Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.030 - Application for a Solid Waste Management Facility Permit

Current through Register 1525, July 5, 2024
(1)
General
. Any
				person intending to construct, operate or maintain a solid waste management
				facility shall file an application for a permit.
(2)
Application
. An
				application for a permit shall contain sufficient information so that the
				Department can evaluate whether the application meets the applicable review
				criteria at
				310
				CMR 19.038 and at a minimum shall include:
(a) a completed application on a form as may
				be provided by the Department;
(b)
				such additional or alternative information as required in other parts of 310
				CMR 19.000 governing the permitting of specific types of solid waste management
				facilities.
(c) applicant
				identification which shall include such information and documentation as the
				Department deems necessary to fully identify all persons having a legal or
				financial interest in, or operational responsibility for, the site or facility;
				those persons' legal status; those persons' prior ownership or operating
				history of solid waste facilities; and other relevant information regarding the
				applicant's competency to own and/or operate a facility;
(d) a solid waste management facility plan
				("Plan") for the particular type of solid waste management facility that
				includes such maps, data, information and documents as required in the
				applicable facility specific regulations. The Plan shall, at a minimum, be
				comprised of the following components:
1. a
				site plan which shall include such maps, diagrams, reports and other
				information the Department deems necessary to accurately locate the proposed
				site and facility, identify its geographical characteristics, identify the
				zoning of the site, and evaluate the potential impact of the construction and
				operation of the proposed facility on surrounding land uses, traffic flow,
				surface water bodies, wetlands, water supplies, and flood zones;
2. a waste ban plan as required at
				310 CMR
				19.017(5);
3. a facility design plan which shall provide
				such diagrams, reports, studies and other information as the Department deems
				necessary to evaluate the feasibility and potential impacts of the facility on
				public health, safety and the environment. The facility design plan shall
				address all aspects of the facility design and shall include:
a. a detailed description of the type and
				size of the proposed facility;
b.
				the nature and amount of refuse to be handled on a daily and weekly
				basis;
c. a detailed description of
				the design of the facility, including recycling and composting components, site
				improvements and all systems and other appurtenances thereto necessary to
				comply with:
i. the operation and maintenance
				requirements;
ii. the closure and
				post-closure requirements; and
iii.
				permit approval criteria;
d. provision to minimize the impacts of site
				and facility construction; and
e.
				other design provisions the Department deems necessary on a site or facility
				specific basis to ensure proper design;
4. an operation and maintenance plan which
				shall provide such diagrams, reports, studies, and other information as the
				Department deems necessary to evaluate the ability of the proposed operation
				and maintenance procedures to ensure good solid waste management practices and
				to protect public health and safety and the environment. The operation and
				maintenance plan shall include:
a. a detailed
				description of the proposed waste handling methods and techniques, and sequence
				of operations for the facility;
b.
				a description of the procedures to be employed to comply with the operation and
				maintenance requirements for the specific type of facility and the permit
				approval criteria;
c. a detailed
				description of the environmental monitoring and sampling protocols and
				procedures and inspection and maintenance of the environmental monitoring
				systems;
d. a tracking and
				reporting system by which the Department can verify compliance with recycling
				requirements and with bans on acceptance of certain types of solid waste or
				recyclable materials which have been imposed pursuant to
				310 CMR 19.017 and are
				in effect at the time the permit is granted;
e. a compliance and inspection plan to ensure
				operation of the facility is in compliance with the permit and all applicable
				regulations; and
f. other operation
				and maintenance provisions that the Department deems necessary on a site or
				facility specific basis to ensure proper operation and maintenance;
5. a closure and post-closure plan
				which shall provide such diagrams, reports, studies and other information as
				the Department deems necessary to describe and evaluate the procedures the
				applicant proposes to use to close the facility and maintain and care for the
				site during the post-closure period in a manner that minimizes the impacts to
				public health and safety and the environment. A closure and post-closure plan
				shall include:
a. a description of the
				activities, and the sequence of activities necessary to close the
				facility;
b. a description of
				measures to be utilized to comply with the closure and post-closure
				requirements set forth in
				310 CMR
				19.045 and other applicable sections of 310
				CMR 19.000;
c. a description of
				proposed subsequent use of the site and/or facility, if any; and
d. other provisions that the Department deems
				necessary on a site or facility specific basis to ensure proper closure of the
				facility.
(e)
				a public health report, if any, as submitted by the Department of Public Health
				pursuant to the Site Assignment Regulations,
				310 CMR
				16.17:
Application Review by the
				Department of Public Health
;
(f) sufficient documentation that the
				proposed facility will be located within the boundaries of a valid site
				assignment;
(g) sufficient
				documentation that:
1. the MEPA process does
				not apply;
2. the MEPA process does
				apply and the Secretary has determined that an Environmental Impact Report is
				required; or
3. the MEPA process
				has already been completed and the Secretary has issued a certificate or a
				determination that no EIR is required.