310 CMR 4.00 — Timely action schedule and fee provisions

cmr-310-4.00310 CMR 4.00Regulation

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 310 CMR 4.00:TIMELY ACTION SCHEDULE AND FEE PROVISIONS Section 4.01: Purpose, Authority and General Provisions 4.02: Definitions 4.03: Annual Compliance Assurance Fee 4.04: Permit Application Schedules and Fees 4.05: Alternative Project-specific Schedules and Fees 4.06: Adjudicatory Hearing Filing Fee 4.08: Public Record Fees 4.09: Targeted Technical Assistance Fees 4.10: Appendix: Schedules for Timely Action and Permit Application Fees

310 CMR 4.00 Timely action schedule and fee provisions

4.01 Purpose, Authority, and General Provisions

4.01: 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)

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.01 continued

4.01: continued

  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.
4.02 Definitions

4.02: 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.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.02 continued

4.02: continued 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.

4.03 Annual Compliance Assurance Fee

4.03: Annual Compliance Assurance Fee (1) General. (a) Annual compliance assurance fees shall be payable by all permittees in the categories identified in 310 CMR 4.03(2), in the amounts set forth in 310 CMR 4.03(2). Agencies of the Commonwealth shall be exempt from annual compliance assurance fees. For the purpose of M.G.L. c. 21E, § 3B, 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.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued (b) A permittee with more than one permit shall pay the fee indicated for each such permit, except as otherwise provided in 310 CMR 4.03(2). Such fees shall be payable in each commonwealth fiscal year for each such permit. For permits issued after January 1, 1991, other than permit renewals, modifications or amendments, or other changes in permit status or categories, no annual compliance assurance fee shall be assessed for that permit in the fiscal year in which the permit is issued, except as otherwise provided in 310 CMR 4.03(2), or unless the fee is established pursuant to 310 CMR 4.05. For fiscal year 1991, the category to which each permit belongs shall be determined based on the formal status as shown by Department records of the permit as of December 1, 1990, except as provided in 310 CMR 4.03(8)(c). In subsequent fiscal years, the category to which each permit belongs shall be determined based on the formal status in Department records of the permit as of the beginning of that fiscal year on July 1, except as provided in 310 CMR 4.03(8)(c). Annual st compliance fees for permits issued in accordance with 310 CMR 4.05 shall be established as provided. (c) Notwithstanding 310 CMR 4.03(1)(b), annual compliance assurance fees pursuant to M.G.L. c. 21E shall be assessed on a billable year basis. The billable year ends on the annual status date for a site. The first status date shall be determined as follows:

  1. For sites where release notification is submitted to the Department on or after October 1, 1993, the first status date shall be the 12-month anniversary date of the oral or written date of release notification, whichever is earlier, or, effective February 24, 1995, the earliest date computed in accordance with 310 CMR 40.0404(3).
  2. For sites identified prior to October 1, 1993 and existing in Department records pursuant to 310 CMR 40.0600: Transition Provisions, as formerly in effect, the first status date shall be the 12-month anniversary date of the first required submittal pursuant to said 310 CMR 40.0600: Transition Provisions; and effective November 18, 1994, the first status date shall be the date of the first required submittal or as specified in said 310 CMR 40.0600: Transition Provisions, whichever is earlier.
  3. Notwithstanding 310 CMR 4.03(1)(c)1., effective February 24,1995, the first status date for each site classified as Tier IB pursuant to 310 CMR 40.0520(2)(d) as formerly in effect shall be February 24, 1995. (d) Notwithstanding 310 CMR 4.03(1)(b), the classification and category assigned to each M.G.L. c. 21E site shall be determined based on the formal status as shown by Department records of the site as of that site's status date, except as provided in 310 CMR 4.03(8)(c), and effective November 3, 1995, except as provided in 310 CMR 40.0008(4): Determining Date of Receipt of Document Submitted to the Department. (e) Notwithstanding 310 CMR 4.03(1)(b), annual compliance assurance fees pursuant to M.G.L. c. 21E shall be payable for each billable year until and including the year that a Permanent Solution is achieved and a Permanent Solution Statement is filed for the entire site pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions, or a Downgradient Property Status submittal is filed pursuant to 310 CMR 40.0180: Downgradient Property Status. (f) Notwithstanding 310 CMR 4.03(1)(b), annual compliance assurance fees shall be assessed pursuant to M.G.L. c. 21E as of the first status date as defined in 310 CMR 4.03(1)(c) or alternative status date established by the Department pursuant to 310 CMR 40.0501(2)(b), 310 CMR 40.0570: Requirements for Eligible Persons, Eligible Tenants or Other Persons Seeking to Reestablish Response Action Deadlines, or 310 CMR 40.0601: Scope and General Provisions, as formerly in effect, in each billable year, including any year in which a permit application fee is paid. (g) Notwithstanding 310 CMR 4.03(1)(c), when multiple sites are combined under a single Tier Classification, the status date of all of the sites subject to the Tier Classification shall be the earliest applicable status date, unless the Department establishes an alternative status date. When a Special Project Designation permit includes more than one site, the status date for all the sites shall be the earliest applicable status date, unless the Department establishes an alternative status date. (h) Notwithstanding 310 CMR 4.03(1)(b), and excluding permits issued pursuant to 310 CMR 7.24(3) and 310 CMR 7.24(6), a facility with one or more air quality permit(s) shall pay the single highest applicable air quality annual compliance assurance fee. Effective May 1, 2020. (i) Notwithstanding 310 CMR 4.03(1)(b), annual compliance assurance fees shall be payable in the same fiscal year as filing of a required Environmental Results Program self certification. The status date shall be the date required for the filing of that fiscal year's certification.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued (j) Notwithstanding 310 CMR 4.03(1)(b), a surface water discharger with multiple surface water permits shall pay the single highest applicable annual compliance assurance fee. (k) Notwithstanding 310 CMR 4.03(1)(b), the Mercury-added Lamp Registration: annual registration fee, shall be payable in the same calendar year as the submittal of the annual registration pursuant to 310 CMR 75.05(3)(a).

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION NON-TEXT PAGE

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued (2) Fee Amounts by Permit Category. The annual compliance assurance fee for each permit shall be the fee set forth in 310 CMR 4.03(2): Table 4.03. TABLE 4.03 ANNUAL FEEPERMIT CATEGORY (dollars) ENVIRONMENTAL RESULTS PROGRAM $305Dry Cleaner Certifier required pursuant to 310 CMR 70.00: Environmental Results Program Certification, effective August 8, 2013 $215Photo Processor Certifier required pursuant to 310 CMR 70.00: Environmental Results Program Certification who discharges to a publicly owned treatment works facility excluding a discharger to the Massachusetts Water Resources Authority, effective August 8, 2013 $60Photo Processor Certifier required pursuant to 310 CMR 70.00: Environmental Results Program Certification who discharges to the Massachusetts Water Resources Authority, effective August 8, 2013 $275Small Printer Certifier pursuant to 310 CMR 7.26(20): Environmental Results Program: Lithographic, Graphic Arts, and Screen Printing $275Midsize Printer Certifier pursuant to 310 CMR 7.26(20) $705Large Printer Certifier pursuant to 310 CMR 7.26(20) $1,440Large Printer Certifier pursuant to 310 CMR 7.26(20) holding AQ09 permit or an AQ permit qualifying for the minor AQ compliance category AIR QUALITY Set by equationOperating Permit Enrollee

  • Effective June 20, 2014, required for any facility subject to 310 CMR 7.00: Appendix C, not holding an Operating Permit. The fee is based upon Department records as of July 1 of the relevant fiscal year. AA is the st Adjusted Actual emissions as reported to the Department pursuant to 310 CMR 7.12: U Source Registration, of hazardous air pollutants (HAP) and criteria air pollutants excluding carbon monoxide, averaged over the most recent three calendar years of available data. HAP emissions also reported as criteria pollutants shall not be double counted in this fee calculation. The AA of each pollutant shall be capped at 7,500 tons/per pollutant. The fee shall be calculated as follows: (1) where AA is greater than or equal to 5,000 tons, by adding the base fee of $100,000 and $25 (AA-5000); or (2) where AA is greater than or equal to 250 tons but less than 5,000 tons, by adding the base fee of $7,500 and $12 (AA-250); or (3) where AA is greater than or equal to 100 tons but less than 250 tons, by adding the base fee of $5,500 and $8 (AA-100); or (4) where AA is less than 100 tons, by adding the base fee of $3,000 and $6 (AA-50); or (5) where a facility is subject to 310 CMR 7.08(2): Municipal Waste Combustors, 310 CMR 7.29: Emissions Standards for Power Plants, 310 CMR 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR), or 2 310 CMR 7.70: Massachusetts CO Budget Trading Program 2 Massachusetts CO Budget Trading Program, by adding the base fee of $7,500 and $17 (AA-50); or (6) Notwithstanding 310 CMR Table 4.03: Air Quality(1) through (5), if a facility subject to a Minor Group fee in 310 CMR 4.03(2) has become subject to 310 CMR 7.00: Appendix C due to the construction, substantial reconstruction or alteration of an emission unit that has not yet commenced operations, such facility shall continue to be subject to its applicable Minor Group One, Minor Group Two, or Minor Group Three annual compliance fee in 310 CMR 4.03(2). After such emission unit commences operations, the facility shall be subject to the applicable fee in 310 CMR Table 4.03: Air Quality(1) through (5).

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued (7) Notwithstanding 310 CMR Table 4.03: Air Quality(1) through (5), if a facility not subject to a Minor Group fee in 310 CMR 4.03(2) has become subject to 310 CMR 7.00: Appendix C and has not commenced operations, such facility shall be subject to an annual compliance fee of $2,000. After such facility commences operations, such facility shall be subject to the applicable fee in 310 CMR Table 4.03: Air Quality(1) through (5). The amount calculated in (1), (2), (3), (4) or (5) shall be rounded down to the nearest $1,000, but no fee shall be less than the respective base fee. Where a facility is subject to more than one formula, only the largest fee shall be due. Set by equation Operating Permittee Effective June 20, 2014, required for any facility holding an operating permit. The fee is based upon Department records as of July 1 of the st relevant fiscal year. AA is the Adjusted Actual emissions as reported to the Department pursuant to 310 CMR 7.12: U Source Registration, of hazardous air pollutants (HAP) and criteria air pollutants excluding carbon monoxide, averaged over the most recent three calendar years of available data. HAP emissions also reported as criteria pollutants shall not be double counted in this fee calculation. Emissions of each pollutant are capped at 7,500 tons per pollutant and the fee is calculated: (1) where AA is greater than or equal to 5,000 tons, by adding the base fee of $100,000 and $25 (AA-5000); or (2) where AA is greater than or equal to 250 tons, but less than 5,000 tons, by adding the base fee of $7,500 and $12 (AA-250); or (3) where AA is greater than or equal to 100 tons, but less than 250 tons, by adding the base fee of $5,500 and $8 (AA-100); or (4) where AA is less than 100 tons, by adding the base fee of $3,000 and $6 (AA-50); or (5) where a facility is subject to 310 CMR 7.08(2): Municipal Waste Combustors, 310 CMR 7.29: Emissions Standards for Power Plants, 310 CMR 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR) or 310 CMR 7.70: Massachusetts CO2 Budget Trading Program by adding the base fee of $7,500 and $17 (AA-50). The amount calculated in (1), (2), (3), (4) or (5) is rounded down to the nearest $1,000, but no fee shall be less than the respective base fee. Where a facility is subject to more than one formula, only the largest fee is due. $1,760Minor Group One

  • a facility with potential emissions equal to or greater than five, but less than ten tons per year of any one Hazardous Air Pollutant (HAP), or equal to or greater than 12.5, but less than 25 tons per year of any combination of HAP, or equal to or greater than 25, but less than 50 tons per year of VOC or NOx, or equal to or greater than 50, but less than 100 tons per year of any other regulated pollutant, or a facility holding a AQ09 (Restricted Emissions Status) permit pursuant to 310 CMR 7.02(9): Restricted Emission Status (RES); and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020. $705Minor Group Two
  • a facility with potential emissions greater than 2.5, but less than five tons per year of any one Hazardous Air Pollutant (HAP), or greater than 6.25, but less than 12.5 tons per year of any combination of HAP, or greater than

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued 12.5, but less than 25 tons per year of VOC or NOx, or greater than 25, but less than 50 tons per year of any other regulated pollutant or a facility subject to a New Source Performance Standard (NSPS-40 CFR 60) or a National Emission Standard for Hazardous Air Pollutants (NESHAPs - 40 CFR 61), both delegated to the Department prior to July 1, 1992 with potential emissions less than five tons per year of any one Hazardous Air Pollutant (HAP), or less than 12.5 tons per year of any combination of HAP, or less than 25 tons per year of VOC or NOx, or less than 50 tons per year of any other regulated pollutant; and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration; and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION NON-TEXT PAGE

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued $315Minor Group Three

  • a facility with potential emissions equal to or less than 2.5 tons per year of any one Hazardous Air Pollutant (HAP), or equal to or less than 6.25 tons per year of any combination of HAP, or equal to or less than 12.5 tons per year of VOC or NOx , or equal to or less than 25 tons per year of any other regulated pollutant, and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020. $245Motor Vehicle Fuel Dispensing Facility subject to 310 CMR 7.24(3): Distribution of Motor Vehicle Fuel and/or 310 CMR 7.24(6): Dispensing of Motor Vehicle Fuel, effective June 20, 2014 HAZARDOUS WASTE $10,365Treatment, storage or disposal facility, effective August 8, 2013 $3,880Large Quantity Generator excluding dry cleaner, photo processor, and printer certifiers pursuant to 310 CMR 70.00: Environmental Results Program Certification, that is subject to an ERP annual compliance fee effective May 1, 2020 $645Small Quantity Generator excluding dry cleaner, photo processor, and printer certifiers pursuant to 310 CMR 70.00: Environmental Results Program Certification, that is subject to an ERP annual compliance fee effective May 1, 2020 $3,880Level III recycling facility, effective May 1, 2020 Set by EquationMercury-added Lamp Manufacturer Registration: annual registration fee. Effective April 5, 2019 through June 30, 2024, required for any mercury-added lamp manufacturer subject to 310 CMR 75.05: Mercury- added Lamps. The fee is based upon mercury-added lamp sales reported on the annual registration form. Where A is the number of mercury-added lamps reported by the manufacturer and B is the sum of all mercury-added lamps reported by all manufacturers and where M is the total number of manufacturers reporting pursuant to 310 CMR 75.05, and the administrative base fee is $100, the fee shall be calculated in accordance with the following equation: (1) $100 + [(A/B) X [$300,000 - ($100 X M)]] with a maximum fee of $10,000, unless; (2) The sum of all individual manufacturers' fees as calculated in (1) is less than $300,000, the fee will then be recalculated utilizing the formula under (1), but without the $10,000 maximum. SOLID WASTE $1,700Recycling and Organics Management Operation: with RCC Permit pursuant to 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations, excluding an organic material only transfer operation that is permitted to receive no more than two tons per day and to have no more than five tons on-site at any time, effective June 20, 2014

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued $400Recycling and Organics Management Operation: with a SW46 or SW47 permit pursuant to 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations, where said operation is (i) a transfer operation limited to organic material only and (ii) is permitted to receive a maximum of two tons per day and to have no more than five tons on site at any time, effective June 20, 2014 $1,975Small Transfer Station or C&D Processing Facility, effective August 8, 2013 $8,205Large Transfer Station or C&D Processing Facility, effective August 8, 2013 $1,485Small Handling Facility, effective August 8, 2013 $3,345Large Handling Facility, effective August 8, 2013 $17,495Operating Landfill: with permit SW10 Authorization to Operate until permit SW25 Landfill Closure/Corrective Action Design is issued, excluding permit for woodwaste landfill and landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013. $17,495Closing Landfill: with permit SW25 Landfill Closure/Corrective Action Design until permit SW43 Closure Completion is issued, excluding permit for woodwaste landfill and landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013 $2,970Woodwaste landfill (effective August 8, 2013) $1,060 Landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013 $1,400Closed Landfill holding permit SW43 Closure Completion, or, for landfills closed prior to 1990, an Approved Post Closure Monitoring Plan, effective June 20, 2014 $8,205Combustion Facility, effective August 8, 2013 COMPOST FACILITIES $1,290Compost Facility permitted by solid waste or water pollution control pursuant to 310 CMR 19.000: Solid Waste Management, 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers or 310 CMR 32.00: Land Application of Sludge and Septage, effective June 20, 2014 WATERSHED MANAGEMENT $215Withdrawal permit and/or registration within a single water source considered to be a single river basin as defined by 310 CMR 36.03: Definitions and 313 CMR 4.03: Delineation of River Basins, effective August 8, 2013 $10,800Facility with WM05 or IW16 permit for Surface Water Discharge (NPDES), March 24, 2017 $1,830Facility with WM06 or IW18 permit for Surface Water Discharge (NPDES), March 24, 2017 WATER POLLUTION CONTROL Groundwater Discharges $14,855Facility with a permit authorizing discharge of treated sewage equal to or greater than 50,000 gallons per day, and approved to commence operations; other discharges not included in the other groundwater discharge compliance assurance categories, March 24, 2017 $8,320Facility with a permit authorizing discharge of treated sewage greater than 10,000 gallons per day but less than 50,000 gallons per day, and approved to commence operations, March 24, 2017

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION $3,565Facility with a permit authorizing discharge of 10,000 or less gallons per day of sewage, or permit pursuant to 314 CMR 4.10(9)(e), (f), (g) or (h) that only utilizes septic tanks and land disposal for wastewater treatment and approved to commence operations, March 24, 2017 $7,425Facility with a permit authorizing discharge of treated sewage equal to or greater than 50,000 gallons per day but not approved to commence operations, March 24, 2017 $4,160Facility with a permit authorizing discharge of treated sewage greater than 10,000 gallons per day but less than 50,000 gpd, but not approved to commence operations, March 24, 2017 $1,780Facility with a permit authorizing discharge of 10,000 or less gallons per day of sewage or permit pursuant to 314 CMR 5.10(9)(e), (f), (g) or (h) but not approved to commence operations, March 24, 2017 $1,080Facility with General Permit WP80 for specified discharges, effective August 8, 2013 $1,080Facility with Reclaimed Water Discharge Permit WP84, effective August 8, 2013 $215Facility with Discharge Permit WP85, effective August 8, 2013 $12,420Type II Facility with IW03 or WP86 permit to discharge industrial wastewater and authorization to construct and operate a type II wastewater treatment system, effective August 8, 2013 $3,345Type I Facility with a permit IW05 or WP87 to discharge industrial wastewater and authorization to construct and operate a type I wastewater treatment system, effective March 24, 2017 $215Other Facility with Permit IW02 to discharge industrial wastewater, effective August 8, 2013 Residuals management $1,290Residuals landfill, effective August 8, 2013 $1,290Pelletizing facilities, effective August 8, 2013 LABORATORY CERTIFICATION $260Certified Microbiology Laboratory, plus the fee for each testing category as certified on July 1 of each year in the amount as set forth in 310 CMR st 4.10(9)(a) (LES01EA), effective August 8, 2013 $1,140Certified Chemical Laboratory, plus the fee for each testing category as certified on July 1 of each year in the amount as set forth in 310 CMR st 4.10(9)(b) (LES02EA), effective August 8, 2013 BUREAU OF WASTE SITE CLEANUP $1,225Homeowner Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 $2,455Homeowner Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 $1,225Homeowner Tier II - site classified as Tier II pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 $490Homeowner Phase V - site at which Phase V response actions consisting of operation, maintenance or monitoring are undertaken pursuant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued $490Homeowner Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 $1,000Homeowner Notice of Activity and Use Limitation - one-time fee for each Notice of Activity and Use Limitation filed pursuant to 310 CMR 40.1074: Notice of Activity and Use Limitation prior to or concurrently with the filing of a Permanent Solution Statement, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 $735Homeowner Permanent Solution - one-time fee effective June 20, 2014 for a Permanent Solution Statement filed for the site after 120 days following the earliest date computed in accordance with 310 CMR 40.0404(3)(a) through (d) and prior to Tier Classification, where the person is a Homeowner as defined in 310 CMR 4.02. Also for each Permanent Solution Statement filed for a site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, provided that such submittal is filed within 90 days following the site's first status date; fee is in lieu of Tier ID fee for the second billable year. $490Homeowner Release Abatement Measure - one-time fee for each Release Abatement Measure Plan submitted prior to Tier Classification, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 $100FTLI Status Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172, effective June 20, 2014 $100FTLI Status Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014 $100FTLI Status Tier II - site classified as Tier II pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014 $100FTLI Status Phase V - site at which Phase V response actions consist-ing of operation, maintenance, or monitoring are undertaken pursuant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014 $100FTLI Status Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014 $4,320Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, effective June 20, 2014 $4,915Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, effective June 20, 2014 $2,455Tier II - site classified as Tier II pursuant to 310 CMR 40.0500,: Tier Classification and Response Action Deadlines effective June 20, 2014

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued $980Phase V - site at which Phase V response actions consisting of operation, maintenance, or monitoring are undertaken purusant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, effective June 20, 2014 $980Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, effective June 20, 2014 $2,000Notice of Activity and Use Limitation - one-time fee for each Notice of Activity and Use Limitation filed pursuant to 310 CMR 40.1074: Notice of Activity and Use Limitation prior to or concurrently with the filing of a Permanent Solution Statement, effective June 20, 2014 $1,470Permanent Solution - one-time fee effective June 20, 2014 for a Permanent Solution Statement filed for the site after 120 days follow-ing the earliest date computed in accordance with 310 CMR 40.0404(3)(a) through (d) and prior to Tier Classification. Also, for each Permanent Solution Statement filed for a site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, provided that such statement is filed within 90 days following the site's first status date; fee is in lieu of Tier ID fee for the second billable year. $980Release Abatement Measure - one-time fee for each Release Abatement Measure Plan submitted prior to Tier Classification, effective June 20, 2014 set by formulaSpecial Project Designation - for the duration of Special Project Designation Permits approved pursuant to 310 CMR 40.0061(1)(a):

  • For each batch submittal of Permanent Solution Statements the fee is the total based upon the number of individual Permanent Solution Statements in each batch: 1-5 $1,470 each (capped at $4,420 for total batch); 6-15 $860 each (capped at $9,460 for total batch), 16-49 $735 each (capped at $23,590 for total batch); 50 or more $490 each (capped at $29,490 for total batch), effective June 20, 2014
  • For each batch submittal of Release Abatement Measure Plan submittals the fee is the total based upon the number of individual RAM Plan submittals in each batch: 1-5 $980 each (capped at $2,945 for total batch); 6-15 $550 each (capped at $6,020 for total batch); 16-49 $490 each (capped at $15,725 for total batch); 50 or more $365 each (capped at $22,120 for total batch), effective June 20, 2014 $1,965Downgradient Property Status Submittal - one time fee for each DPS submittal filed pursuant to 310 CMR 40.0183: General Requirements and Procedures for Asserting Downgradient Property Status prior to Tier Classification effective August 8, 2013 (3) Statement of Fee Amount. (a) At least 45 days before the date a fee is due, the Department shall provide the permittee a written statement of the amount due. The statement may be provided by mail or personal delivery to the correspondence address listed in the permit or permit application, to the address of the permitted facility or project, or to any other correspondence address used by the permittee; or by any means provided for service of process; or by other means reasonably calculated to assure receipt by the permittee. (b) The statement of fee amount shall include, without limitation, the following:
  1. the permit and permit category for which each fee is due pursuant to 310 CMR 4.03(2);
  2. the amount due for each such permit;
  3. the date by which payment is due;
  4. the manner and form in which payment may be made;
  5. notice of the provisions for extension of the time for payment pursuant to 310 CMR 4.03(6);
  6. notice of the consequences of failure to make timely payment pursuant to 310 CMR 4.03(7); and
  7. notice of the procedure for seeking review of the fee determination pursuant to 310 CMR 4.03(8).

