Supplemental Application and Permit Requirements

(1) Duty to apply. Any person who owns or operates a RCRA facility other than a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall complete and submit The Supplemental Application Form HW and shall submit all attachments required by said form, in accordance with the applicable provisions of 314 CMR 8.07(1)(a) or (b): (a) Any person required to obtain a permit pursuant to 314 CMR 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge Permit Program, and who does not have a currently effective permit, or any person who requires modification of a permit under 314 CMR 3.00 or 5.00 in order to operate a proposed new RCRA facility, shall submit Form HW along with the forms specified in 314 CMR 3.10(1): Duty to Apply and to Provide Information Requested by the Department in the Application or 5.09A(1): Application for a Permit at least 180 days before the date on which the discharge is to commence or the date on which operation of the RCRA facility is to commence, as applicable, unless permission for a later date has been granted by the Department. Persons proposing new discharges or new RCRA facilities are encouraged to submit their applications well in advance of the 180 day requirement to avoid delay. (b) Any person with a currently effective permit who owns or operates an existing RCRA facility shall submit the Supplemental Application Form HW at the earlier of the following times: 1. Within 180 days of receipt of a request from the Department to submit said form; or 2. At the time of submittal of an application for permit renewal under 314 CMR 3.10(3)(b) or 5.09A(3)(b) except that item 3 and the attachments required in items 5 through 14 of the Supplemental Application Form HW need not be submitted unless requested by the Department. These items shall be completed and submitted within 180 days of the Department's request. (2) The Department shall not issue a permit authorizing operation of a RCRA facility unless the applicant demonstrates compliance with the standards of 314 CMR 8.07 through submittal of the Supplemental Application Form HW and all attachments thereto, and any other information as may be required by the Department on a case-by-case basis to determine conformance with applicable requirements. (3) Any permit authorizing the operation of a RCRA facility shall be allowed to remain in effect only to the extent, and only while, the Department is persuaded that the permittee is in compliance, and will be in compliance routinelyand on a continuing basis, with all standards and requirements set forth in 314 CMR 8.00 and M.G.L. c. 21, §§ 26 through 53. (4) The owner and operator of a RCRA facility shall comply with all management plans approved by the Department required by 314 CMR 8.06(2). (5) Any permit authorizing the operation of a RCRA facility may include additional conditions established by the Department on a case-by-case basis to assure compliance with 314 CMR 8.00 and M.G.L. c. 21, §§ 26 through 53.