Purpose, Authority, and General Provisions

(1) Purpose. The purpose of 310 CMR 4.00 is to provide for the orderly and efficient administration of the regulatory programs administered by the Department through the establishment of schedules for timely action on permit applications, permit application fees, and annual compliance assurance fees, thereby contributing to the protection of the public health and safety and of the environment; and to otherwise implement the provisions of M.G.L. c. 21A, § 18 and M.G.L. c. 21E, § 3B. Except to the extent specifically provided, nothing in 310 CMR 4.00 shall be construed to affect any rights, duties, or obligations established by any statute or by any regulation promulgated by the Department. (2) Authority. 310 CMR 4.00 is adopted pursuant to M.G.L. c. 21A, § 18 and M.G.L. c. 21E, § 3B and M.G.L. c. 131, § 40. (3) Effective Date. (a) 310 CMR 4.00 shall take effect on November 9, 1990. Pursuant to M.G.L. c. 21A, § 18(m), 310 CMR 4.03, 4.04, 4.05 and 4.10 shall not be in effect in any fiscal year in which appropriations for ordinary maintenance of the Department from state funds other than the environmental challenge fund and the environmental permitting and compliance assurance fund do not exceed the baseline figure set forth in M.G.L. c. 21A, § 18(m). (b) Notwithstanding 310 CMR 4.01(3)(a), 310 CMR 4.00 as applicable to permits under M.G.L. c. 21E, shall take effect on October 1, 1993, and shall be effective relative to these permits regardless of the level of fiscal year appropriations. (c) Pursuant to M.G.L. c. 21A, § 18(j), the Department shall review all fees and schedules established pursuant to 310 CMR 4.00 on or before July 1, 1992, and shall by regulation adjust fees and schedules as necessary to reflect changes in regulatory requirements, technologies, the nature and cost of the Department's permitting and compliance activities, and improvements in the Department's practices and procedures. (d) Notwithstanding 310 CMR 4.01(3)(c) and pursuant to M.G.L. c. 21E, § 3B, on or before July 1, 1994 and on or before July first of every third year thereafter, the Department shall review all fees and schedules established pursuant to 310 CMR 4.00 as applicable to permits for M.G.L. c. 21E sites or vessels (hereinafter referred to as sites) and shall by regulation adjust fees and schedules as necessary to reflect changes in regulatory requirements, technologies, the nature and cost of the Department's permitting and compliance activities, and improvements in the Department's practice and procedure. (4) Applicability (a) The annual compliance assurance fees established in 310 CMR 4.03 shall apply to all permittees described therein beginning with July 1, 1990. (b) The permit application fees and schedules for timely action established in 310 CMR 4.04, 4.05 and 4.10 shall apply to permit applications described therein that are filed on or after January 1, 1991. (c) The adjudicatory hearing filing fee established in 310 CMR 4.06 shall apply to adjudicatory hearing requests based on actions taken by the Department on or after January 1, 1991. (d) Notwithstanding 310 CMR 4.01(4)(a), (b), or (c) fees and schedules established pursuant to M.G.L. c. 21E shall apply as follows: (Mass. Register #1416 5/1/20) 1. The annual compliance assurance fees for the Bureau of Waste Site Cleanup established in 310 CMR 4.03 shall apply to sites in accordance with 310 CMR 40.0000: Massachusetts Contingency Plan as of October 1, 1993. 2. The permit application fees and schedules for timely action established in 310 CMR 4.04, 4.05 and 4.10 shall apply to Bureau of Waste Site Cleanup permit applications that are filed on or after October 1, 1993. (5) Computation of Time. Unless otherwise specifically provided by statute or 310 CMR 4.00, any time period prescribed or referred to in 310 CMR 4.00 or in any action taken pursuant to 310 CMR 4.00 shall begin with the first day following the act which initiates the running of the time period, and shall include every calendar day, including the last day of the time period so computed. When an action ending a time period has been completed, the next action may begin on the same day with the combined review day being counted as the last day of the completed review period or periods, if more than one review period is completed on the same day. If the last day is a Saturday, Sunday, legal holiday, or any other day on which the Department's offices are closed, the deadline shall run until the end of the next business day. If the time period described or referred to is seven days or less, only days when the offices of the Department are open shall be included in the computation. Where used, the term working days shall refer to any full day on which the Department office is open for public business.