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued (c) For M.G.L. c. 21E Tier I and Tier II sites, the Department shall not require a Tier I or Tier II fee to be paid for the first billable year, provided that the complete information required at 310 CMR 40.0500: Tier Classification and Response Action Deadlines is received by the Department on or before the first status date. (d) For M.G.L. c. 21E sites, the Department shall not require an annual compliance assurance fee to be paid by an owner or operator holding a valid Downgradient Property Status for the billable year in which such owner or operator files a DPS submittal, pursuant to 310 CMR 40.0183: General Requirements and Procedures for Asserting Downgradient Property Status, provided the DPS submittal adequately documents the source of the release as an upgradient Tier Classified site or site that has achieved a Permanent Solution. (e) For M.G.L. c. 21E sites, notwithstanding 310 CMR 4.03(2), the Department shall not require Permanent Solution or Release Abatement Measure fees to be paid for response actions by an owner or operator holding a valid Downgradient Property Status relative to those sites. (4) Payment of Fee. Unless the permittee seeks an extension of the time for making payment pursuant to 310 CMR 4.03(6), the permittee shall make payment in full on or before the date, and in the manner and form, specified in the statement of fee amount. Except to the extent authorized by the Department pursuant to 310 CMR 4.03(6)(c)1., late payment, nonpayment, partial payment, or failure to make payment in the specified manner and form shall constitute a failure by the permittee to pay the fee when due. (5) Proof. The permittee’s cancelled check shall act as proof of payment of the annual compliance assurance fee. (6) Hardship Requests: extension of time for making payment. (a) In instances of severe financial hardship, the Commissioner may, at his or her discretion, grant a timely request to extend the time for making payment of the annual compliance assurance fee. The permittee shall bear the burden of persuasion that the request should be granted. (b) A permittee seeking an extension of time for making payment shall file a written request for extension on or before the date on which the fee is due. Such requests shall be deemed to be filed upon receipt by the Department. Timely filing of a request for extension containing all elements required by 310 CMR 4.03 shall stay suspension of the permit pursuant to 310 CMR 4.03(7)(a). The request shall be filed in the form and manner indicated in the statement of fee, and shall include the following:

  1. the permittee's name and address;
  2. the category of the permit, the amount of the fee due and due date;
  3. the specific circumstances the permittee believes constitute severe financial hardship;
  4. a proposed schedule for making payment; and
  5. the reasons the permittee believes the proposed schedule is appropriate. (c) The Commissioner shall promptly notify the permittee making the request of the Department's decision on the request. The Commissioner may request any supplemental information from the applicant to aid in such decision. Notice shall be given to the permittee by any method described in 310 CMR 4.03(3)(a). The Commissioner's decision on such a request shall not be deemed to give rise to any right to an adjudicatory hearing. (7) Failure to Make Timely Payment. (a) Suspension of Permit.
  6. Suspension. Failure to make complete and timely payment shall result in a suspension of the permit by operation of law pursuant to M.G.L. c. 21A, § 18(a). Pursuant to the provisions of M.G.L. c. 30A, § 13(3), the Department's suspension of a permit due to a permittee's failure to pay an annual compliance assurance fee is not subject to a claim for an adjudicatory hearing.
  7. Notwithstanding the first sentence of 310 CMR 4.03(7)(a)1., failure by a permittee to make complete and timely payment of fees owed pursuant to M.G.L. c. 21E by the date due may result in suspension of any or all permits that such person has obtained from the Department. The Department shall give notice of such suspension prior to its effective date. Pursuant to the provisions of M.G.L. c. 30A, § 13(3), the Department's decision to suspend a permit is not subject to a claim for an adjudicatory hearing.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued 3. Effects of Permit Suspension. If a permit is suspended pursuant to the provisions of 310 CMR 4.03(7)(a)1. or 2., the Department may deny any other permit application pending before the Department that is made by or on behalf of a permittee who has an overdue and outstanding annual compliance assurance fee. 4. Reinstatement. Upon receipt of payment of the fee due, together with any interest due, the suspended permit shall be reinstated on the date of receipt, providing no revocation of the permit has been issued prior to that date. (b) Revocation of Permit. If a permittee's failure to pay an annual compliance assurance fee continues for 60 days or more beyond the date on which the fee was due, the Department may revoke the permit; provided, however, that if a permittee's failure to pay an annual compliance assurance fee owed pursuant to M.G.L. c. 21E continues for 60 days or more beyond the date on which the fee was due, the Department may revoke any or all permits that such person has obtained from the Department. The Department shall notify the permittee of the revocation by certified mail or personal delivery to the address listed in the permit or permit application, or by any means provided for service of process. The revocation shall take effect on the date issued by the Department, or such other date as specified in the Department's notice. Pursuant to the provisions of M.G.L. c. 30A, § 13(3), the Department's revocation of a permit due to a permittee's failure to pay an annual compliance assurance fee is not subject to a claim for an adjudicatory hearing. (c) Publication. The Department may publicly release the names of permittees whose permits have been suspended or revoked pursuant to 310 CMR 4.03(7). (d) Interest. In the event of untimely payment, interest shall be assessed on the balance due at the rate determined by the commissioner of administration pursuant to M.G.L. c. 29, § 29C. (e) Nothing in 310 CMR 4.03(7) shall be construed to limit or bar the Department from assessing any penalty or taking other appropriate enforcement action for violation of any permit condition, order, or other requirement pursuant to any statute or regulation. (8) Review of Fee Determination. (a) A permittee who believes that the Department has incorrectly designated the category into which its permit falls for purposes of assessing an annual compliance assurance fee may request a review of that determination by filing a written request with the Department on or before the date of payment specified in the statement of fee. (b) The request shall be filed in the form and manner indicated in the statement of fee, and shall include the following:

  1. the permittee's name and address;
  2. the permit category and amount of the fee due according to the statement of fee, and date due;
  3. the permit category the permittee asserts is appropriate;
  4. payment in full of the amount of the fee due for the category the permittee asserts is appropriate; and
  5. the reasons the permittee believes the other category is appropriate. (c) The applicable permit category for each permit shall be the category into which the permit is assigned based on the formal status of the permit at the date specified in 310 CMR 4.03(1), unless the permittee had as of that date filed necessary application(s) to modify the relevant permit and taken other necessary action(s) to request a formal change in permit status. If the permittee had filed such application(s) and taken such action(s), the applicable category shall be determined on the merits of such request. The Department shall review the materials submitted by the applicant and the formal record of the permit, and shall issue a written decision determining the permit category. The Department's determination of the appropriate permit category shall not be deemed to give rise to any right to an adjudicatory hearing; provided, however, that the applicant may seek review of any decision on the merits of a pending request to modify the permit in the manner specified for review of permit decisions in the applicable statute or regulations. (d) Effect of Request for Review.
  6. Pending the Department's review of a properly filed request for review, the permit shall be deemed in effect. Should the permittee fail to make complete and timely payment of any balance due following the Department's determination, the permit shall be deemed suspended by operation of law.
  7. Notwithstanding 310 CMR 4.03(8)(d)1., should a permittee fail to make complete and timely payment of any balance due pursuant to M.G.L. c. 21E, the permit may be suspended in accordance with 310 CMR 4.03(7)(a)2.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued 3. In the event that the Department determines that the original statement of fee was correct, or that the permittee has not paid at least the full amount of the fee due for the appropriate category, the Department shall assess interest on any unpaid balance. Such interest shall be deemed to have begun to accrue as of the original date on which payment was due.

4.04 Permit Application Schedules and Fee

4.04: Permit Application Schedules and Fee (1) General. Schedules for timely action on permit applications shall be applicable to, and fees pertaining to such applications shall be payable by, all permit applicants for permits identified in 310 CMR 4.10(Appendix), as set forth in 310 CMR 4.10(Appendix). Except as otherwise provided in 310 CMR 4.04(2)(b) through (g), 4.04(3)(c) and (d), and 4.05, the applicable schedule for timely action and permit application fee for each permit and category of permit shall be as set forth in 310 CMR 4.10(Appendix). Such fees shall be payable for each such permit application. Permit applicants with applications pending before the Department as of January 1, 1991 may elect to pay the permit application fee; the schedule for timely action shall be applicable to such permit applications only upon payment of the permit application fee. The category to which each permit application belongs shall be determined based on the proposed activity defined in the permit application. An applicant seeking more than one permit shall pay the fee indicated for each such permit. A permit application or notification shall not be deemed valid, unless payment of the applicable fee is made or an extension is requested pursuant to 310 CMR 4.04(3)(c). If the full permit fee, or a hardship extension request has not been received within 180 days of submittal of the permit application, and the applicant fails to respond to Departmental notification of the pending administrative action to withdraw the permit, the application shall be deemed withdrawn. No refund of any portion of the application fee shall be due. (2) Operation of Provisions for Schedules for Timely Action. Schedules for timely action set forth in 310 CMR 4.10(Appendix), or established pursuant to 310 CMR 4.05, shall be applied in accordance with 310 CMR 4.04. (a) Commencement of Schedule. Computation of time periods that begin when a document is received and a permit application fee has been paid shall begin on the day following the day on which the later of those events occurs. (b) Operation of Defined Schedule Periods. 310 CMR 4.04 defines the operation of review periods for administrative completeness, technical, supplemental technical, and public comment review periods.

  1. Administrative Completeness Review. a. General. An initial administrative completeness review shall result in a determination of administrative completeness or a statement of administrative deficiencies. The Department may request additional information during the course of such review. b. Unless the number of days to respond to the Department's statement of administrative deficiencies is specified in 310 CMR 4.10, an M.G.L. c. 21E applicant may, within 15 days, and all other applicants may, within 180 days, respond to the Department's statement of administrative deficiencies by submitting any additional material to support the application. Failure by the applicant to submit such material within the specified time shall be deemed to be a withdrawal of the application; provided, that in such circumstances the applicant shall not be entitled to any refund of the permit application fee, notwithstanding the provisions of 310 CMR 4.04(3)(d). c. Second Administrative Completeness Review. If the Department has issued a statement of administrative deficiencies, a second administrative completeness review shall be conducted within the same number of days specified for the initial administrative completeness review, beginning with receipt of materials submitted by the applicant in response to the statement of administrative deficiencies. The Department may request additional information during the course of review. A second administrative completeness review shall result in a determination of administrative completeness or a denial of the permit application. A denial of the permit application shall be subject to appeal in the manner specified in applicable statute or regulations, provided that in any adjudicatory hearing the issues shall be

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.03 continued

4.03: continued limited to the question of whether or not the information submitted was administratively complete. If the applicant prevails in such a proceeding, the Department shall begin the next step of its review pursuant to the schedule for timely action for that permit. d. Effect of Determination. A determination of administrative completeness shall not constitute any finding with respect to the technical suitability, adequacy or accuracy of the materials provided, and shall be no bar to a request to amend, revise, replace, or supplement such materials based on technical suitability, adequacy or accuracy. 2. Technical Review. a. A technical review shall result: i. in a decision to grant or deny the permit; or ii. where public comment is provided, in a proposed decision to grant or deny the permit; or iii. where the Department would on the basis of the information in the record either deny the permit or impose conditions significantly modifying or restricting operation of the project or activity as proposed, in a statement identifying deficiencies in the application and supporting materials. The Department's decision to issue a statement identifying deficiencies shall not be deemed to give rise to any right to an adjudicatory hearing. b. The Department may request additional information during the course of a technical review. c. If the Department has issued a statement identifying deficiencies, a M.G.L. c. 21E applicant may within 30 days and all other applicants may within 45 days of issuance elect to proceed on the record as it stands at that time, by so notifying the Department in writing. An applicant so electing to proceed on the record may not in any manner amend, revise, replace, or supplement the application or supporting materials. If the applicant so elects, the Department shall issue a decision to grant or deny the permit, or a proposed decision to grant or deny the permit for public comment, within 45 days of receipt of the applicant's notice, subject to any adjustment in the schedule pursuant to 310 CMR 4.04(2)(d)2. or 3.a. d. A decision to grant or deny a permit following technical review shall be subject to appeal in the manner specified in applicable statute or regulations. e. A provision for presumptive approval or equivalent term set forth in a program regulation underlying a fee permit category listed in 310 CMR 4.10 shall result in approval of the permit application in the absence of a written deficiency statement or decision within the time frame established for presumptive approval. 3. Supplemental Technical Review. a. A supplemental technical review shall result in a decision to grant or deny the permit, or, where public comment is provided, in a proposed decision to grant or deny the permit. b. The Department may request additional information during the course of a supplemental technical review. c. A decision to grant or deny a permit following supplemental technical review shall be subject to appeal in the manner specified in applicable statute or regulations. 4. Public Comment Review. a. A public comment review shall result in a decision to grant or deny the permit. b. The Department may request additional information during the course of such review. c. A decision to grant or deny a permit following public comment review shall be subject to appeal in the manner specified in applicable statute or regulations. d. For applications filed pursuant to M.G.L. c. 21E, and 310 CMR 40.0000: Massachusetts Contingency Plan, a public comment period shall, if applicable, occur concurrently with the technical review. A second public comment period shall, if applicable, occur at either the end of the technical review or the supplemental technical review. The applicant shall have an additional 30 days beyond the second public comment period to respond, if significant comments are received.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.04 continued

4.04: continued (c) Additional Information Submitted by Applicants.

  1. Submittals During Departmental Review Periods. The Department may request additional information from the applicant during any Departmental review period without extending or reducing the time provided in the schedule for the Department to complete such review. The Department may make such requests either orally or in writing. In making any such written request, the Department shall specify a reasonable time within which the applicant may provide such additional information, considering the time required to produce the information and the time required to review it within the applicable period for the Department to take action. Such specification of time shall not be deemed to give rise to any right to an adjudicatory hearing. The Department shall not be required to consider in any decision or action, including any adjudication, any additional information submitted by the applicant beyond the limit of time so specified by the Department, unless that additional information is timely submitted in response to a statement identifying deficiencies or another written request from the Department pursuant to 310 CMR 4.04(2)(c).
  2. Change in Project. a. Determination of Change. The Department may determine that the applicant has filed a new application whenever additional information provided by the applicant during any Departmental review period, in response to any statement identifying deficiencies in the application or supporting materials, or during any period allowed for public comment, either i. results in a change in the category in which the permit application is classified, or ii. significantly increases or changes the nature of the potential effects of the proposed project or activity on public health and safety or the environment. Upon making a determination that the applicant has filed a new application, the Department shall promptly notify the applicant in writing. The notice shall indicate the basis for the determination and summarize the provisions of 310 CMR 4.04(2)(c)2. relative to such determinations. The determination that a project has changed shall not be grounds for a request for adjudicatory hearing; however, an applicant aggrieved by such a determination may seek review of the determination as an issue in any appeal of the permit decision. b. Effects of Determination on Schedule. i. Immediately upon issuance of the notification, the schedule for timely action shall be suspended. ii. If the determination resulted from a proposed change in design or operation of the proposed project or activity, the applicant may within 45 days withdraw the change and return to its previous proposal by so notifying the Department in writing. If the applicant so notifies the Department, the schedule for timely action shall resume at the point at which it was suspended. iii. If the determination resulted from any other cause, or if the applicant does not elect to withdraw the change, the Department shall begin a review of the new application pursuant to the relevant schedule for timely action. c. Effects of Determination on Fee. Unless the applicant elects to proceed with the previous application in accordance with 310 CMR 4.04(2)(c)2.b.ii., the original application shall be deemed withdrawn, and the fee shall be disposed as provided in 310 CMR 4.04(3)(d); provided, that the Department shall credit any amount to be refunded toward the permit application fee payable for the new permit application unless the applicant requests a refund. (d) Application of Schedule Periods.
  3. For the purposes of 310 CMR 4.04(2), an "interim review period" shall mean the period allowed for any administrative completeness review, technical review, or supplemental technical review which may result in an identification of deficiencies or a proposed decision for public comment, or any other period for action by the Department that may not or does not require a final decision to grant or deny the permit. A "final review period" shall mean the period allowed for a technical or public comment review

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.04 continued

4.04: continued or other period for action by the Department, which must result in a decision to grant or deny the permit. The schedules for timely action established in 310 CMR 4.04 create no right to any remedy except that specifically provided in 310 CMR 4.04 and in M.G.L. c. 21A § 18 or in M.G.L. c. 21E, § 3B. 2. Accelerated Action by Department. Should the Department complete the required action for any interim review period in less time than is allowed pursuant to the applicable schedule, one day shall be added to the number of days allowed for the Department's next action, if any, in the applicable schedule for each day that the Department's action precedes the date by which such action was required. 3. Tardy Action by Department. a. Should the Department fail to take timely action on a permit application within any interim review period, subject to any adjustment required by 310 CMR 4.04(2)(d)2., one day shall be subtracted from the number of days allowed for the Department's next action in the appropriate schedule for each day that the Department's action is tardy, unless the schedule for taking such action has been extended pursuant to 310 CMR 4.04(2)(e) or (f). b. Should the Department fail to take timely action on a permit application within any final review period, subject to any adjustment required by 310 CMR 4.04(2)(d)2. and 4.04(2)(d)3.a., the Department shall refund the permit application fee paid by the applicant, unless the schedule for taking such action has been extended pursuant to 310 CMR 4.04(2)(e) or (f). The Department shall continue to process the permit application following a refund. The applicant may agree to accept an extended review schedule in lieu of receiving a refund. c. Notwithstanding 310 CMR 4.04(2)(d)3.b., the Department shall continue to process a permit application pursuant to M.G.L. c. 21E and 310 CMR 40.0000: Massachusetts Contingency Plan on a high priority basis. 4. Tardy Action by Applicant. Should the applicant fail to respond to the Department's statement of deficiencies within the period provided for doing so, the application may be deemed withdrawn, unless the schedule for doing so has been extended pursuant to 310 CMR 4.04(2)(e)3. or (f). The Department shall issue a final decision to deny or approve in a technical review period. (e) Extension of Schedule by Other Actions.

  1. Failure of Payment. Whenever a check or other form of payment of a permit application fee is returned for insufficient funds, or if payment in full is in any other manner prevented, the schedule for timely action shall be suspended. The Department shall notify the applicant of such suspension in writing. When the Department has verified receipt of payment in full, the Department shall so notify the applicant in writing. The time period for the Department to complete the next relevant action shall be that period specified in the schedule for timely action, subject to any modification in accordance with 310 CMR 4.04(2)(d)2., 4.04(2)(d)3., or (2)(f), beginning on the day after such notice is issued
  2. Extension of Periods for Departmental Action. a. The time periods for the Department to take any action shall be extended whenever the Department determines that action by another federal, state, or municipal governmental agency is required before the Department may act, or that judicial proceedings affect the ability of the Department or the applicant to proceed with the application, or when the Department has commenced enforcement proceedings which could result in revocation of an existing permit for that facility or activity and denial of the application. The applicant shall promptly notify the Department in writing whenever it believes that action by another governmental agency is required, or that judicial proceedings affect the ability of the Department or the applicant to proceed with the application. b. The Department shall provide written notice of such determination to the permit applicant as promptly as practicable, but in no event later than the date by which the Department or the applicant was next to have completed an action. Such notice shall contain a statement of the reasons for which the schedule must be extended. Such a determination shall not be deemed to give rise to any right to an adjudicatory hearing. The applicant may pursue any available judicial remedy. c. When the Department determines that the reason for such extension is no longer applicable, the Department shall so notify the applicant in writing. The time period for the Department to complete the next relevant action shall be that period specified in the schedule for timely action, beginning on the day after such notice is issued.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.04 continued

4.04: continued 3. Extension of Periods for Action by Applicant. a. The time periods for the applicant to take any action shall be extended whenever the Department determines that judicial proceedings affect the ability of the Department or the applicant to proceed with the application. The applicant shall promptly notify the Department in writing whenever it believes that judicial proceedings affect the ability of the Department or the applicant to proceed with the application. b. The Department shall provide written notice of such determination to the permit applicant as promptly as practicable, but in no event later than the date by which the Department or the applicant was next to have completed an action. Such notice shall contain a statement of the reasons for which the schedule must be extended. No determination by the Department concerning the applicant's ability to proceed with the application shall be deemed to give rise to any right to an adjudicatory hearing. The applicant may pursue any available judicial remedy. c. When the Department determines that the reason for such extension is no longer applicable, the Department shall so notify the applicant in writing. The time period for the applicant to complete the next relevant action shall be that period specified in the schedule for timely action, subject to any modification in accordance with 310 CMR 4.04(2)(f), beginning on the day after such notice is given. d. In no event shall the period allowed for action by the applicant exceed two years, except in accordance with an agreement executed pursuant to 310 CMR 4.04(2)(f), or a schedule established pursuant to 310 CMR 4.05. (f) Extension of Schedule by Agreement. The applicant and the Department may, by written agreement, extend any schedule for timely action or any individual portion thereof. (g) Schedules for Projects Requiring more than One Permit. In order to ensure efficient and coordinated review of all relevant issues, whenever more than one type of permit from the Department is required for any project, the Department may, upon written notice to the applicant adjust the schedules for timely action for all such permits to coincide with that schedule providing for the latest review period at each step of the review process. The Department shall consult with the applicant prior to issuing any such notice. (3) Provisions for Payment of Permit Application Fee. (a) The Commissioner may specify through the establishment of payment invoices, permit application forms, or other standardized instructions the form and manner of payment of all permit application fees. Payment in other forms or manners shall not be deemed payment for purposes of any schedule for timely action, unless and until the Department verifies payment and so notifies the applicant in writing. (b) The Department may require that persons applying for permits as a result of enforcement action by the Department or another agency of the Commonwealth or its subdivisions shall pay double the otherwise applicable fee. (c) Hardship Requests: extension of time for making payment.

