1. Instructions: BWP SW 07, 11, 16, 21, 22, 45 doc format of Facility Modification Instructions pdf format of Facility Modifications Instructions

  2. Form: BWP SW 07, 11, 16, 21, 22, 45 doc format of BWP SW 07, 11, 16, 21, 22, 45 - Facility Modifications pdf format of BWP SW 07, 11, 16, 21, 22, 45 - Facility Modifications

  3. Transmittal Form & Number for Permit Application & Payment


Permit Fact Sheet 

  1. What is the purpose of these permits?

    This permit is intended to protect public health, safety and the environment by comprehensively regulating modifications to the design and construction of facilities for the storage, 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 are issued for approvals of modifications to previously approved (permitted) solid waste management facilities. These approvals include, but are not limited to, modifications of design plans, construction, facility operation, maintenance and corrective actions.

    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.  Authority for the Class II Recycling Program may be found at M.G.L. 25A Section 11F(d).  Regulations promulgated pursuant to these laws are codified in 310 CMR 19.000, Solid Waste Management Regulations. Section 19.039 of these regulations is pertinent to this permit approval.

  2. Who must apply?

    Any individual, business or organization intending to modify a previously approved (permitted) solid waste  management facility – except for a transfer station that does accept construction and demolition (C&D) waste and is subject to certification under 310 CMR 19.029(4) – must apply for this permit modification in accordance with 310 CMR 19.029(2) or (3)

    BWP SW 07

    Permit modifications to:

    a. Transfer stations that are C&D transfer stations; or
    b. Other handling facilities that are not transfer stations but receive 50 tons per day or more.

  1. BWP SW 21

    Permit modifications to handling facilities that are not transfer stations and receive less than 50 tons per day.

    BWP SW 11

    Major permit modifications to landfills. A major modification is defined as a design change that will result in the construction of an appurtenance or structure.

    BWP SW 22

    Minor permit modifications to landfills. A minor modification is defined as a change in operations, equipment or daily capacity but not construction of an appurtenance or structure.

    BWP SW 16

    Permit modifications to combustion facilities.

    BWP SW 45

    Permit modifications submitted in accordance with 310 CMR 19.034: Presumptive Approval Procedure.

  1. What other requirements should be considered when applying for this permit?
    1. What prerequisites should be considered before applying for this permit?
      A valid facility permit issued in accordance with 310 CMR 19.000 is a prerequisite applicable to all facilities seeking a permit modification.

      Note: 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.
    2. What concurrent applications are related to this permit?

      The following may be needed depending on the type of modification requested:
      • 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)

 Authorizations to operate (BWP SW 06, BWP SW 10, BWP SW 20) may be required before the facility can begin operations depending on the type of modification requested.

Note: These additional requirements are intended to serve as a guide to the applicant. It does not necessarily include all additional requirements.
 

  1. What is the application fee?

    See: Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule


  2. What is the Primary Permit Location? What is the Reserve Copy Location?

    Primary Permit Location:
    Department of Environmental Protection
    _________*Regional Office
    Solid Waste Management

    Find Your Region

    Reserve Cop Location
    Not required.

  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 www.mass.gov/dep/files/permits/fees.htm

  5. How long are these permits in effect?

    The permit modification may state, as a condition of approval, how long the permit modification is in effect. Otherwise, the timelines established by the facility permit or authorization to operate govern how long the permit modification is valid.

  6. How can I avoid the most common mistakes made in applying for these permits?
    1. The applicant should contact MassDEP prior to submitting a permit modification so MassDEP can determine what plan components set forth in 310 CMR 19.030(3)(c) are necessary to evaluate the feasibility and potential impact of the proposed modifications on the public health, safety or the environment.
    2. Carefully review the criteria for review of applications for a permit modification (19.038) to ensure that all applicable criteria have been identified and are comprehensively addressed in the submission.
    3. Submit fee and one copy of the MassDEP Transmittal Form http://mass.gov/dep/service/online/trasmfrm.shtml  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. Solid Waste Management Regulations, 310 CMR 19.000.
    2. 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