Permit Fact Sheet
- What is the purpose of these authorizations?
These authorizations are intended to protect the public health, safety and the environment by ensuring that the construction of a solid waste management facility has been completed in accordance with the approved permit and subsequent operation will not result in pollution of land, air and water or nuisance conditions.
An authorization to operate is required prior to the start of facility operations, but after construction of all new or expanded facilities. If a new or existing facility is developed in phases, authorization is required prior to operating in any new phase of a facility. Renewals of authorization to operate pursuant to 19.042(4) are also subject to the permit approval requirements listed here. Also, some facility modification permits issued pursuant to BWP SW 07, BWP SW 11, BWP SW 21, or BWP SW 22 may also require this authorization to operate prior the start of facility operations, as identified in conditions of the permit modification.
Legislative authority for this permit is stated in MGL c. 21A, ss. 2 and 8, c. 111, s. 150A and the Acts of 1987, c. 584. Regulations promulgated pursuant to these laws are codified in 310 CMR 19.000, Solid Waste Management Facility Regulations. Section 19.042 of these regulations applies to this permit approval.
- Who must apply?
Any individual, business, or organization that intends to operate a solid waste facility must apply for this authorization in accordance with 310 CMR 19.042. If a new, modified or existing facility is developed in phases, this authorization is required to operate in any new or modified phase of a facility, in accordance with those same regulations.
- A handling facility is defined as a transfer station, storage facility or other facility used primarily for the storage, processing or treatment of solid waste. This category also covers recycling facilities and composting facilities which are required to obtain a site assignment
- pursuant to 310 CMR 16.05.
- A large handling facility is a transfer station or other handling facility which receives 50 tons per day or more or a composting facility which receives more than 10 tons per day of solid waste.
- A small handling facility is a transfer station or other handling facility which receives less than 50 tons per day or a composting facility which receives no more than 10 tons per day of solid waste.
- A landfill is a facility or part of a facility established in accordance with a valid site assignment for disposal of solid waste into or on land.
- What other requirements should be considered when applying for this permit?
You must obtain permits to construct or modify the appropriate solid waste facility before applying for this authorization. These are issued by MassDEP's Solid Waste Management. Permit application kits are available from the MassDEP Information Service. Other requirements may be found in 310 CMR 19.042(3)&(4) and in the enclosed Application Completeness Checklist.
You must submit documentation that any and all required local, state and federal permits have been issued.
Concurrent permits may include, but are not limited to:
- Wetlands Order of Conditions (310 CMR 10.00), issued by the conservation commission in the city or town where the facility is located.
- Sewer Connection (314 CMR 7.00), issued by Water Pollution Control or Industrial Wastewater.
- National Pollution Discharge Elimination System (NPDES) (314 CMR 5.00), issued by Water Pollution Control or Industrial Wastewater.
Note: These additional requirements are intended to serve as a guide to the applicant. It does not necessarily include all additional requirements.
What is the application fee?
See: Permit Application Timelines and Fees Schedule
- What is the Primary Permit Location? What is the Reserve Copy Location?
Primary Permit Location:
Department of Environmental Protection
Solid Waste Management
Find Your Region
Reserve Copy Location:
- Where can I get a copy of the timelines?
See: Permit Application Timelines and Fees Schedule
- What is the annual compliance fee?
Current annual compliance fees can be found on the MassDEP Website at www.mass.gov/dep/files/permits/fees.htm
- How long is this authorization in effect?
This authorization to operate will be valid for the time period which is specified as a condition of approval of the authorization. Generally, authorizations to operate are valid for 5 years or the life of an individual phase of the facility, whichever comes first.
- How can I avoid the most common mistakes made in applying for these authorizations?
- Make sure that all conditions of the Permit to Construct have been complied with and documented.
- Provide documentation that all other permits, local, state and federal, have been issued and/or complied with as applicable.
- Submit construction certification and as-built plans, both signed and stamped by a registered professional engineer.
- Provide documentation that appropriate financial assurance has been secured in accordance with 310 CMR 19.051.
- Submit fee and one copy of the MassDEP Transmittal Form to: Department of Environmental Protection, P.O. Box 4062, Boston, MA 02211.
- What are the regulations that apply to these authorizations? Where can I get copies?
These regulations include, but are not limited to:
- Solid Waste Management Regulations, 310 CMR 19.000.
- 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
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