Definitions

As used in 310 CMR 4.00, the following terms shall have the following meanings, unless the context otherwise clearly requires. Adjudicatory Hearing. A hearing conducted by the Department pursuant to 310 CMR 1.00: Adjudicatory Proceedings, in an adjudicatory proceeding as defined in M.G.L. c. 30A. Administrative Completeness Review. An administrative review of a permit application to determine whether all required elements of the application have been provided by the applicant, as further described in 310 CMR 4.04(2)(b)1. Applicant. A person who applies for or who is required to apply for a permit from the Department or any of its Divisions, or on whose behalf a permit application is made or required. Commissioner. The Commissioner of the Department, or his or her designee. Department. The Department of Environmental Protection. Facility. Any site or works at which an activity subject to regulation by the Department occurs, has occurred, or is proposed to occur. Homeowner. A homeowner is an owner occupant of a residential one to four family structure who has provided a written certification on a Department approved form, and whose structure has been used exclusively as a one to four family residence throughout his or her ownership, where the owner’s unit is the owner’s principal residence for six or more months of the year and the owner is conducting response actions at the residence in response to a release of oil. Individual Rule Project. A project within a category which, based on the size, novelty, complexity, or technical difficulty of such projects, has been so classified in 310 CMR 4.10. Permit. Any permit, license, certificate, formal determination, registration, plan approval, variance, statement, opinion, notification, plan or other approval issued by or required by the Department or any of its divisions, pursuant to any statute or regulation. Permit Application. Any application, filing, notification, or other submittal of materials in the required form to the Department to initiate a permit. Permittee. Any person authorized to conduct any activity or business pursuant to a permit issued by or filed with the Department. For the purpose of implementing 310 CMR 4.03: Annual Compliance Assurance Fee and M.G.L. c. 21E, § 3B, paragraph 3, as in effect on July 1, 2004, permittee shall also refer to persons, excluding agencies of the Commonwealth, who are performing response actions at sites or have been issued a final order to perform, or have been assessed a penalty for failure to perform, such response actions. For purposes of M.G.L. c. 21A, § 18, the holder of a permit or a suspended permit is a permittee until the permit expires, is formally relinquished by the holder in accordance with the Department's requirements, or is revoked by the Department. Person. Any individual, trust, firm, public or private corporation or authority, partnership, association or other entity or any group thereof or any officer, employee, or agent thereof, including the Commonwealth and the federal government and any agency or authority thereof, but not including any city, town, county, or district of the Commonwealth, federally recognized indian tribe housing authority effective, effective January 14, 1994, or any municipal housing authority. Notwithstanding the prior sentence, for purposes of M.G.L. c. 21E and 310 CMR 40.0000: Massachusetts Contingency Plan permit fees and timely action schedules, person shall mean any agency or political subdivision of the federal government or the Commonwealth, state, public or private corporation or authority, any interstate body, foreign nation, any individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee, or agent of such person, and any group of persons. Effective July 1, 2000, the Massachusetts Bay Transportation Authority shall not pay permit or compliance fees pursuant to M.G.L. c. 161A, § 24. Presumptive Approval. An approval created when the Department does not, on or before a date specified in the program regulations, issue a written statement of deficiencies or a written decision. In instances of presumptive approval, the Department is not required to issue a written decision. Project. Any coordinated program of work or activity, whether located at a single contiguous site, or occurring or proposed or planned to occur at a number of sites; including without limitation any facility, or construction, demolition, modification, or operation of buildings or works, or engaging in any other activity for which a permit as defined in 310 CMR 4.02 is required. Public Comment Review. A review on the merits of the permit application, supporting materials, and any other information provided during the course of public comment on the proposed decision to grant or deny the permit, as further described in 310 CMR 4.04(2)(b)4. Supplemental Technical Review. A review on the merits of the permit application and supporting materials, as supplemented, modified, or amended by the applicant in response to a statement identifying deficiencies in the application and supporting materials, as further described in 310 CMR 4.04(2)(b)3. Technical Review. An initial review on the merits of the permit application and supporting materials, as further described in 310 CMR 4.04(2)(b)2.