  1. In instances of severe financial hardship, the Commissioner may, at his or her discretion, grant a timely request to extend the time for making payment. The permittee shall bear the burden of persuasion that the request should be granted.
  2. An applicant seeking an extension of time for making payment shall file a written request for extension with the permit application. The request shall be filed in the form and manner specified by the Commissioner, and shall include the following:
    1. the applicant's name and address;
    2. the amount of the fee due;
    3. the circumstances the applicant believes constitute severe financial hardship;
    4. a proposed schedule for making payment; and
    5. the reasons the applicant believes the proposed schedule is appropriate.
  3. Within 30 days of receipt of a request for extension, the Commissioner shall notify the applicant making the request of the Department's decision on the request. Notice shall be given to the permittee by any method described in 310 CMR 4.03(3)(a). The Commissioner may request any supplemental information from the applicant to aid in such decision. No schedule for timely action shall begin until the Department makes a decision on the request for extension. The Commissioner's decision on such a request shall not be deemed to give rise to any right to an adjudicatory hearing.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.04 continued

4.04: continued 4. If the request is granted, the decision shall set forth a schedule for making payment. The Department may adopt or modify the schedule proposed by the applicant, or may develop its own schedule as appropriate. Failure by the applicant to make payments when due pursuant to the schedule established by the Department shall suspend the schedule for timely action until payment is made. 5. If the request is denied, the schedule for timely action shall begin in accordance with 310 CMR 4.04(2)(a). (d) Withdrawal of Application.

  1. If the applicant withdraws the permit application before the period for technical review has begun, the Department shall retain 50% of the permit application fee and shall refund the balance to the applicant.
  2. If the applicant withdraws the permit application during or after the period for technical review, the Department shall retain the entire permit application fee. (e) Refund and Credit.
  3. For permit categories allowing fees calculated by the applicant, a Department determination during the administrative completeness review that an incorrect fee amount was paid, shall result in a refund or additional amount due, as applicable. A determination of an incorrect fee calculation during the technical review period shall result in a 50% refund if overpayment was made or the requirement for the additional fee amount if underpaid.
  4. A Department determination during the administrative completeness review that no permit is required of the applicant shall result in a refund of 100% of the application fee paid. The determination made during the technical review period shall result in a 50% refund.
  5. A Department determination during administrative completeness review that an application is for an incorrect permit category shall result in: a. a credit of 100% of the paid fee toward the correct permit category fee and a refund of the balance, if any; or b. a refund of 50% of the balance where information in addition to the original application was required for the determination; or c. requirement for additional payment of the balance for the correct category’s higher fee.
  6. A Department determination of incorrect application category during technical review shall result a 100% credit of the paid fee amount toward the correct permit category fee, a 50% refund of the balance, if any, or requirement for payment for a higher fee.
4.05 Alternative Project-specific Schedules and Fees

4.05: Alternative Project-specific Schedules and Fees (1) Applicability. The provisions of 310 CMR 4.05 shall apply: (a) to permit applications and projects within categories designated in 310 CMR 4.10 (Appendix) as individual rule projects; or (b) to permit applications and projects, except those pursuant to M.G.L. c. 21E, and 310 CMR 40.0000: Massachusetts Contingency Plan and except Notices of Intent pursuant to M.G.L. c. 131, § 40, and 310 CMR 4.10(8)(n), for which the Department finds that due to the size, novelty, complexity, or technical difficulty of the project

  1. the amount of work required by the Department in processing the permit application will exceed by a factor of two or more the amount of work assumed as the basis in establishing the permit application fee for such permits set forth in 310 CMR 4.10(Appendix), and
  2. the work required of the Department can not be completed within the schedule for timely action set forth for such permits in 310 CMR 4.10(Appendix). The Department shall provide written notice of such finding to the applicant within 30 days of receiving the permit application and payment of the application fee. The notice shall contain a statement of the basis for the Department's determination and a summary of the provisions of 310 CMR 4.05.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.05 continued

4.05: continued (2) Establishment of Alternative Schedule for Timely Action and Permit Application Fee. (a) The Department shall negotiate with the applicant concerning the establishment of the schedule for timely action and permit application fee. If agreed to by the Department, the applicant may pay the published permit application fee and the Department may begin review of the application under the published timely action schedule until the proposed alternative fee amount and timely action schedule have been submitted to the applicant by the Department. The final decision shall not be issued to the applicant until the alternative fee has been paid in full. Permit categories identified as Individual Rule Projects require a signed agreement and fee payment before the Department may begin review of the application. (b) Within 45 days of receipt of the permit application for an individual rule project, or within 45 days of making the determination set forth in 310 CMR 4.05(1)(b), or within such other period as the Department and the applicant agree in writing, the Department shall establish both an alternative schedule for timely action and a permit application fee, based on the costs and time of the extraordinary work required to process such permit application. The Department may establish the alternative permit application fee in the form of actual costs billed at the average rates set forth in 310 CMR 4.05, subject to a stated maximum billing amount. (c) In establishing any permit application fee under 310 CMR 4.05, the Department and the applicant shall use as a basis the following average daily and hourly costs:

  1. Loaded Daily Rate. The Loaded Daily Rate per 7.5 hour day shall be based upon the average fully loaded rate for a Full Time Equivalent Department employee as calculated in the current Fiscal Year in effect at the time of the permit application. The applicable daily overtime charge rate may be used following a positive Department determination for a public interest expedited review and agreement by the applicant. Effective May 1, 2020
  2. Loaded Hourly Rate. The Loaded Hourly Rate shall be based upon the average hourly fully loaded rate for a Full Time Equivalent Department employee as calculated in the current Fiscal Year in effect at the time of the permit application. The applicable hourly overtime charge rate may be used following a positive Department determination for a public interest expedited review and agreement by the applicant. For purposes of 310 CMR 4.05, "technical staff" shall be deemed to include staff in all professional categories, including without limitation engineers, environmental analysts, chemists, biologists, geologist, hydrogeologists, attorneys, and planners. Effective May 1, 2020 (d) Limits on Alternative Schedule and Fee. In no case shall the fee established pursuant to 310 CMR 4.05 be lower than fees established in 310 CMR 4.10(Appendix) for that class of permit, if any, nor shall the schedule for timely action require action more rapid than the time for comparable action allowed in the schedule established in 310 CMR 4.10(Appendix), for that class of permit, if any. (3) Review of Alternative Schedule for Timely Action or Permit Application Fee. (a) General. An applicant aggrieved by the Department's action in establishing a schedule for timely action or a permit application fee pursuant to 310 CMR 4.05 may within ten days of receipt of the alternative schedule for timely action and permit application fee established by the Department notify the Department that it seeks review. Failure to so notify the Department within ten days shall be deemed a waiver of the right to review. The applicant may seek review pursuant to either or both of 310 CMR 4.05(3)(c) and (d). (b) Filing of Notice. An applicant seeking review under 310 CMR 4.05 shall file a written notice in the form and manner specified by the Commissioner. The notice shall include the following:
  3. the applicant's name and address;
  4. the fee amount and schedule established by the Department;
  5. a statement indicating whether the applicant elects to proceed on a true cost basis pursuant to 310 CMR 4.05(3)(c), to request an adjudicatory hearing pursuant to 310 CMR 4.05(3)(d), or to do both; and
  6. materials satisfying the additional filing requirements of 310 CMR 4.05(3)(c) or (d), as applicable.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.05 continued

4.05: continued (c) True Cost Procedure.

  1. General. An aggrieved applicant may elect to proceed with the application on a true cost basis. The Department shall diligently and in good faith process the permit application, taking all reasonable measures to achieve compliance with the alternative schedule for timely action established pursuant to 310 CMR 4.05(2); provided, that the provisions of 310 CMR 4.04(2)(d)3.b. shall not apply.
  2. Additional Filing Requirement. The applicant shall include with the notice required by 310 CMR 4.05(3)(b) a payment of at least ½ of the alternative permit application fee established pursuant to 310 CMR 4.05(2) as a deposit.
  3. The Department shall provide a monthly cost statement to the applicant based on the average rates specified in 310 CMR 4.05(2)(c) and the days or hours of work performed by technical staff. Whenever the Department's costs as reflected in the cost statement exceed the balance already paid by the applicant, the applicant shall within 30 days pay all outstanding amounts. Failure by applicant to make such payments shall be grounds for the Department to discontinue work on the application.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION NON-TEXT PAGE

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.05 continued

4.05: continued 4. The Department shall withhold its final decision on the permit application until the applicant has made full payment. 5. Nothing in 310 CMR 4.05 shall prevent the Department from denying a permit request where it finds the application and supporting materials inadequate. (d) Adjudicatory Hearing Procedure.

  1. General. An aggrieved applicant may elect to request an adjudicatory hearing, pursuant to M.G.L. c. 30A. 310 CMR 1.00: Adjudicatory Proceedings shall govern such proceedings.
  2. Additional Filing Requirement. The applicant shall include with the notice required by 310 CMR 4.05(3)(b) the adjudicatory hearing fee required by 310 CMR 4.06 and a clear and concise statement of
    1. the facts which are grounds for the proceeding; and
    2. the relief sought, including an identification of all desired changes in the
    alternative schedule for timely action and permit application fee set by the Department.
  3. Except as provided by 310 CMR 4.05(3)(c) when the applicant has elected both to proceed on a true cost basis and to request an adjudicatory hearing, no permit application fee shall be due and no schedule for timely action shall be in effect, pending resolution of the request for adjudicatory hearing.
  4. Standards. In any hearing pursuant to 310 CMR 4.05(3)(d), the average rates established in 310 CMR 4.05(2)(c) shall be used as the basis of the fee determination, and the alternative schedule for timely action and permit application fee established by the Department shall be revised only where the applicant demonstrates by a preponderance of the evidence that the Department's position was unreasonable, arbitrary, or capricious. (4) Alternative Annual Compliance Assurance Fee. (a) The Department shall establish an annual compliance assurance fee as a condition of a permit issued for a project subject to 310 CMR 4.05(4), based on the costs of the Department reasonably necessary to ensure compliance with the permit. The provisions of 310 CMR 4.05(2)(d) shall apply to such fees. In the absence of a specific single project annual assurance compliance fee set by the Department with or before the issuance of the final project permit decision, annual fees then existing or later promulgated in 310 CMR
4.03(2) Table shall apply as applicable to permits held by the applicant.

4.03(2): Table shall apply as applicable to permits held by the applicant. (b) An applicant aggrieved by the establishment of such fee may seek review of the fee in accordance with applicable procedures for appealing other permit terms or conditions established by the permit decision, provided that;

  1. in any hearing concerning such fee, the average daily and hourly rates set forth in 310 CMR 4.05(2)(c) shall be used as the basis of the fee; and
  2. in any such hearing, the fee established by the Department shall be revised only where the applicant demonstrates by a preponderance of the evidence that the Department's position was unreasonable, arbitrary, or capricious. (c) Future request for adjustment of fee. The permittee may request the Department to adjust an annual compliance assurance fee established pursuant to 310 CMR 4.05(4) by regulation or established pursuant to 310 CMR 4.05(4) by:
  3. filing an application to modify or amend the permit in which the fee is established; or
  4. requesting revision in the fee during any review of 310 CMR 4.00 and revision of fees established herein. (5) Special Project. Permits for projects determined by the commissioner to have significant environmental interest, or consistency with sustainable development principles, or projects which meet the criteria in M.G.L. c. 21A, § 18(d) clauses (1) and (2) but do not otherwise conform with the requirements of M.G.L. c. 21A, § 18(d) clauses (1) through (4), effective October 7, 2005.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.06 Adjudicatory Hearing Filing Fee

4.06: Adjudicatory Hearing Filing Fee (1) Filing Fee. (a) Any person filing a notice of claim for an adjudicatory appeal before the Department shall pay a filing fee of $100.00. Exemptions from the filing fee are defined in the first sentence of Person at 310 CMR 4.02. (b) The filing fee for a simplified hearing as described in 310 CMR 1.01(8)(a)2. is $25.00 on or after November 3, 1995. Where a filing fee of $100.00 has been received and the Department conducts a simplified hearing, the Department will refund $75.00. (c) The required form and manner of payment shall be specified by the Department as an element of notice of any right to request an adjudicatory hearing. (d) Failure to pay the filing fee shall be a ground for dismissal of the request for hearing. (e) The Department shall refund the filing fee for appeals of enforcement orders or administrative penalties when the Department withdraws the order or penalty or renders a final decision wholly in favor of the person requesting the appeal. The Department shall not refund the filing fee for appeals of permits or for appeals of enforcement orders or administrative penalties where the terms of an order are revised or the amount of a penalty is reduced. (2) Waiver of Filing Fee. (a) Upon a showing of undue financial hardship, the Department may waive the filing fee set forth in 310 CMR 4.06(1). A person who believes that payment of the fee would be an undue financial hardship shall file with the request for adjudicatory hearing a request for waiver of the fee together with an affidavit setting forth the facts the appellant believes constitute the undue financial hardship. The Department may request additional information from the appellant to assist in making a determination of undue financial hardship. (b) The Department shall render a written determination waiving or denying waiver of the filing fee. If the Department denies the request for waiver, the appellant shall pay the filing fee within ten days of the date of the Department's decision. Failure to make such payment shall void the request for hearing.

4.08 Public Record Fees

4.08: Public Record Fees Fees for providing public records shall be determined in accordance with 950 CMR 32.00: Public Records Access.

4.09 Targeted Technical Assistance Fees

4.09: Targeted Technical Assistance Fees (1) General. The provisions of 310 CMR 4.09 shall apply to specifically targeted seminars, training sessions, and written materials, or other forms of technical assistance in which participation is voluntary. The Department may charge fees for attendance at, participation in, or receipt of such specifically targeted technical assistance in accordance with the provisions of 310 CMR 4.09. The Department may waive a portion of the fee to enable public officials or students to attend training sessions or seminars or receive materials at reduced cost. (2) Determination of Fee. (a) Costs. In establishing a fee for any specifically targeted technical assistance event or written material, the Department may consider its actual costs for developing, producing, or making such assistance available, including without limitation.

  1. costs for development, preparation, testing and evaluation, and presentation, in the form of staff time or incurred expense;
  2. design, printing, copying, and mailing costs;
  3. reasonable costs associated with obtaining necessary facilities or equipment; and
  4. reasonable costs associated with providing meals or refreshments for seminar or training session participants, where appropriate. (b) The Department shall prepare a statement of the manner in which any fee to be charged for targeted technical assistance was determined, including the costs considered in establishing the fee and the expected number of participants or recipients assumed. The Department shall make such statement available to any person upon request.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.09 continued

4.09: continued (3) Notice of Fee. (a) For any training session, seminar, or similar form of technical assistance for which a fee is to be charged, the Department shall provide notice of the fee amount to all potential participants at or before the time of registration. (b) For any written materials prepared for distribution for which a fee is to be charged pursuant to 310 CMR 4.09, the Department shall provide notice of the fee amount on the cover or cover page of such materials. This requirement shall not apply to materials used in a training session, seminar, or similar form of technical assistance where the fee, if any, for such materials is included in the cost identified pursuant to 310 CMR 4.09(3)(a).

4.10 Appendix: Schedules for Timely Action and Permit Application Fees

4.10: Appendix: Schedules for Timely Action and Permit Application Fees (1) General. (a) Unless otherwise specifically provided in 310 CMR 4.10, timely action schedules and application fees in effect on the day the application is filed, shall apply to that application. (b) The following permit category sets as established in 310 CMR 4.10 effective January 1, 1991 are consolidated effective July 1, 1992: WP 06 and 07, WP 08 and 09, WP 21 and 22, WP 23 and 24, WP 35 and 36; IW 03 and 04, IW 05, 06 and 07, IW 08 and 09, IW 10 and 11, IW 13 and 14, IW 12 and 15, IW 16 and 17, IW 18 and 19, IW 21 and 22. For reviews pending on July 1, 1992 in categories WP 06, 08, 21, 23, 35, IW 03, 05, 06, 08, 10, 12, 14, 16, 18, 21, the applicant may upon issuance of that permit, file an application in the consolidated category. The consolidated category timely action schedule and permit application fee amount for such application shall be that which would have been applicable prior to July 1, 1992 for the remaining permits of the set. Permit categories WS13 and 14 and WS15 and 16 are consolidated effective July 1, 1993. For reviews pending on July 1, 1993 in WS 13 or 15, the applicant may upon issuance of that permit, file an application in the consolidated category. The schedule and fee amount for such application shall be that which would have been applicable prior to July 1, 1993 for the remaining permit of the set. (c) State Agency Applicants. For state agency applicants, any permit application fee of $100 or less shall be waived as representing an administrative expense associated with transfer of funds between state agencies that is a substantial portion of the fee. Notwithstanding the prior sentence, fees pursuant to M.G.L. c. 21E shall be required of state agency applicants. (d) Refund. The Department shall notify applicants and allow submission of an application for a refund within 30 days for those permit applications filed on January 1, 1992 through June 30, 1992 with a review pending on July 1, 1992, and for which a reduced fee may have been available if the application had been filed on or after July 1, 1992. The amount of the refund, if any, shall be the difference between the old and new fee. 310 CMR 4.10(1)(d) shall not apply to individual rule and alternative schedule projects. (e) Index and Key BUREAU OF AIR AND WASTE (2) AIR QUALITY CONTROL - AQ (3) HAZARDOUS WASTE - HW (4) SOLID WASTE - SW (5) INDUSTRIAL WASTE WATER - IW (11) ENVIRONMENTAL RESULTS PROGRAM - ERP BUREAU OF WATER RESOURCES (6) WATER SUPPLY - WS WATERSHED MANAGEMENT - WM (7) WATER POLLUTION CONTROL - WP (8) WETLANDS AND WATERWAYS - WW BUREAU OF PLANNING AND EVALUATION (9) LABORATORY CERTIFICATION - LES BUREAU OF WASTE SITE CLEANUP (10) WASTE SITE CLEANUP - WSC i.e.: (AQ01) refers to: Air Quality permit, ref. number 01. Please note: this is for reference only.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (2) Air Quality Control. Plan Approvals. (a) (AQ01) Permits for air quality, plan approvals.

  1. Category: limited plan approvals.
  2. Description: permit to construct, substantially reconstruct or alter any facility required to obtain a limited plan approval pursuant to 310 CMR 7.02(4): Limited Plan Application (LPA).
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $645. (b) (AQ02) Permits for air quality, plan approvals.
  5. Category: non-major comprehensive plan approval.
  6. Description: effective March 24, 2017 Permit to construct, substantially reconstruct or alter a facility pursuant to 310 CMR 7.02(5): Comprehensive Plan Application (CPA) that is not listed in 310 CMR 4.10(2)(c).
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  8. Permit application fee: $2,370. (c) (AQ03) Permits for air quality, plan approvals.
  9. Category: major comprehensive plan approval.
  10. Description: a. Effective March 24, 2017 Permit to construct, substantially reconstruct or alter a facility pursuant to 310 CMR 7.02(5): Comprehensive Plan Application (CPA) where the construction, substantial reconstruction or alteration has potential emissions greater than or equal to 100 tons per year of any criteria air contaminant, excluding products of combustion, or; b. (Reserved); c. Permit subject to 310 CMR 7.02(5): Comprehensive Plan Application (CPA) and 310 CMR 7.00: Appendix A (Non-attainment Review) or; d. (Reserved) e. Permit to construct, substantially reconstruct or alter a fuel utilization facility where the portion being constructed, substantially reconstructed or altered has an energy input capacity equal to or greater than the threshold requirements of 310 CMR 7.02(5)(a)2.: Fuel Utilization Emission Units, and will result in increased potential emissions greater than or equal to 100 tons per year of any criteria air contaminant; or f. Permit subject to 310 CMR 7.02(5): Comprehensive Plan Application (CPA) and 40 CFR 52.21 (Prevention of Significant Deterioration); or g. A permit to construct an incinerator having a waste capacity greater than 2000 pounds per hour of waste.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 128 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 128 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review. 4. Permit application fee: $24,305. (c)(1) (AQ33) Permits for Air Quality: Consolidated Plan Approval.

