Modifications to and Rescissions and Suspensions of Site Assignments

(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.