Application for a Permit

(1) Duty to Apply. Any person required to obtain a permit pursuant to 314 CMR 7.03 shall complete and submit the application on a form prescribed by the Department. The Department's application form shall contain such standard permit terms and conditions that the Department deems necessary to assure that the proposed permitted activity complies with 314 CMR 7.00 and the State or Federal Acts, and other applicable regulations adopted thereunder. (2) Who Must Apply. The owner of the treatment works or activity resulting in a discharge of pollutant(s) shall apply for a permit. (3) Time to Apply. (a) Any person required to obtain a permit pursuant to 314 CMR 7.03 and who does not have a currently effective permit shall submit an application at least 90 days before the date on which the sewer system extension or connection is to be constructed, unless written permission for a later date has been granted by the Department. A Person proposing a new discharge is encouraged to submit his or her applications well in advance of the 90 day requirement to avoid delay. (b) Any person with a currently effective permit not exempted from permit renewal under 314 CMR 7.05 shall submit a new application at least 90 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Department. (4) Determination of the Completeness of and Action on the Application. The Department shall not issue a permit before receiving a complete application as required under 314 CMR 2.03(2). Within a reasonable time following the receipt of a complete application, the Department shall tentatively determine to issue or deny the permit. If the Department tentatively determines to issue the permit, the complete application and any special conditions proposed by the Department shall serve as the draft permit. The public notice required pursuant to 314 CMR 2.06: Public Notice and Comment shall include the Department's tentative determination to issue or deny the permit. After the conclusion of the 30 day public comment period, or 45 days in the case of RCRA facilities, the Department shall: (a) issue the permit, by signing or otherwise documenting its approval of the application including any special conditions imposed by the Department based on its review of the application or in response to public comments; or (b) deny the permit.