  1. Category: consolidated plan approval.
  2. Description: consolidated plan for a facility's applicable requirements pursuant to 310 CMR 7.02(12): U Consolidation of Applicable Requirements.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 90 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 60 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $1,500 plus $150 per requirement consolidated for each emission unit up to a maximum total fee of $5,000. Emission Control Plans. (d) (AQ08) Permits for Emission Control Plans.
  5. Category: emission control plans.
  6. Description: emission control plan required pursuant to 310 CMR 7.18: U Volatile and Halogenated Organic Compounds or 310 CMR 7.19: U Reasonably Available X Control Technology (RACT) for Sources of Oxides of Nitrogen (NO).
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. where compliance can be achieved by meeting emission limitations specifically articulated in 310 CMR 7.00: Air Pollution Control, including through the use of emissions averaging or trading as described in 310 CMR 7.00: Appendix B (i) Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. (ii) Within 63 days of making a determination of administrative completeness, the Department shall complete a technical review. (iii) The permit applicant may remedy identified deficiencies within 45 days of the Department's statement identifying deficiencies, if any. (iv) Within 63 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. (v) Within 30 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued b. Where approval is required by the US Environmental Protection Agency as a single source SIP (State Implementation Plan) revision to demonstrate compliance with federally mandated RACT because compliance cannot be achieved by meeting emission limitations specifically articulated in 310 CMR 7.00: Air Pollution Control, or to satisfy 310 CMR 7.18(17): Reasonable Technology or 7.19(12): Miscellaneous RACT, (i) Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. (ii) Within 128 days of making a determination of administrative completeness, the Department shall complete a technical review. (iii) The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. (iv) Within 128 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. (v) Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review. 4. Permit application fee: a. Permits meeting the description of 310 CMR 4.10(2)(d)3.a.: $1,880. b. Permits meeting the description of 310 CMR 4.10(2)(d)3.b.: $22,310. (d)(1) (AQ22) - Permits for Emission Control Plan for Municipal Waste Combustors.

  1. Category: Municipal Waste Combustor emission control plan.
  2. Description: Emission Control Plan required pursuant to 310 CMR 7.08(2): Municipal Waste Combustors for sources constructed prior to 1994.
  3. Schedule for timely action: for projects for which application is filed and fee received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy any identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental review. e. Within 24 days of the close of the period for public comment, the Department will issue or deny the permit.
  4. Permit application fee: $8,820. Restrictions on Potential Emissions. (e) (AQ09) Permit to restrict potential emissions.
  5. Category: permit restrictions or Restricted Emission Status (RES).
  6. Description: permit restriction issued to any facility pursuant to 310 CMR 7.02(9): Restricted Emission Status (RES) to restrict potential emissions in order to: a. allow redesignation for purposes of annual compliance fee for permittees for regulated air contaminants; or b. lower potential emissions below the Reasonably Available Control Technology (RACT) applicability thresholds for halogenated organic compounds (HOC) (310 CMR 7.18: U Volatile and Halagonated Organic Compounds); or c. lower federal potential emissions below the Reasonably Available Control Technology (RACT) applicability thresholds for volatile organic compounds (310 CMR 7.18: U Volatile and Halagonated Organic Compounds and 310 CMR 7.00: Appendix C where applicable); or d. lower federal potential emissions below the Reasonably Available Control x Technology (RACT) applicability thresholds for oxides of nitrogen (NO) (310 CMR 7.19: U Reasonable Available Control Technology (RACT) for Sources of Oxides of x Nitrogen (NO and 310 CMR 7.00: Appendix C where applicable); or

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued e. restrict federal potential emissions of regulated pollutants to eliminate applicability to an otherwise applicable requirement, including but not limited to, 310 CMR 7.00 Appendix C. 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review e. Within ten days of the close of the period for public comment, including public hearing, if applicable, the Department will complete a public comment review. 4. Permit application fee: $1,900.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION NON-TEXT PAGE

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued Asbestos and Construction Notifications (f) (AQ04) Permits for Asbestos.

  1. Category: asbestos removal notification.
  2. Description: notification submitted to satisfy the requirements of 310 CMR 7.15(6): Notification Requirements for asbestos abatement activity at industrial, commercial and institutional sites and residential property, excluding owner-occupied residential property with four or fewer units.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within ten working days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. The notification form shall be deemed accepted by the Department, unless the applicant is notified in writing of deficiencies. b. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. c. Within ten working days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a final review.
  4. Permit application fee: $100. (g) (AQ05) Permits for Asbestos.
  5. Category: asbestos blanket notification.
  6. Description: notification submitted of plan for multiple demolition or renovation jobs within a single facility during a period not to exceed one year, where permitted by the Department pursuant to 310 CMR 7.15(6)(j): Facility Blanket Notification.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within 20 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review and notify the applicant of any deficiencies. b. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. c. Within 20 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee:
    1. Asbestos blanket notification application: $200.
    2. Asbestos removal notification submitted under an approved asbestos blanket
    notification: $100. (h) (AQ06) Construction and Demolition Notification.
  9. Category: notification prior to construction or demolition of an industrial, commer- cial, or institutional building or residential building with 20 or more units, pursuant to 310 CMR 7.09(2).
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within ten working days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review and indicate deficiencies, if any, to the applicant. b. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. Submission of amended information, except as provided in 310 CMR 4.10, within the 60-day period shall not constitute a new notification. c. Within ten working days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a final review.
  11. Permit application fee: $100.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (h)(1) (AQ35) Permits for Asbestos.

  1. Category: revised asbestos removal notification.
  2. Description: the revision of an asbestos removal notification, or an asbestos removal notification submitted under an approved blanket notification, to satisfy the requirements of 310 CMR 7.15(6): Notification Requirements; or a construction and demolition notification submitted to satisfy the requirements of 310 CMR 7.09(2).
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within ten working days of receipt of an application and payment of the permit application fee, the Department will complete an administrative completeness review. The revised notification form shall be deemed accepted by the Department unless the applicant is notified in writing of deficiencies. b. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. c. Within ten working days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a final review.
  4. Permit application fee: $35. (h)(2) (AQ36) Permits for Asbestos.
  5. Category: non-traditional asbestos abatement work practice approval.
  6. Description: non-traditional asbestos abatement work practice approvals for sites where traditional practices cannot be implemented due to specific circumstances as specified in 310 CMR 7.15(14): Non-traditional Asbestos Abatement Work Practice Approvals.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within ten working days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. c. Within ten working days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a final review.
  8. Permit application fee: $600. Operating Permits (j)(4) (AQ14) Permits for Air Quality Control.
  9. Category: initial operating permit application for a facility subject to 310 CMR 7.00: Appendix C.
  10. Description: operating permit for a facility subject to 310 CMR 7.00: Appendix C.
  11. Schedule for timely action: for applications which are filed and fees received on or after March 24, 2017, a. Within 60 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 180 days of a determination of administrative completeness, the Department shall conduct a technical review. c. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. d. Within 180 days of receipt of materials from the applicant, in response to the Department's statement identifying deficiencies, the Department shall conduct a supplemental technical review. e. Within 45 days of the completion of a public comment period including public hearing, if applicable, the Department shall complete a proposed decision for submission to EPA.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued f. Within 45 days of the receipt of EPA final comment on the proposed decision, the Department shall complete a final review. 4. Permit application fee: the amount shall be calculated, in accordance with definitions in 310 CMR 7.00: Air Pollution Control, by adding (AA x $ 9) plus (EC x $ 549) plus (EU x $ 405), but the amount shall not be less than $ 2312; where AA is the Adjusted Actual Emissions tons per year of criteria pollutants for the calendar year prior to the submittal of an application for an operating permit, excluding carbon monoxide, capped at 4000 tons/year per pollutant; and EC is an Emissions Unit with Air Pollution Control Equipment; and EU is an Emissions Unit with no Air Pollution Control Equipment. Emission Reduction Certification (l) (AQ18) Permits for Air Quality; Emission Reduction Certification.

  1. Category: certification of emission reductions for emission banking and trading pursuant to 310 CMR 7.00: Appendix B.
  2. Description: certification of emission reductions which exceed state and federal requirements as Emission Reduction Credits (ERCs).
  3. Schedule for timely action: for projects for which applications are filled and fees received on or after March 24, 2017, a. Within 48 days of receipt of an application and payment of the permit application fee the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, if any, the Department shall complete a supplemental technical review. e. Within 36 days of the close of the period for public comment, including any public hearing, the Department shall complete public comment review and issue final decision.
  4. Permit application fee: $1,225 greater than or equal to five, but less than ten tons or tpy ERC; $6,140 greater than or equal to ten, but less than 50 tons or tpy ERC; $9,215 greater than or equal to 50, but less than 100 tons or tpy ERC; $15,360 greater than or equal to 100, but less than 500 tons or tpy ERC; $18,430 greater than or equal to 500 tons or tpy ERC. (3) Hazardous Waste. Hazardous Waste Recycling (a)(1) (HW21) Hazardous waste recycling permits.
  5. Category: Class A recycling presumptive approval permit/renewal.
  6. Description: Class A recycling permit and permit renewals for Class A regulated recyclable material pursuant to 310 CMR 30.221(2) for recycling activities described in 310 CMR 30.221: Table 1 and designated by an "N".
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days the Department shall complete an administrative completeness review. b. Within 21 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 21 days of the Department's statement identifying deficiencies, if any. d. Within 21 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a final review.
  8. Permit application fee: $155.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (b)(1) (HW22) Hazardous waste recycling permits.

  1. Category: Level I recycling permits and permit renewals.
  2. Description: a. Applications pursuant to 310 CMR 30.261: Applications for Class B(3) Permits for Generators to Market Off-specification Used Oil Fuel or 310 CMR 30.264: Class B(3) Permits to Market Specification Used Oil Fuel for a permit or permit renewal to market Class B(3) regulated recyclable materials described in 310 CMR 30.213(3), except those proposing to burn such materials for energy recovery; b. Applications pursuant to 310 CMR 30.232: Class B(1) Permits and Permit Applications for a permit or permit renewal to recycle regulated materials described in 310 CMR 30.213(1): Class B(1); c. Applications pursuant to 310 CMR 30.280: Requirements for Recycling Class B(5) Regulated Recyclable Materials for a permit or permit renewal to recycle regulated recyclable materials described in 310 CMR 30.213(5): Class B(5); d. Applications pursuant to 310 CMR 30.273: Generator Permits and Permit Applications for a permit or permit renewal to recycle regulated recyclable materials described in 310 CMR 30.213(4): Class B(4).
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days of receipt of an application and payment of the permit application fee the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $245. (c)(1) (HW23) Hazardous waste recycling permits.
  5. Category: Level II recycling permits.
  6. Description: a. applications pursuant to 310 CMR 30.247: Permits and Permit Applications for Those Who Burn Hazardous Waste Fuel at the Site of Generation for a permit to recycle regulated recyclable materials described in 310 CMR 30.213(2): Class B(2); b. applications pursuant to 310 CMR 30.260(3) or (4) for a permit to recycle regulated recyclable materials described in 310 CMR 30.213(3): Class B(3) in amounts less than 100,000 gallons per year; c. applications for transfer stations pursuant to 310 CMR 30.010: Definitions and 30.277: Recycling and Transfer Station Permits and Permit Applications concerning the regulated recyclable materials described in 310 CMR 30.213(4): Class B(4).
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 36 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $1,235. (c)(2) (HW24) Hazardous waste recycling permits.
  9. Category: Level II recycling permit renewals or modifications.
  10. Description: Level II recycling permit renewals or permit modifications for HW23.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017,

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $325. (d) (HW12) Hazardous waste recycling permits.

  1. Category: Level III Recycling Permit - Precious Metals.
  2. Description: application for recycling facilities pursuant to 310 CMR 30.277: Recycling and Transfer Station Permits and Permit Applications for a permit to recycle regulated recyclable material described in 310 CMR 30.213(4): Class B(4).
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 96 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 96 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $5,845. (d)(1) (HW25) Hazardous waste recycling permits.
  5. Category: Level III recycling permits.
  6. Description: a. applications pursuant to 310 CMR 30.224: Applications for Class A Permits for a permit to recycle regulated recyclable materials described in 310 CMR 30.212(3) or (5) through (8) allowing applicants to accept for recycling such materials generated off site; b. applications pursuant to 310 CMR 30.260(2) for a permit to market regulated recyclable materials described in 310 CMR 30.213(3): Class B(3); c. applications pursuant to 310 CMR 30.260(3) or (4) for a permit to recycle regulated recyclable materials described in 310 CMR 30.213(3): Class B(3) in amounts equal to or greater than 100,000 gallons per year; d. applications pursuant to 310 CMR 30.290: Requirements for Recycling Class C Regulated Recyclable Materials for a permit to recycle regulated recyclable materials described in 310 CMR 30.214: Class C Regulated Recyclable Materials.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. Within 96 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 96 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 24 days of the close of the period for public comment, including any public hearing, the department shall complete a public comment review.
  8. Permit application fee: $9,550. (d)(2) (HW26) Hazardous waste recycling permits.
  9. Category: Level III recycling permit renewals or modifications.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 2. Description: Level III recycling permits renewals or permit modifications for permits HW12 and HW25. 3. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $1,065. Hazardous Waste Transporters (g) (HW05) Permits for Transporters of Hazardous Waste.

  1. Category: permits to transport hazardous waste, including mixed waste, pursuant to 310 CMR 30.400: Requirements for Transporters of Hazardous Waste, and 310 CMR 30.800: Licensing Requirements and Procedures.
  2. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 60 days of making a determination of administrative completeness, the Department shall complete a technical review, including the response to any public comments made during a public comment period if any, c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 60 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  3. Permit application fee: $3,450. (g)(1) (HW28) Permits for Transporters of Hazardous Waste.
  4. Category: annual vehicle identification device (VID).
  5. Description: one or more vehicle VID(s) for use during a single calendar year pursuant to 310 CMR 30.010: Definitions and 310 CMR 30.414: Vehicle Identification Device by a licensed hazardous waste transporter. After issuance of VID(s) for use during a single calendar year, additional or replacement VID(s) for the same calendar year may be requested without an additional fee.
  6. Schedule for timely action: for projects for which application is filed and fees received on or after March 24, 2017, a. Within 72 days of receipt of an application and payment of the application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department’s statement identifying deficiencies, if any, c. Within 72 days of receipt of materials in response to the Department’s statement identifying deficiencies, the Department shall complete a final review.
  7. Permit application fee: calculated in accordance with 310 CMR 30.000: Hazardous Waste and 801 CMR 4.07: Hazardous Waste Transporters Fee by adding the volume in pounds of all nonexempt hazardous waste manifested for transport in Massachusetts during the 12 months ending the March 31 prior to the application, and multiplying st pounds by $0.00084 for calendar year 2003 VID(s) and by $0.00172 for applications for each year thereafter; but regardless of calculation, the fee shall be a minimum of $60.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (h)(1) (HW14) Permit Renewals for Transporters of Hazardous Waste.

  1. Category: renewal of Hazardous Waste Transporter permits, including mixed waste, pursuant to 310 CMR 30.400: Requirements for Transporters of Hazardous Waste and 310 CMR 30.800: Licensing Requirements and Procedures.
  2. Schedule of timely action: for projects for which applications are filed and/or fees received on or after May 1, 2020, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 60 days of making a determination of administrative completeness, the Department shall complete a technical review, including the response to any public comments made during a public comment period if any, c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 60 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  3. Permit application fee: $2,375. Transporters of Class B(4) Regulated Recyclable Material (i) (HW06) permits for Transporters of Class B(4) Regulated recyclable material.
  4. Category: permits for Transporters of Class B(4) Regulated recyclable material.
  5. Description: permit to transport Class B(4) Regulated Recyclable Materials pursuant to 310 CMR 30.213(4): Class B(4) and 310 CMR 30.275: Transporter Permits and Permit Applications.
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $1,290. (j)(1) (HW15) Permit Renewal for Transporters of Regulated Recyclable Material
  8. Category: permit Renewal for Transporters of Regulated Recyclable Material.
  9. Description: renewal of permit to transport Class B(4) Regulated Recyclable Material pursuant to 310 CMR 30.213(4): Class B(4) and 310 CMR 30.275: Transporter Permits and Permit Applications.
  10. Schedule of Timely Action: for projects for which applications are filed and/or fees received on or after May 1, 2020, a. Within ten days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  11. Permit application fee: $890. Hazardous Waste Transporter Permit and Class B(4) Regulated Recyclable Material Transporter Permit Modifications (j)(3) (HW27) Permit Modification for Hazardous Waste Transporter Permit and Class B(4) Regulated Recyclable Material Transporter Permit.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued

  1. Category: presumptive approval permit modification for Hazardous Waste transporter permits and Class B(4) Regulated Recyclable Material pursuant to 310 CMR 30.200: Provisions for Recyclable Material and for Waste Oil, 310 CMR 30.400: Requirements for Transporters of Hazardous Waste, and 310 CMR 30.800: Licensing Requirements and Procedures, as applicable.
  2. Description: approval of a change in address, E.P.A. identification number, telephone number, waste categories/codes, and the following which are not 310 CMR 30.828: Transfer of Licenses license transfers: name changes, stock transfers (less than 5% equity/liability), and new owners/operators.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 20 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy any identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. d. Within 20 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a final review.
  4. Permit application fee: $280. Treatability Studies (k) (HW07) Permits for hazardous waste.
  5. Category: approval of hazardous waste treatability studies pursuant to 310 CMR 30.010: Definitions and 310 CMR 30.104(3)(c).
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $2,695. TSD Facilities (l) (HW08) Permits for hazardous waste treatment, storage, or disposal (TSD) facilities.
  8. Category: license to operate or approval of closure plan for TSD facility.
  9. Description: licenses for facilities that treat, store, or dispose of hazardous wastes, pursuant to 310 CMR 30.010: Definitions, 310 CMR 30.099: Interim Status Facilities, and 310 CMR 30.800: Licensing Requirements and Procedures; approval of closure plans for such facilities pursuant to 310 CMR 30.010 and 310 CMR 30.580: Closure.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, individual rule project subject to 310 CMR 4.05.
  11. Permit application fee: individual rule project subject to 310 CMR 4.05. TSD Facility Modification (m) (HW09) Permits for TSD Facility Modifications.
  12. Category: Class I modifications.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 2. Description: modifications to TSD licenses pursuant to 310 CMR 30.852: Facility License Modification at the Request of the Licensee, which require prior written approval of the Department pursuant to 310 CMR 30.852(2)(b) and Table 30.852: Classification of License Modifications; and modifications to TSD licenses pursuant to 310 CMR 30.099(5): Changes during Interim Status and 310 CMR 30.852 which require prior written approval of the Department pursuant to 310 CMR 30.852(2)(b) and Table 30.852. 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. The applicant may elect to follow the procedures for Class II modifications. If the applicant so elects, the fee and schedule provisions applicable to Class II modifications at 310 CMR 4.10(3)(n) shall apply. 4. Permit application fee: $215. (n) (HW10) Permits for TSD Facility Modifications.

  1. Category: Class II modifications.
  2. Description: modifications of licenses for TSD facilities pursuant to 310 CMR 30.852(3): Class 2 Modifications and Table 30.852: Classification of License Modifications; and modifications to TSD licenses pursuant to 310 CMR 30.099(5): Changes during Interim Status and 310 CMR 30.852(2): Class 1 Modifications.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days of the latest date of receipt of the application, payment of the application fee and filing of the public notice required by 310 CMR 30.852(2): Class 1 Modifications, the Department shall complete an administrative completeness review. b. Within 96 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $12,525. (o) (HW11) Permits for TSD Facility Modifications.
  5. Category: Class III modifications.
  6. Description: modifications of licenses for TSD facilities pursuant to 310 CMR 30.852(4): Class 1 Modifications and Table 310 CMR 30.852: Classification of License Modifications or 310 CMR 30.852(5): Other Modifications; and modifications to TSD licenses pursuant to 310 CMR 30.099(5): Changes During Interim Status, and 310 CMR 30.852(3): Class 2 Modifications or 310 CMR 30.852(4): Class 3 Modifications.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after October 8, 2004, individual rule project subject to 310 CMR 4.05.
  8. Permit application fee: individual rule project subject to 310 CMR 4.05. Declassification (p) (HW16) Permit for Declassification.
  9. Category: approval of declassification.
  10. Description: approval of petition to classify waste as nonhazardous pursuant to 310 CMR 30.141: When a Hazardous Waste Ceases to Be a Hazardous Waste and 310 CMR 30.142: Petition to Classify a Waste as Nonhazardous.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: individual rule project subject to 310 CMR 4.05. 4. Permit application fee: for projects for which applications are filed and fees received on or after July 1, 1992, individual rule project subject to 310 CMR 4.05. Research Facilities (q) (HW20) Permits for hazardous waste research facilities.

  1. Category: license to operate a research facility where research studies are conducted.
  2. Description: licenses for facilities which intend to conduct research studies or otherwise engage in continuous research, development, and demonstration activities as defined in 310 CMR 30.010: Definitions and which require prior Department approval or approval to continue activities as required by 310 CMR 30.104(3)(d): Research Study Samples and 30.864: Research Facility License.
  3. Schedule for timely action: for projects for which applications are filed and fees received on and after October 8, 2004, individual rule project subject to 310 CMR 4.05.
  4. Permit application fee: individual rule project subject to 310 CMR 4.05. (4) Solid Waste. Facility Siting (a) (SW01) Permits for solid waste facility siting.
  5. Category: solid waste facility site suitability report pursuant to 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities for a new site or expanded site or for a site assigned site applying for a major modification where the site had never received a site suitability report.
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 21 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 60 days of receipt of proof that the public notice requirement set forth in 310 CMR 16.10(4): Public Notice Application has been satisfied by the applicant, the Department shall finish review and issue the site suitability report.
  7. Permit application fee: $10,585. (a)(1) (SW38) Permits for solid waste facility siting.
  8. Category: solid waste facility site suitability report pursuant to 310 CMR 16.22: Modifications to and Rescissions and Suspensions of Site Assignments for a major modification to site assignment where a site suitability report has previously been issued for the site.
  9. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 21 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 60 days of receipt of proof that the public notice requirement set forth in 310 CMR 16.10(4): Public Notice Application has been satisfied by the applicant, the Department shall finish review and issue the site suitability report.
  10. Permit application fee: $1,920. (b)(1) (SW46) Permits for solid waste: recyclable and organic material management.
  11. Category: permits for a new recycling, composting or conversion operation handling recyclable or organic material.
  12. Description: recycling, composting, or conversion operation pursuant to 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations.
  13. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review. 4. Permit application fee: a. A transfer operation limited to organic material only that receives a maximum of two tons per day and has no more than five tons on-site at any time: $1,000 b. Any other recycling, composting or conversion operation: $8,750 (b)(2) (SW47) Permits for solid waste: recyclable and organic material management.

