Modification, Transfer, Suspension, Revocation and Renewal of Reclaimed Water System Permits

Issued by the Department Pursuant to 314 CMR 20.00 (1) The Department may modify, suspend, or revoke any outstanding reclaimed water system permit issued be the Department pursuant to 314 CMR 5.00 in accordance with 314 CMR 5.12. The Department may modify, suspend, or revoke any outstanding reclaimed water system permit issued by the Department pursuant to 314 CMR 3.00 in accordance with 314 CMR 3.13 The Department may modify, suspend or revoke any outstanding reclaimed water system permit issued by the Department pursuant to 314 CMR 20.00, in whole or in part, for cause including, but not limited to, violation of any permit term, obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts, or any change in or discovery of conditions that calls for reduction or discontinuance of the authorized activity. The Department may also modify a reclaimed water system permit issued by the Department pursuant to 314 CMR 20.00 at the request of the permittee upon a showing, satisfactory to the Department that the requested modification is appropriate in view of circumstances for which the permittee is not at fault. (2) The modification, except for minor modification, suspension, revocation or renewal of a reclaimed water system permit, issued by the Department pursuant to 314 CMR 20.00, shall be processed in accordance with the provisions of 314 CMR 2.10. (3) Minor Modifications, Including Transfer of Permits. Upon the consent of the permittee, the Department may make the following modifications to a reclaimed water system issued by the Department pursuant to 314 CMR 20.00 without following the procedures of 314 CMR 2.00: (a) Correction of typographical errors; (b) Change in the monitoring provisions to require more frequent monitoring or reporting by the permittee or to require monitoring for additional pollutants or monitoring at additional monitoring locations; (c) Transfer the Permit to a new permittee if: 1. The Department receives written notice of the transfer from the current permittee of the transfer at least 30 days in advance of the proposed transfer date; 2. The notice includes a written agreement between the existing and proposed new permittee which includes a specific date for transfer of the permit and the proposed transferee's assumption of responsibility for compliance with the permit, and any allocation of liability and financial responsibility between them, including, without limitation, assumption of the existing permittee's responsibility under the Reuse Management Plan and all Service and Use Agreements; and 3. The Department approves the transfer in writing. The transfer shall take effect on the date the transfer is approved by the Department.