1. Instructions: BWP SW 05, 08, 15, 19, 26, 27, 28, 29 doc format of New or Expanded Facility Construction Instructions
pdf format of New or Expanded Facility Construction Form

  2. Form: BWP SW 05, 08, 15, 19, 26, 27, 28, 29 doc format of sw05-29.doc
pdf format of New or Expanded Facility Construction Form

  3. Transmittal Form & Number for Permit Application & Payment


Permit Fact Sheet 

  1. What is the purpose of these permits?

    These permits are intended to protect public health, safety and the environment by comprehensively regulating the design and construction of facilities for the storage, transfer, processing, treatment or disposal of solid waste. Solid waste management facilities must be designed and constructed to prevent pollution of land, air and water and to prevent nuisance conditions.

    These permits consist of engineering design approval for construction of a new or expanded Solid Waste Management Facility or a new phase of a solid waste landfill. Legislative authority for this permit is stated in MGL c. 21A, ss. 2 and 8, c. 111, s. 150A and Acts of 1987, c. 584. Regulatory authority is stated in 310 CMR 19.000.
  2. Who must apply?

    Any individual, business or organization that intends to construct a new or expanded solid waste management facility, as defined by 310 CMR 19.020, 19.030, 19.032 must apply for one of these permits. Please see the description below for the applicability of each permit.

    BWP SW 05
      1. Authorization to construct a transfer station or other handling facility which receives 50 tons per day or more of solid waste.
      2. Authorization to construct a composting facility which receives more than 10 tons per day of solid    waste.

 BWP SW 08

Authorization to construct in an existing permitted landfill area where construction requires additional approval in phases.

BWP SW 15

Permits for construction or operation of a new solid waste combustion facility or expansion of an existing facility.

 BWP SW 19

      1. Authorization to construct a transfer station or other handling facility which receives less than 50 tons per day of solid waste.
      2. Authorization to construct a composting facility which receives no more than 10 tons per day of solid waste.

 BWP SW 26

      1. Permit to construct a new landfill with equal to or greater than 250 acrefeet of disposal volume.
      2. Permit to expand a permitted landfill by equal to or greater than 250 acrefeet of disposal volume.

 BWP SW 27

      1. Permit to construct a new landfill with greater than 25 acrefeet but less than 250 acrefeet of disposal volume.
      2. Permit to expand a permitted landfill by greater than 25 acrefeet but less than 250 acrefeet of disposal volume.

 BWP SW 28

      1. Permit to construct a new landfill with up to 25 acre-feet of disposal volume.
      2. Permit to expand a permitted landfill by up to 25 acre-feet of disposal volume.

 BWP SW 29

Permit to construct a wood waste landfill or to expand wood waste capacity of a permitted landfill.
 

  1.  What other requirements should be considered when applying for these permits?
    1. What prerequisites should be considered before applying for this permit?

      Other permits include site assignment - BWP SW 01 (310 CMR 16.00).
    2. What concurrent applications are related to this permit?

      The following may be needed depending on location and design:
      • Title V (subsurface disposal).
      • Wetlands Order of Conditions (310 CMR 10.00).
      • Sewer Connection (314 CMR 7.00).
      • National Pollution Discharge Elimination System (NPDES) (314 CMR 5.00).

Please note:

    1. Permits to operate (BWP SW 06, BWP SW 10, BWP SW 20) must be approved before the facility can begin operation.
    2. These additional requirements are intended to serve as a guide to the applicant. It does not necessarily include all additional requirements.
    3. Permits of this type may require MEPA review. Please carefully examine 301 CMR 11.00, the MEPA Regulations, to determine if your project exceeds the MEPA review thresholds, or for more information contact the MEPA Unit of the Executive Office of Environmental Affairs (100 Cambridge Street, Boston, MA 02202; (617-727-5830). MassDEP cannot complete technical review of the permit application until the MEPA process has been concluded. Copies of MEPA filings (with reference to any applicable Transmittal numbers) should be sent to the appropriate program offices in Boston and the MEPA Coordinator in the appropriate Regional Office.
  1.  What is the application fee?

    See: Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule
  2. Where Do I Submit the Application?

    Submit the application with the MassDEP Transmittal Form to the Solid Waste Section at the MassDEP Regional Office that covers the municipality in which the facility is located.
    Find Your Region
  3. Where can I get a copy of the timelines?

    See: Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule
  4. What is the annual compliance fee?

    Current annual compliance fees can be found on the MassDEP Website at Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule
  5. How long are these permits in effect?

    These permits approve the construction of the facility (or phase of the facility) only. If construction of the facility or first phase thereof has not been completed or no solid waste has been processed or disposed at the facility within three years of the date of issuance, this permit shall expire. An extension may be requested in accordance with 19.041(4). Separate permits to operate (BWP SW 06, BWP SW 10, BWP SW 20) need to be obtained before the facility shall operate.

  6. How can I avoid the most common mistakes made in applying for these permits?
    1. Make sure that all applicable criteria for permit review have been identified and are comprehensively addressed in the submission, especially for facilities required to demonstrate integrated solid waste management and recycling criteria.
    2. Make sure documentation of valid site assignment and documentation of public notice are submitted.
    3. Make sure plans and reports address each and every component of the facility specific requirements.
    4. Make sure the application has a professional engineering stamp and certification by all parties responsible for the submission.
    5. Submit fee and one copy of the Transmittal Form & Number for Permit Application & Payment to: Department of Environmental Protection, P. O. Box 4062, Boston, MA 02211.           
  1. What are the regulations that apply to these permits?  Where can I get copies?

    These regulations include, but are not limited to:
    1. Site Assignment Regulations, 310 CMR 16.00.
    2. Solid Waste Landfill Regulations, 310 CMR 19.000.
    3. Timely Action Schedule and Fee Provisions, 310 CMR 4.00.

 These may be purchased online, in person, or by mail at the Massachusetts State Bookstore