  1. Category: permit renewal or modification for recycling, composting, or conversion operation handling recyclable or organic material.
  2. Description: permit renewal or modification for recycling, composting or conversion operation pursuant to 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  4. Permit application fee: a. A transfer operation limited to organic material only that receives a maximum of two tons per day and has no more than five tons on site at any time: $200. b. Any other recycling, composting or conversion operation: $1,458. Certain Modifications to Any Facility (d)(1) (SW45) Permits for solid waste management.
  5. Category: presumptive approval procedure for certain modifications of any type of solid waste management facility pursuant to 310 CMR 19.029(3): Use of Presumptive Approval Procedure at 310 CMR 19.034.
  6. Description: review of a notice of modification pursuant to 310 CMR 19.029(3): Use of Presumptive Approval Procedure at 310 CMR 19.034.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 45 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 45 days of the Department's statement identifying deficiencies, if any. d. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $595. Transfer Station and Handling Facilities (g) (SW05) Permits for solid waste transfer stations or handling facilities.
  9. Category: permit and authorization to construct a new or expanded large transfer station, C&D transfer station, large C&D processing facility, or other large handling facility pursuant to 310 CMR 19.029(1): Use of Permit Procedure at 310 CMR 19.032, and 310 CMR 19.041: Authorization to Construct.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 2. Description: authorization to construct a large transfer station, C&D transfer station, large C&D processing facility or other large handling facility, any of which receives 50 tons per day or more. 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 60 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 60 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period of public comment, including any public hearing, the Department shall complete a public comment review. f. Where a variance is required pursuant to 310 CMR 19.080: Variances, the time periods for completion of technical and public comment reviews shall each be increased by 30 days. 4. Permit application fee: $7,235. (h) (SW19) Permits for solid waste transfer stations or other handling facilities.

  1. Category: permit and authorization to construct a new or expanded small transfer station, small C&D processing facility or other small handling facility pursuant to 310 CMR 19.029(1): Use of Permit Procedure at 310 CMR 19.032, and 19.041: Authorization to Construct.
  2. Description: authorization to construct a small transfer station, small C&D processing facility, or other small handling facility, any of which receives less than 50 tons per day.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 24 days of the close of the period of public comment, including any public hearing, the Department shall complete a public comment review. f. Where a variance pursuant to 310 CMR 19.080: Variances is required, the time periods for completion of technical and public comment reviews shall each be increased by 30 days.
  4. Permit application fee: $2,075. (i) (SW06) Permits for solid waste transfer stations or other handling facility.
  5. Category: authorization to operate or renew operation permit for a C&D transfer station, large C&D processing facility, or other large handling facility pursuant to 310 CMR 19.029(2): Use of Permit Procedures at 310 CMR 19.033 and 19.042: Authorization to Operate.
  6. Description: authorization to operate or renew operation permit for a C&D transfer station, large C&D processing facility, or other large handling facility any of which receives 50 tons per day or more excluding non-C&D transfer station.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $1,940. (j) (SW20) Permits for solid waste transfer station or other handling facility.

  1. Category: authorization to operate or renew operation permit for a small C&D processing facility or other small handling facility pursuant to 310 CMR 19.029(2): Use of Permit Procedures at 310 CMR 19.033 and 19.042: Authorization to Operate.
  2. Description: authorization to operate or renew operation permit for a small C&D processing facility or other small handling facility, any of which receives less than 50 tons per day excluding all small transfer stations.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 20 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 20 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $985. (k) (SW07) Permits for solid waste transfer stations or other handling facilities.
  5. Category: modification of permit for previously approved C&D transfer station, large C&D processing facility or other large handling facility pursuant to 310 CMR 19.029(2): Use of Permit Procedure at 310 CMR 19.033.
  6. Description: modification of permit for a C&D transfer station, large C&D processing facility or other large handling facility which receives 50 tons per day or more excluding all small transfer stations.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $3,235. (l) (SW21) Permits for solid waste transfer stations or other handling facilities.
  9. Category: modification of permit for previously approved, small C&D processing facility or other small handling facility pursuant to 310 CMR 19.029(2): Use of Permit Procedure at 310 CMR 19.033.
  10. Description: modification of permit for a small C&D processing facility or other small handling facility which receives less than 50 tons per day excluding non-C&D transfer station.
  11. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 20 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued d. Within 20 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $1,380. Existing Landfill (m) (SW08) Permits for solid waste landfill.

  1. Category: authorization to construct in an existing permitted landfill pursuant to 310 CMR 19.041: Authorization to Construct.
  2. Description: authorization to construct in an existing permitted landfill area where construction requires additional approval in phases pursuant to 310 CMR 19.041: Authorization to Construct and the initial permit.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  4. Permit application fee: $1,780. (o) (SW10) Permits for solid waste landfill.
  5. Category: authorization to operate a landfill, pursuant to 310 CMR 19.042: Authorization to Operate.
  6. Description: authorization to operate new phases of a permitted landfill as required pursuant to 310 CMR 19.042: Authorization to Operate and the initial permit.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $1,940. (p) (SW11) Permits for solid waste landfill.
  9. Category: major modification of landfill permit pursuant to 310 CMR 19.029(2): Use of Permit Procedure at 310 CMR 19.033.
  10. Description: major modification of a landfill plan where a design change will result in the construction of an appurtenance or structure.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Where a variance pursuant to 310 CMR 19.080: Variances is required, the time periods for completion of technical reviews shall each be increased by 30 days. 4. Permit application fee, a. Where the Secretary of Energy and Environmental Affairs determines that additional review pursuant to the Massachusetts Environmental Policy Act (MEPA) and 301 CMR 11.00: MEPA Regulations is required: $5,290. b. Where additional review pursuant to MEPA is not required: $3,880. (q) (SW22) Permits for solid waste landfill.

  1. Category: minor modification of a landfill pursuant to 310 CMR 19.029(2): Use of Permit Procedure at 310 CMR 19.033.
  2. Description: modification of a landfill permit with a change in operations, equipment or daily capacity but not construction of an appurtenance or structure.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 20 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 20 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Where a variance pursuant to 310 CMR 19.080: Variances is required, the time periods for completion of technical reviews shall each be increased by 30 days.
  4. Permit application fee $1,380. (r) (SW12) Permits for solid waste landfill.
  5. Category: approval of landfill closure and assessment evaluation pursuant to 310 CMR 19.150: Landfill Assessment Requirements.
  6. Description: approval of complete initial site assessment and draft scope of work for a comprehensive site assessment pursuant to 310 CMR 19.150(4): Initial Site Assessment.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $1,380. (s) (SW23) Permit for solid waste landfill.
  9. Category: approval of landfill closure and assessment evaluation pursuant to 310 CMR 19.150: Landfill Assessment Rewuirements.
  10. Description: approval of complete landfill comprehensive site assessment pursuant to 310 CMR 19.150(5): Comprehensive Site Assessment.
  11. Schedule of timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 60 days of making a determination of administrative completeness, the Department shall complete a technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 60 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $5,645. (t) (SW24) Permit for solid waste landfill.

  1. Category: approval of landfill closure and assessment evaluation pursuant to 310 CMR 19.150: Landfill Assessment Requirements.
  2. Description: Approval of a corrective action alternative analysis report pursuant to 310 CMR 19.150(6): Comprehensive Site Assessment.
  3. Schedule of timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $3,565. (u) (SW25) Permit for solid waste landfill.
  5. Category: approval landfill closure and assessment evaluation pursuant to 310 CMR 19.150: Landfill Assessment Requirements.
  6. Description: approval of the corrective action design pursuant to 310 CMR 19.151(2)(a): Corrective Action Design.
  7. Schedule of timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $4,255. (u)(1) (SW43) Permits for solid waste landfill.
  9. Category: Determination of landfill closure completion pursuant to 310 CMR 19.140(6): Completion of Closure.
  10. Description: approval of documentation of closure and post-closure planning.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Where a variance pursuant to 310 CMR 19.080: Variances is required, the time periods for completion of technical reviews shall each be increased by 30 days.
  12. Permit application fee: $2,435.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.40 continued

4.40: continued New Landfill or Expanded Existing Landfill (v) (SW26) Permit for solid waste landfill.

  1. Category: permit and authorization to construct new large landfill or large expansion of permitted landfill pursuant to 310 CMR 19.029(1): Use of Permit Procedure at 310 CMR 19.032 and 19.041: Authorization to Construct.
  2. Description: permit to construct a new landfill with 250 acre-feet or more of disposal volume or expand a permitted landfill by 250 feet or more of disposal volume.
  3. Schedule of timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, individual rule project subject to 310 CMR 4.05.
  4. Permit application fee: individual rule project subject to 310 CMR 4.05. (w) (SW27) Permit for solid waste landfill.
  5. Category: Permit and authorization to construct new medium sized landfill or medium expansion of permitted landfill pursuant to 310 CMR 19.029(1): Use of Permit Procedure at 310 CMR 19.032 and 19.041: Authorization to Construct.
  6. Description: permit to construct a new landfill with greater than 25 acre-feet but less than 250 feet of disposal volume or to expand a permitted landfill by greater than 25 feet but less than 250 feet of disposal volume.
  7. Schedule of timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 80 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 80 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days after the close of any public comment period including public hearing, the Department shall complete a public comment review, make any adjustments to the draft permit and issue a final permit decision. f. Where a variance pursuant to 310 CMR 19.080: Variances is required, the time periods for completion of technical and public comment reviews shall each be increased by 30 days.
  8. Permit application fee: $28,555. (x) (SW28) Permit for solid waste landfill.
  9. Category: permit and authorization to construct new small landfill or to construct small expansion of permitted landfill pursuant to 310 CMR 19.029(1): Use of Permit Procedure at 310 CMR 19.032 and 19.041: Authorization to Construct.
  10. Description: permit to construct a new landfill with no more than 25 acre-feet of disposal volume or to expand a permitted landfill by no more than 25 acre-feet disposal volume.
  11. Schedule of timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days after the close of any public comment period including public hearing, the Department shall complete a public comment review, make any adjustments to the draft permit and issue a final permit decision.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued f. Where a variance pursuant to 310 CMR 19.080: Variances is required, the time periods for completion of technical and public comment reviews shall each be increased by 30 days. 4. Permit application fee: $14,275. (y) (SW29) Permit for solid waste landfill.

  1. Category: permit and authorization to construct new woodwaste landfill or to construct the expansion of a permitted woodwaste landfill pursuant to 310 CMR 19.029(1): Use of Permit Procedure at 310 CMR 19.032 and 19.041: Authorization to Construct.
  2. Description: permit and authorization to construct a new woodwaste landfill or expand woodwaste capacity of a permitted landfill to dispose of uncontaminated woodwaste pursuant to 310 CMR 19.006: Definitions, including reclamation activities but excluding construction and demolition material.
  3. Schedule of timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days after the close of any public comment period including public hearing, the Department shall complete a public comment review, make any adjustments to the draft permit and issue a final permit decision. f. Where a variance pursuant to 310 CMR 19.080: Variances is required, the time periods for completion of technical and public comment reviews shall each be increased by 30 days.
  4. Permit application fee: $14,275. (z) (SW48) Permit for a Solid Waste Facility Third Party Inspector.
  5. Category: registration of solid waste facility inspector pursuant to 310 CMR 19.018(5): General Requirements, Registration and Qualification for Third Party Inspectors.
  6. Description: filing of a Solid Waste Facility Inspector Qualifications Statement.
  7. Schedule of timely action: for a qualifications statement filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of a qualifications statement and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $595. Determinations (z)(1) (SW39) Permits for solid waste management.
  9. Category: determination of beneficial use - use of secondary materials in commercial products pursuant to 310 CMR 19.060(14): Category 1 – Use of Secondary Materials in Commercial Products.
  10. Description: determination that the proposed use of a solid waste constitutes the beneficial use of a secondary material when reviewed in accordance with 310 CMR 19.060(14): Category 1 – Use of Secondary Materials in Commercial Products and that such material is no longer classified as a solid waste per approval.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $ 2,375. (aa)(1) (SW40) Permits for solid waste management.

  1. Category: determination of beneficial use – use of secondary materials in a DEP regulated system pursuant to 310 CMR 19.060(15): Category 2 – Use of Secondary Materials in Regulated Systems.
  2. Description: a determination that the proposed use of a solid waste constitutes the beneficial use of a secondary material when reviewed in accordance with 310 CMR 19.060(15): Category 1 – Use of Secondary Materials in Regulated Systems and that such material is adequately regulated and no longer classified as a solid waste per approval.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $2,375. (aa)(2) (SW41) Permits for solid waste management.
  5. Category: determination of beneficial use – use of secondary materials in restricted applications pursuant to 310 CMR 19.060(16): Category 3 – Use if Secondary Materials in Regulated Applications.
  6. Description: determination that the proposed use of a solid waste constitutes the beneficial use of a secondary material when reviewed in accordance with 310 CMR 19.060(16): Category 3 – Use of Secondary Materials in Regulated Applications and that such material is no longer classified as a solid waste per approval.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $4,455. (aa)(3) (SW42) Permits for solid waste management.
  9. Category: determination of beneficial use – use of a secondary material in an unrestricted application pursuant to 310 CMR 19.060(17): Category 4 – Use of Secondary Materials in Unrestricted Applications.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 2. Description: a determination that the proposed use of a solid waste constitutes the beneficial use of a secondary material when reviewed in accordance with 310 CMR 19.060(17): Category 4 – Use of Secondary Materials in Unrestricted Applications and that such material is no longer classified as a solid waste per approval. 3. Schedule of timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017 individual rule project subject to 310 CMR 4.05. 4. Permit application fee: individual rule project subject to 310 CMR 4.05. (aa)(4) (SW44) Permits for solid waste management.

  1. Category: determination of beneficial use – modification.
  2. Description: modification of a previously approved determination of beneficial use permit in accordance with 310 CMR 19.060: Beneficial Use of Solid Waste.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $1,065. (aa)(5) (SW49) Permits for solid waste management.
  5. Category: certification of transfer of permit for any type of solid waste management facility pursuant to 310 CMR 19.044: Transfer of Permits.
  6. Description: submission of a transfer of permit certification pursuant to 310 CMR 19.044: Transfer of Permits.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 45 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 45 days of the Department's statement identifying deficiencies, if any. d. Within 45 of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $595. (bb) (SW14) Permits for solid waste management.
  9. Category: special waste determination.
  10. Description: approval for a facility to accept a listed special waste pursuant to 310 CMR 19.029(3): Use of Presumptive Approval Procedure at 310 CMR 19.034 and 310 CMR 19.061: Special Waste.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 45 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 45 days of the Department's statement identifying deficiencies, if any. d. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  12. Permit application fee: $1,940.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued Combustion Facility (dd) (SW15) Permits for solid waste combustion facility.

  1. Category: Permit and authorization to construct a new solid waste combustion facility or expansion of an existing facility, pursuant to 310 CMR 19.029(1): Use of Permit Procedure at 310 CMR 19.032 and 19.041: Authorization to Construct.
  2. Schedule for timely action: for projects filed on or after March 24, 2017, individual rule project subject to 310 CMR 4.05.
  3. Permit application fee: individual rule project subject to 310 CMR 4.05. (ee) (SW16) Permits for solid waste combustion facility.
  4. Category: Authorization to operate or modify an existing combustion facility pursuant to 310 CMR 19.029(2): Use of Permit Procedure at 310 CMR 19.033.
  5. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Where a variance pursuant to 310 CMR 19.080: Variances is required, the time periods for completion of technical reviews shall each be increased by 30 days.
  6. Permit application fee: $5,290. Demonstration Projects (ff) (SW32) Permit for Solid Waste Demonstration Project.
  7. Category: approval for a demonstration project pursuant to 310 CMR 19.062: Demonstration Projects or Facilities.
  8. Description: Approval of a scope of work for demonstrating the effectiveness and utility of a new or innovative solid waste management technology.
  9. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  10. Permit application fee: $2,075. (gg) (SW33) Permit for Solid Waste Demonstration Project.
  11. Category: approval of a demonstration project report pursuant to 310 CMR 19.062(4): Department Evaluation of Demonstration Projects.
  12. Description: Approval of a report providing the results of a demonstration project approved pursuant to 310 CMR 4.10(4)(ff) .
  13. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $4,950. (hh) (SW35) Permit for Solid Waste: Recycling, Composting, or Conversion Demonstration Project.

  1. Category: approval of a demonstration project pursuant to 310 CMR 16.05(8): Demonstration Project for Recycling, Composting or Converting Recyclable or Organic Material.
  2. Description: approval for a project to demonstrate the effectiveness and utility of a new or innovative recycling, composting, or conversion technology for recyclable or organic material.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 24 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  4. Permit application fee: $1,458. (ii) (SW36) Permits for Post-closure Use.
  5. Category: permit for post-closure use: major category. Approval of a post-closure use at a solid waste management facility site pursuant to 310 CMR 19.016: Post-closure Use, 19.029(2): Use of Permit Procedure at 310 CMR 19.033 and, when the post-closure use is at a landfill, 310 CMR 19.143: Post-closure Use.
  6. Description: approval for post-closure use that is not subject to SW37.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy any identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $3,425. (jj) (SW37) Permits for Post-closure Use.
  9. Category: permit for post-closure use: minor category. Approval of a post-closure use at a solid waste management facility site pursuant to 310 CMR 19.016: Post-closure Use, 19.029(3): Use of Presumptive Approval Procedure at 310 CMR 19.034 and, when the post-closure use is at a landfill, 310 CMR 19.143: Post-closure Use.
  10. Description: approval for post-closure use that:
    1. does not affect the facility's appurtenances, or
    2. is not located on the final cover of a landfill.
    (PAGES 119 AND 120 ARE RESERVED FOR FUTURE USE)

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within ten days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 45 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy any identified deficiencies within 45 days of the Department's statement identifying deficiencies, if any. d. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $1,330. ((5) Industrial Wastewater (Reserved)). (6) Water Supply. (a) (WS) reserved (b) (WS) reserved (c) (WS) reserved (d) (WS) reserved (e) (WS) reserved Underground Injection Control (f) (WS06) Permits for water supply, underground injection control.

  1. Category: registration of underground injection wells and Pre-closure Notification.
  2. Description: registration of underground injection wells pursuant to 310 CMR 27.08: Registration and Pre-closure Notification pursuant to 310 CMR 27.04: Prohibited Activities and 310 CMR 27.12: Corrective Action; excluding registration for residential facilities up to four units having only residential activities; and excluding registration in communities where permit review for the UIC well type has been delegated by the Department pursuant to an approved Memorandum of Agreement.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017,

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: a. Well codes 5A24 with the exception of abandoned wells, 5B6, 5C4, 5G1, and 5K pursuant to 40 CFR 144.6 and 146.5: $585. b. Well codes 4P, 5A19, 5A23, 5B2, 5B3, 5C3, 5C5, 5H2, 5H3, and 5X pursuant to 40 CFR 144.6 and 146.5: $290. c. Well codes 5A18, 5A24 abandoned wells only, 5B1, 5C2, 5E, and 5H1 pursuant to 40 CFR 144.6 and 146.5: $110. d. Pre-closure Notification pursuant to 310 CMR 27. 04: Prohibited Activities and 27.12: Corrective Action: $110. (g) (WS) reserved (h) (WS) reserved Zone 2 Determination for Existing Sources of Drinking Water (i) (WS07) Zone 2 determination for existing sources of drinking water

  1. Category: approval to conduct a pumping test at an existing source for purposes of Zone II delineation.
  2. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  3. Permit application fee: $970. (j) (WS08) Zone 2 determination for existing sources of drinking water.
  4. Category: approval of Zone II delineation for existing source.
  5. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  6. Permit application fee: $3,235. (k) (WS) reserved (l) (WS) reserved

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued Cross Connection (n) (WS10) Permits for water supply: cross connections.

  1. Category: certification of backflow prevention device testers and cross connection surveyors pursuant to 310 CMR 22.22(13): Inspection Surveying and Overhauling of Devices.
  2. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  3. Permit application fee: a. certification of cross connection surveyor excluding currently certified testers: $65. b. certification of backflow prevention device tester excluding currently certified surveyors: $65. c. certification of backflow prevention device tester and cross connection surveyor: $65. New Technology Approval (o) (WS11) Permits for water supply: new technology approval.
  4. Category: approval of minor new technology for treatment of drinking water.
  5. Description: minor new technology approval pursuant to 310 CMR 22.04(8): New Product or Technology where no other Department program or interagency review is required of the new technology. Pilot testing may be required.
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $2,265. (p) (WS27) Permits for water supply: new technology approval.
  8. Category: approval of new technology additives and coatings.
  9. Description: approval of drinking water new technology additives and coatings previously approved by a third-party pursuant to 310 CMR 22.04(8): New Product or Technology.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  11. Permit application fee: $290.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (q) (WS31) Permits for vending and POU/POE Devices.

