Conditions for Permits and Other Approvals

(1) Items Subject to Conditions. The Department may grant a permit or an authorization subject to such conditions as are necessary to ensure compliance with 310 CMR 19.000 or to protect the public health, safety, or the environment including, without limitation: the period of time for which a permit or authorization is valid, phased development of construction or operations, minimum recycling or composting requirements, the kind or type of waste allowed, site assignment conditions, inspection, financial assurance, technical data gathering, data analysis, quality control, quality assurance, sampling, monitoring, reporting and verification. (2) Condition(s) on Amount of Solid Waste Accepted. Every permit or authorization to operate shall contain one or more limits on the amount of solid waste which the facility can accept during a fixed period of time, not to exceed one year. (3) Liability. No permit shall be issued except upon the condition that the holder shall be liable jointly and severally with the owner or operator for any civil or administrative penalties assessed or orders entered by the Department arising from any improper facility operation, maintenance, closure, post-closure or other activities performed in violation of the Department's regulations and applicable statutes. The Department may, in its sole discretion, enforce said condition against the holder in any enforcement action taken pursuant to applicable statutes or regulations. Nothing in 310 CMR 19.043 shall: (a) limit the liability of owners or otherwise legally responsible parties from these or any other applicable statutes or regulations; (b) limit the right of the Department to issue notices, orders, or levy penalties for violations of these and other applicable regulations or permit conditions, to facility owners, holders, or otherwise legally responsible parties; (c) bar any otherwise valid agreement to insure, hold harmless or indemnify the holder for any liability arising out of operation of the facility; (d) limit the liability of owners or otherwise legally responsible parties for damages to natural resources of the Commonwealth or reimbursement of the Commonwealth for any cleanup costs for the facility site incurred by the Commonwealth; or (e) affect the right of the holder to seek contribution from any joint wrongdoer. (4) Financial Conditions. The Department may condition a permit or authorization on the applicant submitting such proof as the Department deems necessary to establish that at the time of permit and during the projected operating period the applicant shall have adequate funds to operate and maintain the facility in compliance with applicable statutes and regulations and permit conditions. Such financial conditions may require, without limitation, the periodic submission to the Department of approved operating budgets and fee schedules and may compel the cessation of operations and closure of the facility in the absence of adequate financial ability. (5) Standard Conditions. The following conditions shall apply to all owners and operators: (a) Duty to Comply. The owner and operator shall comply at all times with the terms and conditions of the permit or other approval, 310 CMR 19.000, M.G.L. c. 111, § 150A, and all other applicable state and federal statutes and regulations, including, but not limited to, the permit review criteria at 310 CMR 19.038(2)(a)1. through 10. (b) Duty to Maintain. The owner and operator shall always operate and maintain all facilities, environmental control and monitoring systems, vehicles and equipment as required by 310 CMR 19.000 or by the facility permit or other approval. (c) Duty to Halt or Reduce Activity. The owner and operator shall halt or reduce activity whenever necessary to maintain compliance with 310 CMR 19.000 or the conditions of the permit or other approval, or to prevent an actual or potential threat to the public health, safety or the environment. (d) Duty to Mitigate. The owner and operator shall remedy and shall act to prevent all potential and actual adverse impacts to persons or the environment resulting from non-compliance with 310 CMR 19.000 or terms or conditions of the permit or other approval. The owner and operator shall repair at his own expense all damages caused by such non-compliance. (e) Duty to Provide Information. The owner and operator shall furnish to the Department, within a reasonable time, any information which the Department may request and which is deemed by the Department to be relevant in determining whether cause exists to modify, revoke, or suspend a permit or other approval, or to determine if the owner and operator are complying with 310 CMR 19.000 or the permit or other approval. (f) Entries and Inspections. The owner and operator shall allow personnel or authorized representatives of the Department, without warrant, upon presentation of Department- issued identification to enter the facility to: 1. investigate, sample and inspect any records, condition, equipment, operation, practice or property at the facility relating to regulated activities; 2. to determine and enforce compliance with M.G.L. c. 21A, §§ 2 and 8, St. 1987, c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A½ and/or 310 CMR 19.000. (g) Records. All records and copies of all reports required by 310 CMR 19.000 shall be kept by the owner or operator for at least three years. This period shall be automatically extended for the duration of any enforcement action. This period also may be extended by order of the Department. All recordkeeping shall be in compliance with 310 CMR 19.009. (h) Signatory Requirement. All reports, and information requested or ordered by the Department, shall be signed by a responsible official of the owner or operator in accordance with 310 CMR 19.011(1). (i) Duty to Inform. The owner and operator shall have a continuing duty to immediately: 1. correct any incorrect facts in an application, report or other document submitted to the Department; 2. report or provide to the Department any omitted facts which should have been submitted to the Department at any time; 3. report to the Department, in advance, each planned change in the facility or activity which might result in non-compliance with a term or condition or a permit or approval; 4. report to the Department each change in the information listed in the application filed pursuant to 310 CMR 19.030; 5. report by the next business day any emergency condition (such as, but not limited to, a fire) that will have an extended impact on facility operations or pollution control, unless required to notify on a different schedule in accordance with 310 CMR 19.132 or 310 CMR 40.0000: Massachusetts Contingency Plan; and 6. notify the Department of any change in the owner's or operator's name or mailing address. (j) Notification of Bankruptcy. The owner and operator shall notify the Department by certified mail of the commencement of a voluntary or involuntary proceeding pursuant to Title 11 (Bankruptcy) of the United States Code in which the owner or operator is named as debtor within ten days after commencement of the proceeding. NON-TEXT PAGE