Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part II - BOARD OF HEALTH PUBLIC HEARINGS › Section 16.22 - Modifications to and Rescissions and Suspensions of Site Assignments

Current through Register 1525, July 5, 2024
(1)
Modifications to Site
				Assignments Due to a Threat to Public Health, Safety or the
				Environment
. In accordance with M.G.L. c.111, §150A, the
				assigning board of health, or the Department, may at any time rescind, suspend
				or modify a site assignment upon a determination that the operation or
				maintenance of a facility results in a threat to public health, safety or the
				environment after due notice and public hearing. The public hearing must
				satisfy the requirements of M.G.L. c.30A, §11.
(2)
Major Modifications to Site
				Assignments at the Request of the Facility Owner or Operator
.
				Modifications deemed to be "Major Modifications" include: modifications
				required to "Expand a Site"; vertical expansions beyond the limits of an
				approved plan; modifications as specified at
				310 CMR 16.21(1)
				 and
				16.21(3),
				Alternative Use of An Assigned Site; or any request to waive any site
				assignment criterion set forth at
				310 CMR 16.40(3)
				 as it applies to the existing facility. A
				major modification shall require submittal of a new site assignment application
				that addresses all criteria affected by the modification, as determined by the
				Department in writing, and shall be reviewed in accordance with the
				requirements established at
				310 CMR
				16.08 through
				16.20.
(3)
Minor Modifications to Site
				Assignments at the Request of the Facility Owner or Operator
. Any
				request to modify a site assignment that is not subject to 310 CMR 16.22(1) or
				(2), including any request to modify conditions established by the Board of
				Health in the site assignment, or to increase daily or annual tonnage limits,
				except as specified at 310 CMR 16.22(4), are deemed to be "Minor
				Modifications." The Board of Health may modify a site assignment to address a
				minor modification, at the request of the facility owner or operator, without
				requiring the filing of a new application by the applicant or site suitability
				report by the Department, provided the Board of Health provides public notice
				and holds a public hearing in accordance with the requirements of
				310 CMR 16.00 prior to
				deciding on the minor modification.
(4)
Reserve Capacity
				Approvals
. Notwithstanding 310 CMR 16.22(3), any facility may
				request, in writing to the Department, a temporary increase in the daily or
				annual tonnage limits to address a short-term emergency situation, as
				determined by the Department, without the requirement for a minor modification
				of the site assignment.
(5)
MEPA Review
. Any modifications to the site assignment
				may require the filing of a Notice of Project Change pursuant to
				310 CMR 11.10, MEPA
				Regulations. Should a Notice of Project Change be required the applicant shall
				comply with
				310 CMR
				16.08(5)(d)  prior to
				submitting a new site assignment application.