  1. Category: approval pursuant to 310 CMR 22.04(1): New or Substantially Modified Public Water Systems and 22.23(4) for vending machines and POU/POE treatment devices that have previous third party approval.
  2. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  3. Permit application fee: $290. (r) (WS28) Permits for new technology.
  4. Category: approval of one vending site/source prototype pursuant to 310 CMR 22.04(4): Prohibition on Construction or Substantially Modification of a Public Water System Without Prior Department Approval -- minor.
  5. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  6. Permit application fee: $1,380. (s) (WS12) Permits for water supply: new technology approval.
  7. Category: approval of major new technology for treatment of drinking water.
  8. Description: major new technology approval for treatment of drinking water pursuant to 310 CMR 22.04(8): New Product Technology where no other Department program or inter-agency review is required of the new technology.
  9. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, 2009, individual rule project subject to 310 CMR 4.05.
  10. Permit application fee: individual rule project. Water Quality Assurance/New Source Approval (t) (WS13) Permits for water supply, water quality assurance: new source approval.
  11. Category: Approval to site source under 70 gallons per minute pursuant to 310 CMR 22.21: Ground Water Supply Protection.
  12. Description: approval of exploratory phase work, site examination and land use survey, and approval to conduct pumping test in accordance with the current guidelines and policies for public water systems and 310 CMR 22.21: Ground Water Supply Protection.
  13. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 4. Permit application fee: $1,380. (u) (Reserved) (v) (WS15) Permits for water supply: water quality assurance: new source approval.

  1. Category: approval of pumping test report and approval to construct sources under 70 gallons per minute in accordance with current guidelines and policies for public water systems and 310 CMR 22.21: Ground Water Supply Protection.
  2. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  3. Permit application fee: $1,585. (v)(1) (WS37) Permits for water supply, water quality assurance: new source approval.
  4. Category: approval of new transient non-community source under 10,000 gallons per day.
  5. Description: approval of land use survey, pumping test report, and approval to construct source pursuant to 310 CMR 22.21: Ground Water Supply Protection.
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $810. (x) (WS17) Permits for water supply, water quality assurance: new source approval.
  8. Category: approval to site source 70 gallons per minute or greater and to conduct pumping test.
  9. Description: approval to site source 70 gallons per minute or greater by approval of exploratory phase work, site screening, site examination, land use survey, and approval to conduct pumping test pursuant to 310 CMR 22.21: Ground Water Supply Protection.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  11. Permit application fee: $4,850. (z) (WS19) Permits for water supply: water quality assurance: new source approval.
  12. Category: approval of pumping test report for source 70 gallons per minute or greater pursuant to 310 CMR 22.21: Ground Water Supply Protection.
  13. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 48 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued b. Within 96 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 96 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 3. Permit application fee: $8,205. (aa) (WS20) Permits for water supply: water quality assurance: new source approval.

  1. Category: approval to construct source 70 gallons per minute or greater pursuant to 310 CMR 22.21: Ground Water Supply Protection.
  2. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. A WS20 application may be submitted concurrently with a WS19 application in which case both permits will be subject to the WS19 application schedule for timely action.
  3. Permit application fee: $2,910. Water Quality Assurance/Water Treatment (bb) (WS21) Permits for water supply, water quality assurance: water treatment.
  4. Category: approval to conduct pilot study.
  5. Description: approval to conduct pilot study pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 48 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee:
    1. Less than 40,000 gallons per day: $320.
    2. 40,000 gallons per day or more and less than 200,000 gallons per day: $485.
    3. 200,000 gallons per day or more and less than one million gallons per day: $850.
    4. One million gallons per day or more: $1,135.
    (cc) (WS22) Permits for water supply, water quality assurance: water treatment.
  8. Category: approval of pilot study report.
  9. Description: approval of pilot study report pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 48 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: a. Less than 40,000 gallons per day: $915. b. 40,000 gallons per day or more and less than 200,000 gallons per day: $1,600. c. 200,000 gallons per day or more and less than one million gallons per day: $2,160. d. One million gallons per day or more: $2,850. (dd) (WS23) Permits for water supply: water treatment.

  1. Categories: approval to construct a facility to treat drinking water.
  2. Description: approval to construct a facility to treat drinking water in daily volumes of less than one million gallons per day pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee:
    1. Less than 40,000 gallons per day: $1,125.
    2. 40,000 gallons per day or more, and less than 200,000 gallons per day: $1,780.
    3. 200,000 gallons per day or more, and less than one million gallons per day:
    $5,005. (ee) (WS24) Permits for water supply water quality assurance: water treatment.
  5. Category: treatment approval to construct a facility to treat 1 mgd or greater pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  6. Schedule for timely action: for applications filed on or after March 24, 2017, individual rule project subject to 310 CMR 4.05.
  7. Permit application fee: individual rule project subject to 310 CMR 4.05. (ff) (WS25) Permits for water supply water quality assurance: water treatment
  8. Category: approval of treatment facility modification.
  9. Description: approval of treatment facility modification permit pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  11. Permit application fee:
    1. Less than 40,000 gallons per day: $550.
    2. 40,000 gallons per day or more, and less than 200,000 gallons per day: $860.
    3. 200,000 gallons per day or more, and less than one million gallons per day:
    $2,210. d. One million gallons per day or more: $3,070.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (gg) (WS29) Permits for water quality assurance: water treatment.

  1. Category: approval of chemical addition retrofit of water systems that serve more than 3300 people.
  2. Description: approval of water treatment modifications for the addition of chemicals pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $705. (gg)(1) (WS34) Permits for water quality assurance: water treatment.
  5. Category: approval of chemical addition retrofit of water systems that serve less than or equal to 3300 people.
  6. Description: approval of water treatment modifications for the addition of chemicals pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  7. Schedule of timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $350. Water Quality Assurance (hh) (WS26) Permits for water quality assurance.
  9. Category: approval of sale of land for water supply purposes pursuant to 310 CMR 22.24: Sale, Transfer of Property Interest, or Change in Use of Water Supply Land, or of acquisition of land to be used for water supply purposes pursuant to M.G.L. c. 165, § 4B.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017 a. Within 48 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  11. Permit Application fee: $1,290. (hh)(1) (WS32) Permits for water quality assurance: Distribution System Modifications.
  12. Category: approval of distribution system modifications such as storage tanks, distribution pump stations, transmission main installation, etc. for water systems that serve more than 3300 people.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 2. Description: approval of distribution system modifications pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems. 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $1,055. (hh)(2) (WS33) Permits for water quality assurance: Distribution System Modifications.

  1. Category: approval of distribution system modifications such as storage tanks, distribution pump stations, transmission main installation, etc. for water systems that serve less than or equal to 3300 people.
  2. Description: approval of distribution system modifications pursuant to 310 CMR 22.03 (1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $525. (hh)(3) (WS36) Permits for water quality assurance.
  5. Category: approval of abandonment of a water source pursuant to 310 CMR 22.25: Abandonment of Water Supply Sources.
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017. a. Within 48 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy any identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $70. (ii) (WS30) Permits for water supply: vending machine and POU/POE treatment device.
  8. Category: approval to install vending machine or POU/POE water treatment device.
  9. Description: approval to install one type of vending machine or POU/POE water treatment device at one to nine locations on the same public water distribution system pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: a. One type of vending machine at one to nine locations: $290. b. One type of POU/POE device at one to nine locations: $290. (ii)(1) (WS35) Permits for water supply: vending machine and POU/POE treatment device.

  1. Category: approval to install vending machine or POU/POE water treatment device.
  2. Description: approval to install one type of vending machine or POU/POE water treatment device at ten or more locations on the same public water distribution system pursuant to 310 CMR 22.03(1) and (2) and 22.04: Construction, Operation and Maintenance of Public Water Systems.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials for the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee:
    1. One type of vending machine at ten or more locations: $1,630.
    2. One type of POU/POE device at ten or more locations: $1,630.
    Well Drilling (ii)(2) (WS39) Permits for water supply, well drillers.
  5. Category: well driller certification.
  6. Description: well driller certification pursuant to 310 CMR 46.02: Certification Requirements.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $200. (ii)(3) (WS40) Permits for water supply, well drillers.
  9. Category: well driller certification renewal.
  10. Description: well driller certification renewal and renewal of certification with waiver pursuant to 310 CMR 46.02: Certification Requirements and 46.03(4): Annual Renewal.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $100. (ii)(4) (WS41) Permits for water supply, well drillers.

  1. Category: well driller certification with waiver.
  2. Description: initial well driller certification with waiver of some requirements pursuant to 310 CMR 46.02(3): Waiver.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $400. (ii)(5) (WS42) Permits for water supply, well drillers.
  5. Category: well drilling rig permit and decal and renewal of permit and decal.
  6. Description: well drilling rig permit and decal pursuant to 310 CMR 46.03(1)(c): Rig Permit and Rig Markings for Field Identification and renewal of permit and decal pursuant to 310 CMR 46.03(4): Annual Renewal.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $100 per rig. Watershed Management Water Withdrawals (mm) (WM01) Permits for watershed management.
  9. Category: transfer of right to withdraw water pursuant to 310 CMR 36.09: Transfer of a Registration Statement (registrations) or 310 CMR 36.33: Transfer of a Permit (permits).
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  11. Permit application fee: $215. (nn) (WM02) Permits for watershed management.
  12. Category: amendments to existing withdrawal permits pursuant to 310 CMR 36.29: Permit Amendments, Suspensions, and Terminations.
  13. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 36 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 3. Permit application fee: $1,940. (oo) (WM03) Permits for watershed management.

  1. Category: withdrawal permits.
  2. Description: withdrawal permits pursuant to 310 CMR 36.00: Massachusetts Water Resources Management Program.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $4,100. Herbicide Applications (pp) (WM04) Permits for watershed management.
  5. Category: approval to apply herbicide(s) to waters of the Commonwealth pursuant to M.G.L. c. 111, § 5E.
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 24 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 14 days of the Department's statement identifying deficiencies, if any. d. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $95.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued Surface Water NPDES Permits (qq) (WM05) Permits for watershed management.

  1. Category: major NPDES surface water discharge permit and renewal.
  2. Description: permit to discharge pursuant to 314 CMR 3.03: Discharges Requiring a Permit and defined by the USEPA as a major NPDES discharge pursuant to 40 CMR 122.2.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 200 days of making a determination of administrative completeness or receipt of EPA's draft NPDES permit, whichever is later, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 200 days of the Department's statement identifying deficiencies, if any. d. Within 200 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 90 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  4. Permit application fee: $6,785. (rr) (WM06) Permits for watershed management.
  5. Category: minor surface water discharge permit and renewal.
  6. Description: permit to discharge pursuant to 314 CMR 3.03: Discharges Requiring a Permit and not otherwise defined as a major NPDES discharger by the USEPA pursuant to 40 CFR 122.2.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 150 days of making a determination of administrative completeness or receipt of EPA's draft NPDES permit, whichever is later, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 150 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 90 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  8. Permit application fee: $3,170. (ss) (WM07) Permits for watershed management.
  9. Category: permit modification or renewal.
  10. Description: renewals or modifications of permits for existing permitted facilities as defined in WM05, WM06, IW16, and IW18.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 90 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 90 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review. 4. Permit application fee: $985. (uu) (WM09) Permits for watershed management.

  1. Category: approval of stormwater management plan.
  2. Description: review and approval of a stormwater management plan for discharges to Outstanding Resource Waters and coastal Areas of Critical Environmental Concern and other stormwater discharges pursuant to 314 CMR 3.06: General Permits as required by the Department, and that file and qualify for inclusion in EPA’s NPDES general permit for stormwater.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the appropriate fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completion, the Department shall complete a technical review. c. The permit applicant may remedy any identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review and approve or disapprove the plan.
  4. Permit application fee: $890.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (uu)(1) (WM15) Permits for watershed management.

  1. Category: general permit coverage for surface water discharge.
  2. Description: Notice of Intent for coverage under a general permit for discharges pursuant to 314 CMR 3.06: General Permits and that file and qualify for inclusion in EPA's NPDES general permits.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within ten days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within ten days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a second administrative completeness review. d. Within 21 days of making a determination of administrative completeness the Department shall complete a technical review. e. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. f. Within 21 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $500. (uu)(2) (WM16) Permits for watershed management.
  5. Category: treatment works plan approval.
  6. Description: plan approval for a new facility or plan approval for a modification to an existing facility holding permit IW16, IW18, WM05, or WM06.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $980.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (7) Water Pollution Control. Title 5 (a)(1) (WP57) Permits for Water Pollution Control: Title 5.

  1. Category: approval for installation of a recirculating sand filter or approved equivalent alternative technology pursuant to 310 CMR 15.202: Use of Recirculating Sand Filters.
  2. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  3. Permit application fee: $525. (a)(2) (WP58) Permits for Water Pollution Control: Title 5.
  4. Category: approval of plans to aggregate nitrogen loading or approval for installation of a shared system.
  5. Description: a. Approval of nitrogen aggregation plans pursuant to 310 CMR 15.216: Aggregate Determinations of Flows and Nitrogen Loadings, or b. Approval for the installation of a shared system pursuant to 310 CMR 15.290: Shared Systems.
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017,
    1. Nitrogen aggregation.
    2. Within 24 days of receipt of an application and payment of the permit
    application fee, the Department shall complete an administrative completeness review. ii. Within 60 days of making a determination of administrative completeness, the Department shall complete a technical review. iii. The permit applicant may remedy any identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. iv. Within 60 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. b. Shared System. i. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. ii. Within 30 days of making a determination of administrative completeness, the Department shall complete a technical review. iii. The permit applicant may remedy any identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. iv. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $1,940. (a)(3) (WP59) Permits for Water Pollution Control: Title 5
  8. Category: approval of variance.
  9. Description: approval of the following variances,
    1. (Reserved)
    2. Approval of variances pursuant to 310 CMR 15.410: Variances - Standard of
    Review, granted by Board of Health, except variance for increased flow to existing system, or c. Approval of variance granted by Board of Health for increased flow pursuant to 310 CMR 15.414: Variances for Increased Flow to Existing System or DEP issuance of variance for increased flow pursuant to 310 CMR 15.414: Variances for Increased Flow to Existing System.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy any identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $335. (a)(4) (WP60) Permits for Water Pollution Control: Title 5.

  1. Category: variance from Title 5 provisions for schools.
  2. Description: approval of a variance from Title 5 provisions for schools pursuant to 310 CMR 15.416: Variances for Schools.
  3. Schedule for timely action: or projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. c. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $1,940. (a)(5) (WP61) Permits for Water Pollution Control: Title 5.
  5. Category: approval or certification of alternative systems.
  6. Description: a. Approval of alternative systems for remedial use pursuant to 310 CMR 15.284: Approval for Remedial Use, or b. Approval of alternative systems for pilot use, provisional use, or certification for general use pursuant to 310 CMR 15.281: Purpose through 15.288: Certification of Alternative Systems for General Use.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $3,675. (a)(6) (WP62) Permits for Water Pollution Control: Title 5.
  9. Category: determination of acceptability for the use of septic system additives, soil absorption conditioners, approval of effluent tee filters, and approval of alternative devices for grease removal.
  10. Description: a. Determination of acceptability for the use of septic system additives pursuant to 310 CMR 15.027: Prohibition of Septic System Additives, or b. Soil absorption conditioners pursuant to 310 CMR 15.027: Prohibition of Septic System Additives, or c. Effluent tee filters pursuant to 310 CMR 15.281: Purpose through 15.288: Certification of Alternative Systems for General Use, or d. Alternative devices for grease removal pursuant to 310 CMR 15.230(12).
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017,

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department’s statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $1,140. (a)(7) (WP63) Permits for Water Pollution Control: Title 5.

  1. Category: disposal system construction permit for state or federal facilities.
  2. Description: disposal system construction permit for new systems, upgrade of small systems, upgrade of large systems which do not trigger failure criteria at 310 CMR 15.303: Systems Failing to Protect Public Health and Safety and the Environment, and/or expansion at state or federal facilities, with or without variances which accompany the permit pursuant to 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $1,140. (a)(8) (WP64) Permits for Water Pollution Control: Title 5.
  5. Category: approval of site use of alternative technology not included in other categories, and approval of tight tanks.
  6. Description:
    1. Approval of a tight tank pursuant to 310 CMR 15.260: Tight Tanks, or
    2. Approval of installation of an alternative system for pilot use pursuant to
    310 CMR 15.281: Purpose and 15.285: Approval for Piloting, excluding approved grease devices or systems approved pursuant to WP61 for piloting, provisional or general use, and excluding permits under WP57, or c. Approval of installation of alternative system pursuant to 310 CMR 15.284: Approval for Remedial Use for remedial use.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017,
    1. Tight Tanks.
    2. Within 30 days of receipt of an application and payment of the permit
    application fee, the permit is presumptively approved unless the Department approves the permit with conditions, denies the permit, or issues a statement of technical deficiencies. ii. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. iii. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. b. Installation of alternative system for pilot use or remedial use i. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued ii. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. iii. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. iv. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $525. (a)(10) (WP66) Permits for Water Pollution Control: Title 5.

  1. Category: upgrade, expansion or continued use of large systems or review determined necessary pursuant to 310 CMR 15.003(2)(b).
  2. Description: a. approval for upgrade, expansion or continued use of large systems pursuant to 310 CMR 15.003(2)(b), excluding permits W61 or WP63. b. approval of system required by the Department pursuant to 310 CMR 15.003(2)(b).
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $1,140. (a)(12) (WP70) Permits for Water Pollution Control: Title 5.
  5. Category: request for alternative design flow pursuant to 310 CMR 15.203(6) or approval to discharge non-sanitary wastewater to a septic system pursuant to 310 CMR 15.004(4).
  6. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 48 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. c. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $700. (a)(13) (WP75) Permits for Water Pollution Control: Title 5.
  8. Category: modification or renewal of alternative systems.
  9. Description: a. Modification or renewal of alternative systems for remedial use pursuant to 310 CMR 15.284: Approval for Remedial Use, or b. Modification or renewal of alternative systems for pilot use, provisional use, or certification for general use, pursuant to 310 CMR 15.281: Purpose through 15.288: Certification of Alternative Systems for General Use.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued d. Within 48 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: $ 2,160. Sanitary Groundwater Discharges (l)(WP11) Permits for water pollution control: groundwater discharges.

  1. Category: permit modification or renewal, with plan approval.
  2. Description: permit renewal or major modification with plan approval pursuant to 314 CMR 5.12: Modification, Suspension, Revocation, Renewal, and Transfer of Permits and reclaimed water pursuant to 314 CMR 20.00: Reclaimed Water Permit Program and Standards for WP05, WP06, WP08, WP10, WP79, WP84, and WP85 permits.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  4. Permit application fee: $1,830. (m)(WP12) Permits for water pollution control: groundwater discharges.
  5. Category: permit modification or renewal without plan approval.
  6. Description: permit renewal or major modification without plan approval pursuant to 314 CMR 5.12: Modification, Suspension, Revocation, Renewal, and Transfer of Permits and reclaimed water pursuant to 314 CMR 20.00: Reclaimed Water Permit Program and Standards for WP05, WP06, WP08, WP10, WP79, WP84, WP85 permits.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  8. Permit application fee: $890. (m)(1) (WP79) Permits for water pollution control: groundwater discharges.
  9. Category: individual sewage treatment permit.
  10. Description: individual sewage treatment permit not included under WP81 pursuant to 314 CMR 5.03: Discharges Requiring a Permit.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued d. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review. 4. Permit application fee: $5,000. (m)(2) (WP80) Permits for water pollution control: groundwater discharges.

  1. Category: general permit or general permit renewal for specified discharges.
  2. Description: general permit or general permit renewal for discharge of reject water from reverse osmosis facility, boiler blowdown, carwash, laundromat, wastewater from water purification plant and or water treatment lagoon, and point source agricultural discharge pursuant to 314 CMR 5.03: Discharges Requiring a Permit, and 310 CMR 5.13(1): Authority to Issue General Permits.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness and technical review. b. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 21 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. d. Within 15 days of the close of public comment period or public hearing, if any, the Department shall complete a final decision.
  4. Permit application fee: $745. (m)(3) (WP81) Permits for water pollution control: groundwater discharges.
  5. Category: small sewage treatment works general permit to discharge or general permit renewal.
  6. Description: small sewage treatment work designed to receive 50,000 gpd or less general permit to discharge or renewal of general permit pursuant to 314 CMR 5.03: Discharges Requiring a Permit, and 310 CMR 5.13(1): Authority to Issue General Permits.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness and technical review. b. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 21 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. d. Within 15 days of the close of public comment period or public hearing, if any, the Department shall complete a final decision.
  8. Permit application fee: $755. (m)(4) (WP82) Permits for water pollution control: groundwater discharges.
  9. Category: administrative renewal of groundwater discharge permit.
  10. Description: administrative renewal of groundwater discharge permit pursuant to 314 CMR 5.12(9): Administrative Renewal of Permits.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after May 1, 2020, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness and technical review. b. The permit applicant may remedy identified deficiencies within 30 days of the Department's statement identifying deficiencies, if any. c. Within 15 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 4. Permit application fee: $265. (m)(5) (WP83) Permits for water pollution control: groundwater discharges.

  1. Category: hydrogeologic report.
  2. Description: hydrogeologic report approval and authorization pursuant to 314 CMR 5.09: Duty to Submit Hydrogeological Evaluation.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness and technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. c. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $10,005. (m)(6) (WP84) Permits for water pollution control: groundwater discharges.
  5. Category: reclaimed water system.
  6. Description: reclaimed water system construction, modification, and operation pursuant to 314 CMR 20.03: Permit Requirements for Reclaimed Water Systems.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  8. Permit application fee: $5,000. (m)(7) (WP85) Permits for water pollution control: groundwater discharges.
  9. Category: other groundwater discharge individual permits.
  10. Description: permit for project requiring an individual discharge permit not specifically included in category WP79 or WP80.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 36 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 60 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  12. Permit application fee: $2,470. Industrial Groundwater Discharges (m)(8) (WP86) Permits for Industrial Wastewater: groundwater discharge.
  13. Category: permit and plan approval for Type II industrial wastewater treatment facility (formerly IW03).
  14. Description: permit to discharge pursuant to 314 CMR 5.03: Discharges Requiring a Permit and authorization to construct and operate a Type II industrial wastewater treatment facility, as defined in 257 CMR 2.15: Permit for Discharge.
  15. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017,

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 120 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 120 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review. 4. Permit application fee: $6,190. (m)(9) (WP87) Permits for Industrial Wastewater: groundwater discharge.

