's request; or
(b) any other conditions exist, which were not caused by the applicant, and which in the interest of the purposes to be served by M.G.L. c. 21G, require additional time.
(5) The Department has no obligation to review an incomplete application.
(6) Without limitation, if the Department determines that an application is not complete and that the applicant has not made a good faith effort to complete the application in a timely manner by the applicable date, it may do one or any combination of the following:
(a) terminate any interim permit issued to the applicant pursuant to 310 CMR 36.27(2);
(b) require compliance with a plan ordered or approved by the Department;
(c) where an application is required by M.G.L. 21G or 310 CMR 36.00, or ordered by the Department, assess an administrative penalty, in accordance with M.G.L. c. 21G, and M.G.L. c. 21A, § 16; or
(d) deny the permit application pursuant to 310 CMR 36.30(1)(d).

310 CMR 36.25

Amended by Mass Register Issue 1273, eff. 11/7/2014.