Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.12 - Modification, Suspension, Revocation, Renewal, and Transfer of Permits

Current through Register 1525, July 5, 2024
(1) As provided in M.G.L. c. 21, §
			 43(10), the Department may modify, suspend or revoke any outstanding individual
			 permit, or coverage under a general permit, in whole or in part, for cause
			 including, but not limited to, violation of any permit term, obtaining a permit
			 by misrepresentation, or failure to disclose fully all relevant facts or any
			 changes in or discovery of conditions that call for the reduction or
			 discontinuance of the authorized discharge or activity. The modification,
			 suspension, revocation, or renewal other than an administrative renewal, of an
			 individual permit or coverage under a general permit shall be processed in
			 accordance with
			 314
			 CMR 2.10:
Modification, Suspension,
			 Revocation and Renewal of Permits and General Permit Coverage
. In
			 processing a renewal other than an administrative renewal, the Department may
			 revise or withdraw a draft permit renewal, either on its own or in response to
			 comments, prior to the effective date of the permit renewal as determined in
			 accordance with
			 314
			 CMR 2.08:
Issuance and Effective Date
			 of Permit, General Permit Coverage, or Other Determination and Requests for
			 Adjudicatory Hearings
. In a case where the Department withdraws a
			 draft permit renewal, the existing permit will remain in effect in accordance
			 with
			 314 CMR
			 5.08.
(2) The Department may modify or terminate an
			 individual permit or coverage under a general permit at the request of the
			 permittee upon a showing satisfactory to the Department that the requested
			 modification or termination is appropriate in view of circumstances for which
			 the permittee is not at fault.
(a) Except as
			 otherwise provided in 314 CMR 5.12(3), the modification or termination of an
			 individual permit or coverage under a general permit shall be processed in
			 accordance with the provisions of
			 314
			 CMR 2.10:
Modification, Suspension,
			 Revocation and Renewal of Permits and General Permit
			 Coverage
.
(b) An
			 individual permit or coverage under a general permit may be transferred by the
			 permittee to a new permittee only if the individual permit or coverage under
			 the general permit has been modified or revoked and reissued in accordance with
			 314
			 CMR 2.10:
Modification, Suspension,
			 Revocation and Renewal of Permits and General Permit Coverage
, or a
			 minor modification is made in accordance with 314 CMR 5.12(3) and (4), or an
			 automatic transfer takes place in accordance with 314 CMR 5.12(5).
(c) Any permit which authorizes the operation
			 of a RCRA facility subject to the requirements of
			 314 CMR
			 8.07:
Standards for all other RCRA
			 Facilities
shall be valid only for the person to whom it is issued and
			 may not be transferred. Operation of a RCRA facility by an owner or operator
			 who is not named in the permit shall be a violation of
			 314 CMR 5.00 and a basis for
			 revocation of the permit, or other enforcement action.