  1. Category: permit and plan approval for Type I industrial wastewater treatment facility, (formerly IW05).
  2. Description: permit to discharge pursuant to 314 CMR 5.03: Discharges Requiring a Permit and authorization to construct and operate a Type I industrial wastewater treatment facility, as defined in 257 CMR 2.15: Permit for Discharge.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 96 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 96 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  4. Permit application fee: $3,185. (m)(10) (WP88) Permits for Industrial Wastewater: groundwater discharge.
  5. Category: permit renewal or modification, with plan modification of industrial wastewater treatment facility; (formerly IW30).
  6. Description: permit renewal or modification, with plan modification, for facility holding permit IW03, IWP05, WP86, or WP87.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. Within 88 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 88 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment including any period for public hearing, the Department shall complete a public comment review.
  8. Permit application fee: $1,445. (m)(11) (WP89) Permits for Industrial Wastewater: groundwater discharge.
  9. Category: permit renewal or modification, without plan modification of industrial wastewater treatment facility (formerly IW31).
  10. Description: permit renewal or modification, without plan modification, for facility holding permit IW03, IW05, WP86, or WP87.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any period for public hearing, the Department shall complete a public comment review. 4. Permit application fee: $645. (m)(12) (WP90) Permits for Industrial Wastewater: groundwater discharge.

  1. Category: plan approval modification for industrial wastewater treatment system (formerly IW32).
  2. Description: plan approval modification for facility holding permit IW03, IW05, WP86, or WP87.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $940. Treatment Works Plan Approval (n) (WP68) Permits for Water Pollution Control: treatment works plan approval.
  5. Category: treatment works plan approval.
  6. Description: plan approval for a new facility or plan approval for modifications to existing facilities with permitted discharges to the ground or surface water pursuant to 310 CMR 5.00: Ground Water Discharge Permit Program.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $970. Holding Tanks (o) (WP56) Permits for Holding Tanks.
  9. Category: certification of industrial wastewater holding tank pursuant to M.G.L. c. 21, § 27, and 314 CMR 18.10: Certification.
  10. Description: certification covers new industrial wastewater holding tank installation and conversion of existing tanks into industrial wastewater holding tanks.
  11. Schedule for timely action: for projects for which application is filed and fees received on or after May 1, 2020, a. Within 30 days of receipt of an application and payment of the application fee, the Department shall complete an administrative review. b. Within 30 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any,

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued d. Within 30 days of receipt of materials in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. In the absence of a written decision, the certification shall be presumptively approved. 4. Permit application fee: $140. Sewer Connections/Extensions (y) (WP91) Permits for water pollution control: sewer connections/extensions.

  1. Category: sewer connection/ extension.
  2. Description: sewer connection permit as determined by the Department permit pursuant to 314 CMR 7.03(3).
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 90 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. d. Within 20 days of the close of the period for public comment, including a public hearing, if any, the Department shall complete a public comment review.
  4. Permit application fee: $3,000. (z) (WP92) Permits for industrial sewer connections.
  5. Category: sewer connection.
  6. Description: permit pursuant to 314 CMR 7.03(2).
  7. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness and technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department's statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. d. Within 20 days of the close of the period for public comment, including a public hearing, if any, the Department shall complete a public comment review.
  8. Permit application fee: $1,795. Residuals Management (aa) (WP28) Permits for water pollution control: residuals management.
  9. Category: approval of sampling and analysis plan for land application of residuals, as required prior to classification and permit for land application.
  10. Description: approval of sampling and analysis plan pursuant to 310 CMR 32.00: Land Application of Sludge and Septage for beneficial use of sludge, sludge products or septage.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  12. Permit application fee: $860. (bb) (WP29) Permits for water pollution control: residuals management.
  13. Category: determination of suitability for land application of residuals.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 2. Description: classification of sludge, sludge products, or septage prior to land application for beneficial use, pursuant to 310 CMR 32.00: Land Application of Sludge and Septage. 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review. 4. Permit application fee: $3,500. (cc) (WP30) Permits for water pollution control: residuals management.

  1. Category: certification pursuant to 310 CMR 32.00: Land Application of Sludge and Septage of major projects for land application of sludge, sludge products, or septage.
  2. Description: land application certification for Type 2 or Type 3 classified residuals, for projects of 0.5 acres or more.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  4. Permit application fee: $2,910. (dd) (WP31) Permits for water pollution control: residuals management.
  5. Category: certification pursuant to 310 CMR 32.00: Land Application of Sludge and Septage of minor projects for land application of sludge, sludge products, or septage.
  6. Description: land application certification for Type 2 or Type 3 classified residuals, for projects of less than 0.5 acre.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  8. Permit application fee: $755. (ee) (WP32) Permits for water pollution control: residuals management.
  9. Category: renewal or modification of certification pursuant to 310 CMR 32.00: Land Application of Sludge and Septage of projects for land application of sludge, sludge products, or septage.
  10. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017,

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 48 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review. 4. Permit application fee: $315. (ff) (WP33) Permits for water pollution control: residuals management.

  1. Category: approval of wastewater treatment residuals landfill, pursuant to M.G.L. c. 21, § 27 or § 43(2), M.G.L. c. 83, §§ 6 and 7, or M.G.L. c. 21A, § 13, 314 CMR 5.00: Ground Water Discharge Permit Program or 3.00: Surface Water Discharge Permit Program, or 7.00: Sewer System Extension and Connection Permit Program.
  2. Schedule of timely action: for applications received on or after March 24, 2017, individual rule project subject to 310 CMR 4.05.
  3. Permit application fee: for projects for which applications are filed and fees received on or after March 24, 2017, individual rule project subject to 310 CMR 4.05. (gg) (WP34) Permits for water pollution control: residuals management.
  4. Category: approval of closure of wastewater treatment residuals landfill, pursuant to M.G.L. c. 21, §§ 27 and 43(2), M.G.L. c. 83, §§ 6 and 7, M.G.L. c. 21A, § 13 or 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, or 7.00: Sewer System Extension and Connection Permit Program.
  5. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  6. Permit application fee: $8,745. (hh) (WP35) Permits for water pollution control: residuals management.
  7. Category: approval of design plans and specifications for residuals management facilities, pursuant to M.G.L. c. 21, § 27 or § 43(2), M.G.L. c. 83, §§ 6 and 7, or M.G.L. c. 21A, § 13 or 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers.
  8. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 120 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 120 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. e. Within 72 days of the close of the period for public comment, including any public hearing, the Department shall complete a public comment review.
  9. Permit application fee: $5,350. (ii) (WP44) Permits for water pollution control: residuals management.
  10. Category: modifications to permits for residuals landfills.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 2. Description: modifications to existing approvals including but not limited to changes in design, operation, and monitoring plans. 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 3. Permit application fee: $2,180. (jj) (WP45) Permits for water pollution control: residuals management.

  1. Category: modifications to residuals management facilities.
  2. Description: modifications to existing plan approvals for all residual management facilities excluding residual landfills, but including and not limited to revisions to design, operation, monitoring, and material processing operations.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $1,280. (kk) (WP93) Permits for water pollution control: residuals management.
  5. Category: renewal for land application of Type I residuals.
  6. Description: renewal of Type I approval pursuant to 310 CMR 32.13(11).
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, (see 310 CMR 32.13(11)) for the terms of presumptive approval), a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete a technical review. b. The permit applicant may remedy any identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $1,700. Wastewater Treatment Plant Operators (pp) (WP47) Permits for water pollution control: licenses for wastewater treatment plant operators.
  9. Category: certification through reciprocity.
  10. Description: certifications for the seven grades of wastewater treatment plant operators pursuant to 257 CMR 2.00: Certification of Operators of Wastewater Treatment Facilities by reciprocity review and status.
  11. Schedule for timely action: for certifications for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the application fee, the Board shall complete an administrative review. b. Within 24 days of making a determination of administrative completeness, the Board shall complete a technical review. c. The applicant may remedy identified deficiencies within 30 days of the Board statement of deficiencies.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued d. Within 24 days of receipt of materials from the applicant in response to a statement identifying deficiencies, the Board shall complete a supplemental technical review. 4. Permit application fee: $95. (qq) (WP48) Permits for water pollution control: licenses for wastewater treatment plant operators.

  1. Category: emergency and provisional certifications.
  2. Description: approval of emergency and provisional certifications for the seven grades of wastewater treatment plant operators pursuant to 257 CMR 2.00: Certification of Operators of Wastewater Treatment Facilities.
  3. Schedule for timely action: for certifications for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the application fee, the Board shall complete an administrative review. b. Within 24 days of making a determination of administrative completeness, the Board shall complete a technical review. c. The applicant may remedy identified deficiencies within 30 days of the Board statement of deficiencies. d. Within 24 days of receipt of materials from the applicant in response to a statement identifying deficiencies, the Board shall complete a final technical review.
  4. Permit application fee: $35. (8) Wetlands and Waterways Waterways Permits (a) (WW01) Permits for waterways.
  5. Category: waterways license or permit: water-dependent use projects.
  6. Description: license or permit pursuant to 310 CMR 9.04: Geographic Areas Subject to Jurisdiction, 314 CMR 9.05: Activities Subject to Jurisdiction, and 9.11(2)(a).
  7. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. c. Within 30 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 60 days of the close of the public comment period and notification by the applicant that the public notice has been published, the Department shall complete a technical review by issuing a statement of deficiencies or a written document ending this review timeline pursuant to 310 CMR 4.00. e. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. f. Within 60 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review and issue a written document ending this review timeline pursuant to 310 CMR 4.00.
  8. Permit application fee:
    1. Residential water-dependent use projects for four dwelling units or less: $215.
    2. Other water-dependent use projects: $330.
    3. Licenses with extended terms, or facilities described in 310 CMR
    9.00: Waterways: $3,350. (a)(1) (WW14) Permits for waterways.
  9. Category: waterways license or permit for nonwater-dependent projects with partial initial application.
  10. Description: license or permit pursuant to 310 CMR 9.04: Geographic Areas Subject to Jurisdiction and 9.05: Activities Subject to Jurisdiction, when an applicant initially submits a partial application and completes the application after the public hearing.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 90 days of the close of the public comment period and notification by the applicant that the public notice has been published, the Department shall complete a technical review by issuing a statement of deficiencies or a written determination ending this timeline pursuant to 310 CMR 4.00. e. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. f. Within 60 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review by issuing a written determination ending this timeline pursuant to 310 CMR 4.00. 4. Permit application fee: a. Residential nonwater-dependent use projects for four dwelling units or less: $665. b. Other nonwater-dependent use projects: $2,005. c. Licenses with extended terms, or facilities described in 310 CMR 9.16(3)(b)2.: $3,350. (a)(2) (WW15) Permits for waterways

  1. Category: non-water Dependent project with initial full application.
  2. Description: license or permit pursuant to 310 CMR 9.04: Geographic Areas Subject to Jurisdiction and 9.05: Activities Subject to Jurisdiction, when an applicant initially submits a partial application and completes the application after the public hearing.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 60 days of the close of the public comment period and notification by the applicant that the public notice has been published, the Department shall complete a technical review by issuing a statement of deficiencies or a written determination ending this timeline pursuant to 310 CMR 4.00. e. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. f. Within 60 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review by issuing a written determination ending this timeline pursuant to 310 CMR 4.00.
  4. Permit application fee:
    1. Residential nonwater-dependent use projects for four dwelling units or less: $665
    2. Other nonwater-dependent use projects: $2,005.
    3. Licenses with extended terms, or facilities described in 310 CMR 9.16(3)(b)2.:
    $3,350. (a)(3) (WW16) Permits for waterways
  5. Category: waterways license or permit for nonwater-dependent projects within a Municipal Harbor Plan.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 2. Description: license or permit pursuant to 310 CMR 9.04: Geographic Areas Subject to Jurisdiction and 9.05: Activities Subject to Jurisdiction, within an area subject to a Municipal Harbor Plan approved under 301 CMR 23.00: Review and Approval of Municipal Harbor Plans. 3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after, March 24, 2017, a. Within 45 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. c. Within 45 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 75 days of the close of the public comment period and notification by the applicant that the public notice has been published, the Department shall complete a technical review by issuing a statement of deficiencies or a written determination ending this timeline pursuant to 310 CMR 4.00. e. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. f. Within 45 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review and issue final written determination ending this timeline pursuant to 310 CMR 4.00. 4. Permit application fee: a Residential nonwater-dependent use projects (for four dwelling units or less): $665. b. Other nonwater-dependent use projects: $2,005. c. Licenses with extended terms, or facilities described in 310 CMR 9.16(3)(b)2.: $3,350. (a)(4) (WW17) Permits for waterways.

  1. Category: waterways license or permit for nonwater-dependent projects with Joint MEPA Application.
  2. Description: license or permit when applicants file a Final Environmental Impact Report under 301 CMR 11.07(4) that serves as an application meeting the requirements of 310 CMR 9.11(3)(a) through (c): Appraisal Procedure.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after, March 24, 2017, a. Within 90 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. c. Within 25 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 30 days of the close of the public comment period and notification by the applicant that the public notice has been published, the Department shall complete a technical review by issuing a statement of deficiencies or a written determination ending this timeline pursuant to 310 CMR 4.00. e. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. f. Within 30 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review and issue a written determination ending this timeline pursuant to 310 CMR 4.00.
  4. Permit application fee: a. Residential nonwater-dependent use projects for four dwelling units or less: $665. b. Other nonwater-dependent use projects: $2,005. c. Licenses with extended terms, or facilities described in 310 CMR 9.16(3)(b)2.: $3,350.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (c) (WW03) Permits for waterways.

  1. Category: amendment of waterways license or permit.
  2. Description: amendment of license or permit pursuant to 310 CMR 9.04: Geographic Areas Subject to Jurisdiction and 9.05: Activities Subject to Jurisdiction.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. c. Within 30 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 60 days of the close of the public comment period and notification by the applicant that the public notice has been published, the Department shall complete a technical review by issuing a statement of deficiencies or a written document ending this timeline pursuant to 310 CMR 4.00. e. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. f. Within 60 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review by issuing a written document ending this timeline pursuant to 310 CMR 4.00.
  4. Permit application fee:
    1. Residential water-dependent use projects for four dwelling units or less: $100.
    2. Other water-dependent use projects: $125.
    3. Residential nonwater-dependent use projects for four dwelling units or less: $530.
    4. Other nonwater-dependent use projects: $1,000.
    5. Licenses with extended terms, or facilities described in 310 CMR 9.16(3)(b)2.:
    $1,335. (d) (WW04) Permits for waterways.
  5. Category: determinations of applicability pursuant to 310 CMR 9.06: Requests for Determination of Applicability.
  6. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review in accordance with the standards of 310 CMR 9.06(1) and (2). b Within 48 days of making a determination of administrative completeness, or of the close of any public comment period pursuant to 310 CMR 9.06(3), the Department shall complete a technical review. c. The applicant may remedy identified deficiencies within 60 days of the Depart- ment's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  7. Permit application fee: $100. (e) (WW05) Permits for waterways.
  8. Category: certificates of compliance pursuant to 310 CMR 9.19: Certificate of Compliance.
  9. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review in accordance with the standards of 310 CMR 9.16: Fees and 9.19: Certificate of Compliance. b. Within 292 days of making a determination of administrative completeness, the Department shall complete its technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. If the Department has required changes as necessary to bring the project into compliance, the Department will complete technical review within 146 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies. 3. Permit application fee: a. Water-dependent use projects, except facilities described in 310 CMR 9.16(3)(b)2.: $100. b. Nonwater-dependent use projects: $215. c. Licenses with extended terms, or facilities described in 310 CMR 9.16(3)(b)2.: $430. (f) (WW06) Permits for waterways.

  1. Category: waterways license, small structures accessory to residences.
  2. Description: license for small dock/pier projects meeting the requirements of 310 CMR 9.10(1): Projects Eligible for Simplified Procedures.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. c. Within 24 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review by issuing a statement of deficiencies or a written document ending this timeline pursuant to 310 CMR 4.00. e. The applicant may remedy identified deficiencies within 60 days of the Department’s statement identifying deficiencies, if any. f. Within 72 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental technical review and issue a written document ending this timeline pursuant to 310 CMR 4.00.
  4. Permit application fee: $75. (f)(1) (WW12) Permits for waterways.
  5. Category: Waterways License renewal, small structures accessory to residences.
  6. Description: license renewal for small dock/pier projects meeting the requirements of 310 CMR 9.10(6): Renewal and Transfer of Licenses from the Department.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. The applicant may remedy identified deficiencies within 60 days of the Depart- ment's statement identifying deficiencies, if any. c. Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 48 days of notification by the applicant that the public notice has been published or the close of the public comment period, whichever is later, the Department shall complete a technical review. e. The applicant may remedy identified deficiencies within 60 days of the Depart- ment's statement identifying deficiencies, if any. f. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee: $35. (f)(2) (WW24) Permits for waterways.
  9. Category: waterways general license, small structures accessory to residences.
  10. Description: certification under the general license for small dock/pier projects meeting the requirements of 310 CMR 9.29(2): Projects Eligible for General License Certification.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 60 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. The applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c. Within 45 days of making a determination of administrative completeness, the Department shall complete a technical review. 4. Permit application fee: $75. (f)(3) (WW25) permits for waterways.

  1. Category: permits for test projects.
  2. Description: Permits for in situ testing of water-dependant pilot technologies pursuant to 310 CMR 9.30: Permitting of Test Projects.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. The applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. c Within 24 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 30 days of making a determination of administrative completeness, the Department shall complete a technical review. e. The applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. f. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $440. Water Quality Certifications (g) (WW07) Permits for wetlands and waterways.
  5. Category: water quality certifications for major dredging projects.
  6. Description: Water Quality Certification pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth for major dredging and dredge material disposal projects, limited to projects involving dredging of 5,000 cubic yards (c.y.) or greater.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 96 days of making a determination of administrative completeness, the Department shall complete a technical review, including public comment review, if any. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 96 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review, including public comment review.
  8. Permit application fee: $490. (h) (WW08) Permits for wetlands and waterways.
  9. Category: water quality certifications for minor dredging projects.
  10. Description: Water Quality Certification pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth for minor dredging and dredge material disposal projects, limited to projects involving dredging less than 5,000 c.y. but more than 100 c.y.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review, including public comment review, if any. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review, including public comment review. 4. Permit application fee: $95. (i) (WW09) Permits for wetlands and waterways.

  1. Category: amendment of water quality certifications for dredging projects.
  2. Description: amendment of Water Quality Certification pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth for dredging and dredge material disposal projects.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review, including public comment review, if any. c. The permit applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. d. Within 48 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review, including public comment review.
  4. Permit application fee: a. Increase in dredge volume by 50% or less with no change in dredge footprint: $90. b. Change in dredge or disposal construction methods or plans: $190. c. Change in one or more certification conditions relating to dredging or disposal: $280. (j) (WW10) Permits for wetlands & waterways.
  5. Category: water quality certifications for major projects.
  6. Description: Water Quality Certification pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth for major fill and excavation projects in waters and wetlands, except for those exempted under the provisions of 314 CMR 9.03: Activities Not Requiring an Application. Major fill and excavation projects are limited to projects: a. with a cumulative loss of more than 5,000 sq. ft. loss of bordering and isolated vegetated wetland and land under water, except for routine maintenance projects meeting the criteria of 314 CMR 9.04(5): Routine Maintenance and agricultural limited projects meeting the criteria of 314 CMR 9.04(1): More than 5000 sq. ft.; or b. with a loss of any amount of vegetated wetland or land under water involving: i. Outstanding Resource Waters; ii. rare species in Isolated Vegetated Wetland; iii. salt marsh; iv. an individual 404 Permit; v. activities where the Department invokes discretionary authority pursuant to 314 CMR 9.04(11): Discretionary Authority to require an application for an individual Water Quality Certification.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017,

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 96 days of making a determination of administrative completeness, the Department shall complete a technical review, including public comment review, if any. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 96 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review, including public comment review. 4. Permit application fee: $490. (k) (WW11) Permits for wetlands & waterways.

  1. Category: water quality certifications for minor projects.
  2. Description: Water Quality Certification pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth for minor fill and excavation projects in waters and wetlands, except for those exempted under the provisions of 314 CMR 9.03: Activities Not Requiring an Application. Minor fill and excavation projects are limited to projects: a. with a cumulative loss of less than 5000 sq. ft. loss of bordering and isolated vegetated wetland and land under water, involving: i. real estate subdivisions required to file applications for individual water quality certifications under the provisions of 314 CMR 9.04(3): Real Estate Subdivision; ii. activities exempt under M.G.L. c. 131, § 40 under the provisions of 314 CMR 9.04(4): Activities Exempt under M.G.L. c. 131, § 40; iii. any activity subject to the provisions of 314 CMR 9.04(13); b. with a cumulative loss of more than 5,000 sq. ft. of vegetated wetland or land under water involving routine maintenance meeting the criteria of 314 CMR 9.04(5): Routine Maintenance; and c. with any cumulative loss of vegetated wetland or land under water involving an agricultural limited projects meeting the criteria of 314 CMR 9.04(10): Activities Exempt under M.G.L. c. 131, § 40.
  3. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of making a determination of administrative completeness, the Department shall complete a technical review, including public comment review, if any. c. The permit applicant may remedy identified deficiencies within 180 days of the Department's statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review, including public comment review.
  4. Permit application fee: $95. Combined Permits (k)(1) (WW26) Combined permits for waterways and water quality certifications.
  5. Category: combined permits for waterways and water quality certifications.
  6. Description: combined permit for water quality certification and waterways license pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth and 310 CMR 9.00: Waterways.
  7. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. The applicant may remedy identified deficiencies within 60 days of the Depart- ment's statement identifying deficiencies, if any.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 96 days of the close of the public comment period and notification by the applicant that the public notice has been published, the Department shall complete a technical review. e. The applicant may remedy identified deficiencies within 60 days of the Depart- ment's statement identifying deficiencies, if any. f. Within 96 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review. 4. Permit application fee: the application fee is the sum of fees associated with each individual permit category included in the combined permit. Eligible categories include WW07, $490, WW08, $95, WW10, $490, WW11, $95, WW01a, $215, and WW01b, $330. (k)(2)(WW27) Combined permit amendment for waterways and water quality certifications.

