Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.10 - Modification, Suspension, Revocation, and Renewal of Permits and General Permit Coverage

Current through Register 1525, July 5, 2024
Consistent with M.G.L. c. 21, § 43(10), the Department may
				propose and determine to modify, suspend or revoke any outstanding permit or
				general permit coverage, in whole or in part, for cause including, but not
				limited to, violation of any permit or general permit coverage term, obtaining
				a permit or general permit coverage 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 discharge or
				activity. The Department also may modify, terminate an individual permit, or
				terminate general permit coverage 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. The Department may propose to modify a general permit when the
				Department determines that the modification is appropriate. A person with
				general groundwater discharge permit coverage may not request a modification of
				the coverage, except a minor modification that is allowable pursuant to
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
, but instead may apply for an
				individual groundwater discharge permit. Any interested person may request the
				Department to modify, suspend or revoke any outstanding permit for a RCRA
				facility. If the Department decides to deny such a request, the Department
				shall prepare a brief written response giving a reason for the Department's
				determination. Denial of such a request shall not be subject to public notice,
				public comment, or public hearings pursuant to
				314 CMR
				2.06 through
				2.09, or to
				an adjudicatory hearing pursuant to
				310
				CMR 1.01:
Adjudicatory Proceeding
				Rules for the Department of Environmental Protection
.
A modification, other than a minor modification, or renewal of
				an individual or general permit or general permit coverage shall be processed
				under
				314 CMR
				2.00 in the same manner as an application for an
				individual permit, issuance of a general permit or an application for general
				permit coverage, respectively, is processed; provided, however, that no
				modification of general groundwater discharge permit coverage, other than a
				minor modification, may be requested by the permittee. Suspension or revocation
				of an individual permit shall be processed in the same manner as a denial of a
				permit application; suspension or revocation of general permit coverage or of a
				general permit shall be processed as specified in
				314 CMR
				2.05 and
				314 CMR
				2.06. Minor modifications authorized under
				314 CMR 3.00:
Surface
				Water Discharge Permit Program
, 5.00:
Ground Water Discharge
				Permit Program
, 7.00:
Sewer System Extension and Connection
				Permit Program
and 20.00:
Reclaimed Water Permit Program and
				Standards
may be processed without compliance with the public notice
				and hearing procedures of
				314 CMR
				2.06 and
				2.07.
In a permit modification under 314 CMR 2.10, only those
				conditions to be modified shall be reopened and may be subject to a request for
				an adjudicatory hearing pursuant to
				314
				CMR 2.08 when a new draft permit is prepared.
				All other aspects of the existing permit shall remain in effect for the
				duration of the unmodified permit.