Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 4.00 - TIMELY ACTION SCHEDULE AND FEE PROVISIONS › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				310 CMR 4.00, the following
				terms shall have the following meanings, unless the context otherwise clearly
				requires.
Adjudicatory Hearing
. A hearing
				conducted by the Department pursuant to
				310 CMR
				1.00:
Adjudicatory Proceedings
, in an
				adjudicatory proceeding as defined in M.G.L. c. 30A.
Administrative Completeness Review
. An
				administrative review of a permit application to determine whether all required
				elements of the application have been provided by the applicant, as further
				described in
				310 CMR
				4.04(2)(b)1.
Applicant
. A person who applies for or
				who is required to apply for a permit from the Department or any of its
				Divisions, or on whose behalf a permit application is made or required.
Commissioner
. The Commissioner of the
				Department, or his or her designee.
Department
. The Department of
				Environmental Protection.
Facility
. Any site or works at which
				an activity subject to regulation by the Department occurs, has occurred, or is
				proposed to occur.
Homeowner.
A homeowner is an owner
				occupant of a residential one to four family structure who has provided a
				written certification on a Department approved form, and whose structure has
				been used exclusively as a one to four family residence throughout his or her
				ownership, where the owner's unit is the owner's principal residence for six or
				more months of the year and the owner is conducting response actions at the
				residence in response to a release of oil.
Individual Rule Project
. A project
				within a category which, based on the size, novelty, complexity, or technical
				difficulty of such projects, has been so classified in
				310
				CMR 4.10.
Permit
. Any permit, license,
				certificate, formal determination, registration, plan approval, variance,
				statement, opinion, notification, plan or other approval issued by or required
				by the Department or any of its divisions, pursuant to any statute or
				regulation.
Permit Application
. Any application,
				filing, notification, or other submittal of materials in the required form to
				the Department to initiate a permit.
Permittee
. Any person authorized to
				conduct any activity or business pursuant to a permit issued by or filed with
				the Department. For the purpose of implementing
				310 CMR
				4.03:
Annual Compliance Assurance
				Fee
and M.G.L. c. 21E, § 3B, paragraph 3, as in effect on July 1,
				2004, permittee shall also refer to persons, excluding agencies of the
				Commonwealth, who are performing response actions at sites or have been issued
				a final order to perform, or have been assessed a penalty for failure to
				perform, such response actions. For purposes of M.G.L. c. 21A, § 18, the
				holder of a permit or a suspended permit is a permittee until the permit
				expires, is formally relinquished by the holder in accordance with the
				Department's requirements, or is revoked by the Department.
Person
. Any individual, trust, firm,
				public or private corporation or authority, partnership, association or other
				entity or any group thereof or any officer, employee, or agent thereof,
				including the Commonwealth and the federal government and any agency or
				authority thereof, but not including any city, town, county, or district of the
				Commonwealth, federally recognized indian tribe housing authority effective,
				effective January 14, 1994, or any municipal housing authority. Notwithstanding
				the prior sentence, for purposes of M.G.L. c. 21E and 310 CMR 40.0000:
Massachusetts Contingency Plan
permit fees and timely action
				schedules, person shall mean any agency or political subdivision of the federal
				government or the Commonwealth, state, public or private corporation or
				authority, any interstate body, foreign nation, any individual, trust, firm,
				joint stock company, partnership, association or other entity, and any officer,
				employee, or agent of such person, and any group of persons. Effective July 1,
				2000, the Massachusetts Bay Transportation Authority shall not pay permit or
				compliance fees pursuant to M.G.L. c. 161A, § 24.
Presumptive Approval
. An approval
				created when the Department does not, on or before a date specified in the
				program regulations, issue a written statement of deficiencies or a written
				decision. In instances of presumptive approval, the Department is not required
				to issue a written decision.
Project
. Any coordinated program of
				work or activity, whether located at a single contiguous site, or occurring or
				proposed or planned to occur at a number of sites; including without limitation
				any facility, or construction, demolition, modification, or operation of
				buildings or works, or engaging in any other activity for which a permit as
				defined in 310 CMR 4.02 is required.
Public Comment Review
. A review on the
				merits of the permit application, supporting materials, and any other
				information provided during the course of public comment on the proposed
				decision to grant or deny the permit, as further described in
				310 CMR
				4.04(2)(b)4.
Supplemental Technical Review
. A
				review on the merits of the permit application and supporting materials, as
				supplemented, modified, or amended by the applicant in response to a statement
				identifying deficiencies in the application and supporting materials, as
				further described in
				310 CMR
				4.04(2)(b)3.
Technical Review
. An initial review on
				the merits of the permit application and supporting materials, as further
				described in
				310 CMR
				4.04(2)(b)2.