Authorization to Construct

(1) General. The following shall not be constructed except in accordance with a valid authorization to construct issued by the Department in writing: (a) a new or expanded facility for which a permit has been issued; (b) modifications to a facility for which a permit modification has been issued, except for a transfer station that is not a C&D waste transfer station; or (c) a new phase in the case of a landfill being developed in phases. (2) Filing. The owner or operator shall file a request for an authorization to construct in writing with the Department in the appropriate Regional Office. However, unless otherwise indicated, the Department shall consider an application for a solid waste management facility permit or an application to modify a permit to constitute a request for an authorization to construct. (3) Issuance. In general, the Department shall issue an authorization to construct when the solid waste management facility permit or permit modification is issued, except in the case of phased construction of a landfill where an authorization to construct may be required for each phase and except where the Department determines that any of the following permits has not been applied for, as applicable, or granted at the time the solid waste management facility permit is to be granted: (a) Massachusetts Surface Water Discharge Permit for point source discharges to surface waters pursuant to M.G.L. c. 21, § 43 and 314 CMR 3.00: Surface Water Discharge Permit Program; (b) ground water discharge permit pursuant to M.G.L. c. 21, § 43 and 314 CMR 5.00: Ground Water Discharge Permit Program; (c) storm water discharge permit pursuant to M.G.L. c. 21, § 43, and 40 CFR 122 and 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth; (d) sewer connection permit for the discharge of collected and or pre-treated leachate into a municipal sewer system as required by 314 CMR 7.00: Sewer System Extension and Connection Permit Program; (e) Federal Water Pollution Control Act section 404 dredge and fill permit relative to surface water pursuant to the Federal Water Pollution Control Act; and (f) other local, state and federal permits, approvals or authorizations that are required for the construction of the facility. (4) Sunset. If construction of the facility or first phase thereof has not been completed or no solid waste has been processed or disposed at the facility within three years of the date of issuance of an authorization to construct the authorization shall expire. The owner or operator may apply to the Department for an extension of the authorization at any time prior to or after it expires. (5) Enforcement. The issuance of an authorization to construct shall not limit the Department's right to take enforcement action, including, without limitation, the suspension, revocation or modification of the permit or revocation of the authorization to construct if 310 CMR 19.000 or any condition of the permit or authorization to construct is violated. (6) Deed Notice. In accordance with M.G.L. c. 111, § 150A, the owner or operator of a facility shall record a notice of the authorization to construct permit in the registry of deeds or, if the site is registered land, in the registry section of the land court for the district wherein the land lies. The notice shall be captioned "Notice of Authorization to Construct a Solid Waste Facility" and shall contain a title reference citing the source of title of the land on which the facility is to be constructed (i.e., the deed with book and page number if recorded land; probate number if acquired through a probate proceeding; and certificate of title number if registered land).