Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.19 - Modification, Transfer, Suspension, Revocation and Renewal of Reclaimed Water System Permits Issued by the Department Pursuant to 314 CMR 20.00

Current through Register 1525, July 5, 2024
(1) The Department may modify, suspend, or
			 revoke any outstanding reclaimed water system permit issued be the Department
			 pursuant to
			 314 CMR 5.00 in accordance
			 with
			 314
			 CMR 5.12. The Department may modify, suspend,
			 or revoke any outstanding reclaimed water system permit issued by the
			 Department pursuant to
			 314 CMR 3.00 in accordance
			 with
			 314 CMR
			 3.13 The Department may modify, suspend or
			 revoke any outstanding reclaimed water system permit issued by the Department
			 pursuant to
			 314 CMR 20.00, 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 change in or discovery of conditions that calls for
			 reduction or discontinuance of the authorized activity. The Department may also
			 modify a reclaimed water system permit issued by the Department pursuant to
			 314 CMR 20.00 at the request
			 of the permittee upon a showing, satisfactory to the Department that the
			 requested modification is appropriate in view of circumstances for which the
			 permittee is not at fault.
(2) The
			 modification, except for minor modification, suspension, revocation or renewal
			 of a reclaimed water system permit, issued by the Department pursuant to
			 314 CMR 20.00, shall be
			 processed in accordance with the provisions of
			 314
			 CMR 2.10.
(3)
Minor Modifications,
			 Including Transfer of Permits
. Upon the consent of the permittee,
			 the Department may make the following modifications to a reclaimed water system
			 issued by the Department pursuant to
			 314 CMR 20.00 without
			 following the procedures of
			 314 CMR
			 2.00:
(a) Correction
			 of typographical errors;
(b) Change
			 in the monitoring provisions to require more frequent monitoring or reporting
			 by the permittee or to require monitoring for additional pollutants or
			 monitoring at additional monitoring locations;
(c) Transfer the Permit to a new permittee
			 if:
1. The Department receives written notice
			 of the transfer from the current permittee of the transfer at least 30 days in
			 advance of the proposed transfer date;
2. The notice includes a written agreement
			 between the existing and proposed new permittee which includes a specific date
			 for transfer of the permit and the proposed transferee's assumption of
			 responsibility for compliance with the permit, and any allocation of liability
			 and financial responsibility between them, including, without limitation,
			 assumption of the existing permittee's responsibility under the Reuse
			 Management Plan and all Service and Use Agreements; and
3. The Department approves the transfer in
			 writing. The transfer shall take effect on the date the transfer is approved by
			 the Department.