Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.841 - Compliance Schedules in Licenses

Current through Register 1525, July 5, 2024
When the Department is persuaded that such action is
				  appropriate to protect public health, safety, and welfare and the environment
				  and that such action is not inconsistent with M.G.L. c. 21C and 310 CMR 30.000,
				  the Department may specify in a license a schedule for the licensee to come
				  into compliance with M.G.L. c. 21C and 310 CMR 30.000. Each compliance schedule
				  shall be in accordance with the following requirements:
(1) Compliance shall be required as soon as
				possible.
(2) Except as provided in
				310 CMR 30.841(3), if the compliance schedule exceeds one year from the date of
				issuance of the license, the schedule shall include interim requirements and
				interim dates for their achievement. In no event shall the time between any two
				interim dates exceed one year. If the time for completion of any interim
				requirement is more than one year and is not readily divisible into stages for
				completion, the license shall specify interim dates for the submission of
				reports of progress toward completion of the interim requirements and indicate
				a projected completion date. Within 14 days after each interim date and the
				final date of compliance, the licensee shall notify the Department in writing
				of its compliance or noncompliance with the interim or final requirements, as
				the case may be.
(3) The compliance
				schedule may provide for cessation of activities authorized by the license.
(a) If the Department decides that activities
				authorized by the license shall cease on or before the expiration date of the
				license, the license shall be issued or modified as appropriate to include a
				compliance schedule leading to timely cessation of such activities. If a
				license was issued with a compliance schedule, the licensee shall cease such
				activities before noncompliance with any interim or final requirement specified
				in such compliance schedule.
(b) If
				the Department decides to allow the licensee to choose between ceasing
				activities authorized by the license and engaging in such activities in
				compliance with a compliance schedule, the license shall be issued or modified
				as appropriate to include two schedules as follows:
1. Both schedules shall contain an identical
				interim deadline requiring the licensee to make a final decision on whether to
				cease conducting activities authorized by the license. The license shall
				require the licensee to make this decision by a date established by the
				Department, which date shall be no later than that necessary to ensure
				sufficient time for the licensee to comply with applicable requirements in a
				timely manner if the licensee's decision is to continue engaging in activities
				authorized by the license.
2. One
				schedule shall lead to engaging in activities authorized by the license in
				timely compliance with applicable requirements. If the licensee makes a final
				decision to continue engaging in such activities, the licensee shall follow
				this schedule.
3. The second
				schedule shall lead to cessation of activities authorized by the license by a
				date which shall ensure timely compliance with applicable requirements. If the
				licensee makes a final decision to cease engaging in such activities, the
				licensee shall follow this schedule.
(c) If the licensee decides to cease engaging
				in activities authorized by the license, the licensee shall make that decision
				in a form satisfactory to the Department, such as resolution of the board of
				directors if the licensee is a corporation.