  1. Category: combined permit amendment for waterways and water quality certifications.
  2. Description: combined permit amendment for water quality certification (WW09) and waterways license (WW03) pursuant to 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth and 310 CMR 9.00: Waterways.
  3. Schedule for timely action: for projects for which applications are filed and/or fees received on or after March 24, 2017, a. Within 30 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative review. b. The applicant may remedy identified deficiencies within 60 days of the Depart- ment's statement identifying deficiencies, if any. c. Within 30 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental administrative review. d. Within 60 days of the close of the public comment period and notification by the applicant that the public notice has been published, the Department shall complete a technical review. e. The applicant may remedy identified deficiencies within 60 days of the Department's statement identifying deficiencies, if any. f. Within 60 days of receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee: $302. Wetlands (m) (WW13) Permits for wetlands.
  5. Category: permits for renovation of abandoned cranberry bogs.
  6. Description: permits pursuant to 310 CMR 23.00: Renovation of Abandoned Cranberry Bogs for renovation of abandoned cranberry bogs.
  7. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 72 days of the close of the public comment or administrative completeness period or public hearing, if any, whichever occurs later, the Department shall complete a technical review. c. The permit applicant may remedy identified deficiencies within 180 days of the Department’s statement identifying deficiencies, if any. d. Within 72 days of receipt of materials from the applicant in response to the Department’s statement identifying deficiencies or the close of public hearing, if any, whichever later, the Department shall complete a supplemental technical review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 4. Permit application fee: $785. (n) (WW18) Permits for Wetlands.

  1. Category: Notice of Intent and Abbreviated Notice of Intent.
  2. Description: Notice of Intent and Abbreviated Notice of Intent pursuant to M.G.L. c. 131, § 40 and 310 CMR 10.05(4): Notices of Intent. The designation of the Department’s file number shall not imply that the plans and supporting documents have been judged adequate for the issuance of an Order, but only that copies of the minimum submittal requirements contained in the general instructions have been filed.
  3. Schedule for timely action: for projects for which Notices of Intent or Abbreviated Notices of Intent are filed and fees received on or after March 24, 2017, a. Within 21 days of receipt of a Notice of Intent or Abbreviated Notice of Intent and payment of the permit application fee, the Department shall complete an administrative completeness review. b. The permit applicant may remedy identified deficiencies within 21 days of the Department’s statement identifying deficiencies, if any. c. Within 21 days of the Department’s receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a final review resulting in a decision to issue or deny a file number.
  4. Permit application fee: The fee, created pursuant to M.G.L. c. 131, § 40, is for work proposed under a single Notice of Intent. When the application involves more than one activity the fee shall be determined by adding the fees for each proposed activity, except that when work involves activities within the riverfront area as well as another resource area, the fee shall be determined by adding an additional 50% to the fee calculated for activities in another resource area(s) or the buffer zone to another resource area for each of the proposed activities within the riverfront area:
    1. Category 1: $110
    2. Category 2: $500
    3. Category 3: $1050
    4. Category 4: $1450
    5. Category 5: $4 per linear foot
    6. Category 6: $2 per linear foot with a maximum of $200 for a single-family house
    project and a maximum of $2000 for any other activity. (o) (WW19) Permits for Wetlands.
  5. Category: Superseding Determination of Applicability.
  6. Description: Superseding Determination of Applicability pursuant to 310 CMR 10.05(3)(c): Appeal to the Department.
  7. Schedule: for projects for which Requests for Superseding Determination of Applicability are filed and fees received on or after March 24, 2017, a. Within 70 days of receipt of Request for Superseding Determination of Applicability and payment of the application fee, the Department shall complete technical review. b. The permit applicant may remedy identified deficiencies within 70 days of the Department’s statement identifying deficiencies, if any. c. Within 40 days of the Department’s receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental review.
  8. Permit application fee: $120. (p) (WW20) Permits for Wetlands.
  9. Category: Superseding Order of Conditions.
  10. Description: Superseding Order of Conditions pursuant to 310 CMR 10.05(7): Requests for Actions by the Department (Appeals).
  11. Schedule: for projects for which Requests for Superseding Order of Conditions are filed and fees received on or after March 24, 2017, a. Within 70 days of receipt of Request for Superseding Order of Conditions and payment of the application fee, the Department shall complete technical review. b. The permit applicant may remedy identified deficiencies within 70 days of the Department’s statement identifying deficiencies, if any. c. Within 40 days of the Department’s receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 4. Permit application fee: a. Superseding Order of Conditions for individual single-family homes with associated structures: $120. b.All Other Superseding Order of Conditions: $245. (q) (WW21) Permits for Wetlands.

  1. Category: Superseding Order of Resource Area Delineation.
  2. Description: Superseding Order of Resource Area Delineation pursuant to 310 CMR 10.05(7): Requests for Actions by the Department (Appeals).
  3. Schedule: for projects for which Requests for Superseding Order of Resource Area Delineation are filed and fees received on or after March 24, 2017, a. Within 70 days of receipt of Request for Superseding Determination of Applicability and payment of the application fee, the Department shall complete technical review. b. The permit applicant may remedy identified deficiencies within 70 days of the Department’s statement identifying deficiencies, if any. c. Within 40 days of the Department’s receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental review.
  4. Permit application fee: $120. (r) (WW22) Permits for Wetlands.
  5. Category: Request for Variance.
  6. Description: Variance pursuant to 310 CMR 10.05(10): Variance.
  7. Schedule: for projects for which Requests for Variance are filed and fees received on or after March 24, 2017, a. Within 70 days of receipt of Request for Variance and payment of the application fee, the Department shall complete technical review. b. The permit applicant may remedy identified deficiencies within 70 days of the Department’s statement identifying deficiencies, if any. c. Within 40 days of the Department’s receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental review.
  8. Permit application fee: $9,830. (s) (WW23) Permits for Wetlands.
  9. Category: Request for Variance with a claim of unconstitutional taking of property.
  10. Description: Variance with a claim of unconstitutional taking of property pursuant to 310 CMR 10.05(10): Variance.
  11. Schedule: for projects for which Requests for Variance are filed and fees received on or after March 24, 2017, a. Within 70 days of receipt of Request for Variance and payment of the application fee, the Department shall complete technical review. b. The permit applicant may remedy identified deficiencies within 70 days of the Department’s statement identifying deficiencies, if any. c. Within 40 days of the Department’s receipt of materials from the applicant in response to the Department’s statement identifying deficiencies, the Department shall complete a supplemental review.
  12. Permit application fee: $245. (9) Laboratory Certification (a) (LES01EA) Permits for laboratory certification.
  13. Category: initial certification for microbiology laboratory.
  14. Description: initial certification of laboratory for microbiology analyses pursuant to 310 CMR 42.05(1)(a): Microbiology and (2)(a): Microbiology.
  15. Schedule for timely action for applications filed after March 24, 2017, a. Within 36 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued b. Within 48 days of making a determination of administrative completeness, the Department shall complete the technical review required prior to on-site inspection. c. The permit applicant may remedy identified deficiencies during technical review within 60 days of the Department's statement identifying deficiencies, if any. The Department shall complete review of supplemental material within 48 days. d. Within 80 days of completing a technical review, the Department shall complete on-site inspection and post-inspection review. e. The permit applicant may remedy deficiencies identified during inspection review within 90 days of the Department's statement identifying deficiencies, if any. f. Within 80 days of receipt of supplemental materials from the applicant in response to the Department's statement identifying deficiencies during the inspection review period, the Department shall complete the supplemental technical review. 4. Permit application fee: $280 includes an application for one or more certifications to test potable water treatment and distribution samples for total coliform, fecal coliform, Escherichia coli, and or heterotrophic plate count; plus an amount for each testing category applied for as follows: a. Total Coliform in Source Water: $45. b. One or more certifications to test for Fecal Coliform in Source Water, and or Wastewater: $43. c. One or more certifications to test for Escherichia coli in Source water, Ambient water, and or Wastewater: $45. d. One or more certifications to test for Enterococci in Source Water, Ambient Water, and or Wastewater: $43. Single fee includes later added certification using the same or similar method, and no modification fee is required. e. When an out-of-state inspection of a laboratory is necessary, applicants shall be charged for on-site inspection where costs are reasonably expected to exceed $100 including necessary costs of travel, meals, and lodging, at the rate established for state employees, as determined by the Department. The Department shall promptly notify the applicant of all such costs and may require payment prior to inspection. (b) (LES02EA) Permits for laboratory certification.

  1. Category: initial certification for chemical laboratory.
  2. Description: initial certification of laboratory for chemical analyses pursuant to 310 CMR 42.00: Certification and Operation of Environmental Analysis Laboratories.
  3. Schedule for timely action for applications filed after March 24, 2017, a. Within 36 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete the technical review required prior to on-site inspection. c. The permit applicant may remedy identified deficiencies during technical review within 60 days of the Department's statement identifying deficiencies, if any, and the Department shall complete review of supplemental material within 48 days. d. Within 80 days of completing a technical review, the Department shall complete on-site inspection and post-inspection review. e. The permit applicant may remedy deficiencies identified during inspection review within 90 days of the Department's statement identifying deficiencies, if any. f. Within 80 days of receipt of supplemental materials from the applicant in response to the Department's statement identifying deficiencies during the inspection review period, the Department shall complete the supplemental technical review.
  4. Permit application fee: $1,055 plus an amount for each certification category as follows: a. Single Fee for one or both of potable water or non-potable water chemistry certifications for a single analyte category listed in group a. Single fee includes later added potable or nonpotable component using the same or similar method. Later addition of a component will not require a modification fee. Alkalinity, Total$40 Calcium$65 Chloride$35

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued Chlorine, Residual$35 Cyanide$90 Fluoride$65 Metals: one or more of aluminum, antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, selenium, silver, strontium, thallium, titanium, vanadium, zinc. Single fee includes later added certification using the same or similar method and no modification fee.$230 Nitrate-N$65 Perchlorate$95 pH$18 Sodium$65 Sulfate$55 Total Dissolved Solids$40 Volatile Organic Compounds, including vinyl chloride$140 b. Chemistry Certification for Potable Water Only Adipate/Phthalates$90 Asbestos$90 Benzo-a-pyrene$110 Bromate$60 Carbamates: aldicarb, aldicarb sulfone, aldicarb sulfoxide, carbofuran, Vydate. Single fee includes later added certifications using the same or similar method and no modification fee.$90 Chlorite$60 1,4-Dioxane$110 Diquat$70 EDB (1,2-Dibromoethane) and DBCP (1,2-Dibromo-3-chloropropane) $70 Endothall$70 Glyphosate$60 Haloacetic Acids$100 Herbicides: 2,4-D; 2,4,5-TP; dalapon, dinoseb, pentachlorophenol, picloram. Single fee includes later added certifications using the same or similar method and no modification fee.$110 Nitrite-N$55 Polychlorinated biphenyls $110 Pesticides: alachlor, atrazine, chlordane, endrin, heptachlor, heptachlor epoxide, hexachlorobenzene, hexachlorocyclopentadiene, lindane, methoxychlor, simazine, and toxaphene. Single fee includes later added certifications using the same or similar method and no modification fee. $110 Per- and Polyfluoroalkly substances (PFAS)$100 Radiochemistry Gross alpha and gross beta$45 Strontium-89 and Strontium-90$70 Radium-226 and Radium-228$60 Tritium$60 Uranium$60 Iodine-131$60 Cesium-134 and Cesium-137$60 Cobalt-60$70 Ruthenium-106$60 Trihalomethanes$70 Turbidity$35 c. Chemistry Certification for Non-Potable Water Only Ammonia-N$70 Biochemical Oxygen Demand$55 Chemical Oxygen Demand$35 Hardness, total$35 Kjeldahl-N$70

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued Magnesium$55 Oil and Grease$55 Orthophosphate$70 Polychlorinated biphenyls (water) $110 Polychlorinated biphenyls (oil)$110 Pesticides: aldrin, alpha-BHC, beta-BHC, delta-BHC, gamma-BHC, chlordane, 4,4’-DDD, 4,4’-DDE, 4,4’-DDT, dieldrin, endosulfan I, endosulfan II, endosulfan sulfate, endrin, endrin aldehyde, heptachlor, heptachlor epoxide, and toxaphene. Single fee includes later added certifications using the same or similar method, and no modification fee. $110 Phenols, total$55 Phosphorus, total$70 Potassium$55 Residue, Non-filterable $35 Semi-volatile Organic Compounds: Acid Extractables and Base/Neutral Extractables. Single fee includes later added certifications using the same or similar method, and no modification fee.$140 Specific Conductivity$35 Total Organic Carbon$35 d. When an out-of-state inspection of a laboratory is necessary, applicants shall be charged for on-site inspection where costs are reasonably expected to exceed $100 including necessary costs of travel, meals, and lodging, at the rate established for state employees, as determined by the Department. The Department shall promptly notify the applicant of all such costs and may require payment prior to inspection. (c) (LES03EA) Permits for laboratory certification.

  1. Category: modification of certification for chemical laboratory.
  2. Description: application to certify additional testing categories pursuant to 310 CMR 42.00: Certification and Operation of Environmental Analysis Laboratories.
  3. Schedule for timely action for applications filed and fees received after March 24, 2017, a. Within 36 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete the technical review required prior to on-site inspection. c. The permit applicant may remedy identified deficiencies during technical review within 60 days of the Department's statement identifying deficiencies and the Department shall complete review of supplemental material within 48 days. d. Within 80 days of completing a technical review, the Department shall complete on-site inspection and post-inspection review. e. The permit applicant may remedy deficiencies identified during the inspection review period within 90 days of the Department's statement identifying deficiencies, if any. f. Within 80 days of receipt of supplemental materials from the applicant in response to the Department's statement identifying deficiencies during the inspection review period, the Department shall complete the supplemental technical review.
  4. Certificate modification permit fee: a. The certificate modification permit fee shall include $385 plus an amount for each testing category included in the application in the amounts as set forth in 310 CMR 4.10(9)(b). b. When an out-of-state inspection of a laboratory is necessary, applicants shall be charged for on-site inspection where costs are reasonably expected to exceed $100 including necessary costs of travel, meals, and lodging, at the rate established for state employees, as determined by the Department. The Department shall promptly notify the applicant of all such costs and may require payment prior to inspection. (d) (LES04EA) Permits for laboratory certification.
  5. Category: modification of certification for microbiological laboratory.
  6. Description: application to certify additional testing categories pursuant to 310 CMR 42.05(1)(a): Microbiology and 310 CMR 42.05(2)(a): Microbiology.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued 3. Schedule for timely action for applications filed and fees received after March 24, 2017, a. Within 36 days of receipt of an application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete the technical review required prior to on-site inspection. c. The permit applicant may remedy identified deficiencies during technical review within 60 days of the Department's statement identifying deficiencies and the Department shall complete review of supplemental material within 60 days. d. Within 80 days of completing a technical review, the Department shall complete on-site inspection and post-inspection review. e. The permit applicant may remedy deficiencies identified during the inspection review period within 90 days of the Department's statement identifying deficiencies, if any. f. Within 80 days of receipt of supplemental materials from the applicant in response to the Department's statement identifying deficiencies during the inspection review period, the Department shall complete the supplemental technical review. 4. Permit application fee: a. $220 plus an amount for each testing category included in the application in the amounts as set forth in 310 CMR 4.10(9)(a). b. When an out-of-state inspection of a laboratory is necessary, applicants shall be charged for on-site inspection where costs are reasonably expected to exceed $100 including necessary costs of travel, meals, and lodging, at the rate established for state employees, as determined by the Department. The Department shall promptly notify the applicant of all such costs and may require payment prior to inspection. (10) Waste Site Cleanup (g) (WSC40) Permits for Waste Site Cleanup: Grants of Environmental Restriction.

  1. Category: grants of Environmental Restriction.
  2. Description: a Grant of Environmental Restriction implemented pursuant to 310 CMR 40.1070: Implementation and Use Limitations.
  3. Schedule for timely action: for sites for which permit applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of a permit application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified technical deficiencies within 30 days of the Department's statement identifying deficiencies, if any. d. Within 36 days from receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee, not to exceed $6,000:
    1. $1,290 per Grant of Environmental Restriction.
    2. The applicant(s) may apply for consolidated review of multiple applications
    related to a site meeting the following criteria: i. the application includes Grants of Environmental Restriction for six or more separate parcels which comprise, in whole or in part, a single site; and ii. each of the proposed Grants of Environmental Restriction references a single Activity and Use Limitation Opinion rendered in accordance with 310 CMR 40.1071(2)(g); and iii. the activities and uses to be prohibited and permitted by, and the obligations and conditions listed in, the proposed Grants of Environmental Restriction are identical for each of the parcels to which the proposed Grants of Environmental Restrictions would apply.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued c. For consolidated applications, the Department shall refund any portion of the permit application fees that exceed the Department's actual costs of Departmental review and approval. The Department's costs shall be calculated by applying the same method used to calculate Response Action Costs in 310 CMR 40.1220(1): Response Action Costs and the Indirect Rate set forth in 310 CMR 40.1221(2). In no event shall the fee for reviewing multiple applications for Grants of Environmental Restriction for a site be less than $1,290. (h) (WSC41) Permits for Waste Site Cleanup: Amendments of Environmental Restriction.

  1. Category: Amendments of Environmental Restrictions.
  2. Description: an Amendment of a Grant of Environmental Restriction implemented pursuant to 310 CMR 40.1070: Implementation of Activity and Use Limitations.
  3. Schedule for timely action: for sites for which permit applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of a permit application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified technical deficiencies within 30 days of the Department's statement identifying deficiencies, if any. d. Within 36 days from receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  4. Permit application fee, not to exceed $6000: $1,040. (i) (WSC42) Permits for Waste Site Cleanup: Releases of Environmental Restriction.
  5. Category: Releases of Environmental Restriction.
  6. Description: a Release of a Grant of Environmental Restriction implemented pursuant to 310 CMR 40.1070: Implementation of Activity and Use Limitations.
  7. Schedule for timely action: for sites for which permit applications are filed and fees received on or after March 24, 2017, a. Within 24 days of receipt of a permit application and payment of the permit application fee, the Department shall complete an administrative completeness review. b. Within 48 days of making a determination of administrative completeness, the Department shall complete a technical review. c. The permit applicant may remedy identified technical deficiencies within 30 days of the Department's statement identifying deficiencies, if any. d. Within 36 days from receipt of materials from the applicant in response to the Department's statement identifying deficiencies, the Department shall complete a supplemental technical review.
  8. Permit application fee, not to exceed $6000: $795. (j) (BWSC50) Permits for Waste Site Cleanup: Special Project Designation.
  9. Category: Special Project Designation.
  10. Description: project containing one or more properties, sites or portions of sites pursuant to 310 CMR 40.0060: Special Project Designation Permits.
  11. Schedule for timely action: for projects for which applications are filed and fees received on or after March 24, 2017, a. Within 36 days of receipt of a complete application and payment of the permit application fee, pursuant to 310 CMR 40.0070(2): Commencement of Schedule, the Special Project designation permit is presumptively approved unless the Department approves the permit with conditions, denies the permit, or issues a notice of extended review pursuant to 310 CMR 40.0070(3)(c), extending the permit review a second 36 days or the permit review schedule is extended by written agreement. b. Within 36 days of issuing a notice of extended review pursuant to 310 CMR 4.10(10)(j)3.a., the permit is presumptively approved unless the Department approves the permit with conditions, denies the permit, or the permit review schedule is extended by written agreement.
  12. Permit application fee: $920.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

4.10 continued

4.10: continued (11) Environmental Results Program (b) (ERP02) Permits for Dental Mercury Amalgam Recycling.

  1. Category: certification of Dental Mercury Amalgam Collection and Recycling.
  2. Description: certification of dental facilities and practices subject to collection and recycling dental mercury amalgam pursuant to 310 CMR 70.00: Environmental Results Program Certification and 73.00: Amalgam Wastewater and Recycling Regulations for Dental Facilities, but excluding dental facilities and practices filing one-time certifications pursuant to 310 CMR 73.03(1) to establish their exemption from the provisions of 310 CMR 70.00: Environmental Results Program Certification and 73.00: Amalgam Wastewater and Recycling Regulations for Dental Facilities or who hold five year certifications that will expire in a fiscal year following the fiscal year of the two year certification due date.
  3. Schedule for timely action: for projects for which application is filed and fee received on or after March 24, 2017; a. Within 48 days of receipt of an application and payment of the application fee, the Department shall complete an administrative and technical review; b. The permit applicant may remedy identified deficiencies within 90 days of the Department’s statement identifying deficiencies; if any c. Within 48 days of receipt of materials in response to the Department’s statement identifying deficiencies, the Department shall complete a final review.
  4. Permit application fee: $200. (d) (ERP04) Permits for Mercury-added Product Collection and Recycling Programs
  5. Category: certification of Mercury-added Product Collection and Recycling Programs.
  6. Description: certification of mercury-added product manufacturer product collection and recycling program subject to product collection and recycling requirements pursuant to 310 CMR 70.00: Environmental Results Program Certification and 75.04(9): Annual Compliance Certification.
  7. Schedule for timely action: for projects for which application is filed and fees received on or after March 24, 2017, a. Within 60 days of receipt of an application and payment of the application fee, the Department shall complete an administrative and technical review. b. The permit applicant may remedy identified deficiencies within 90 days of the Department’s statement identifying deficiencies, if any, c. Within 60 days of receipt of materials in response to the Department’s statement identifying deficiencies, the Department shall complete a final review.
  8. Permit application fee: $160. REGULATORY AUTHORITY 310 CMR 4.00: M.G.L. c. 21A, § 18 and c. 21E, § 3B.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION NON-TEXT PAGE

Setzen Sie Ihre Recherche in ChatGPT oder Claude fort

Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.