1. Instructions: BWP SW 36, 37 doc format of    Landfill Post-Closure Instructions  pdf format of Landfill Post-Closure Instructions

  2. Form: BWP SW 36, 37 doc format of    Landfill Post-Closure Form  pdf format of Landfill Post-Closure Permit Form

  3. Transmittal Form & Number for Permit Application & Payment


Permit Fact Sheet 

  1. What is the purpose of these permits? 

    Post-closure permits are intended to protect the public health, safety and the environment by regulating all proposed activities at closed solid waste management facility sites to ensure that such uses are consistent with that facility's closure plan and site specifics.
    legislative authority for this permit is stated in MGL C. 21A, ss. 2 and 8, and C. 111, s. 150A. Regulations promulgated pursuant to these laws are codified in 310 CMR 19.000, the "Solid Waste Management Facilities Regulations."
  2. Who must apply? 

    Any individual, business or organization that intends to use a solid waste management facility site after closure and capping of the facility for any purpose, other than that established in a prior permit or plan approval, must receive prior written approval of the Department. If the use of the facility after it has been closed is not for a solid waste regulated activity then the applicant must apply for a post-closure use permit in accordance with 310 CMR 19.016 and, when the post closure use is at a landfill, 310 CMR 19.143.

    If the use of the facility after it has been closed is for a solid waste regulated activity then the applicant must apply for a permit modification to the existing closure permit or apply for a new facility permit.

    BWP SW 36 Post-closure use: major category.

    Approval for post-closure use at landfills that includes: 

    a. construction of a structure: or
    b. an activity that involves either significant changes or potentially adverse impacts to the final cover system. Examples include any activity that results in penetration of the impermeable layer of the final cover or involves operating equipment or vehicles on the final cover which could impact the cover system. 

    BWP SW 37 Post-closure use: minor category. 

    Approval for post-closure use at landfills that includes: 

    a. primarily passive or recreational uses with minimal changes to or potential invasive impacts to the final cover system. For example adding additional soil material to accommodate a different type of vegetative cover.

    b. changes (except constructing structures) within the site assigned area but not on the final cover system of the landfill proper are minor post-closure uses.

    Approval at other solid waste facilities at other solid waste management facilities:

    a. any change in use of the site not previously approved by MassDEP in the closure permit or other approval.
  3. What other requirements should be considered when applying for these permits?

    Generally, a facility must have been closed in accordance with an approved closure plan before an application for a post-closure use permit is applicable (also see below).

    A post-closure use permit is only needed to approve new uses at a closed facility that have not been previously approved by another permit or plan approval. Please note that post-closure use approvals can be incorporated into the closure plan approval for the facility. When post-closure use is part of a closure plan a separate post-closure use permit is not required.

    Note: Permits of this type will often 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 should be sent to the appropriate program offices in Boston and the MEPA Coordinator in the appropriate Regional Office. Find your region: Find Your Region

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

    See: Permit Application Timelines and Fees Schedule pdf format of    Permit Application Timelines and Fees Schedule
  5. 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: Find Your Region

    Reserve Copy Location:
    Not required.
  6. 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

    There is no public comment review period for this permit.
  7. What is the annual compliance fee?

    The only compliance fee that would be associated with a post-closure use permit would be at a closed inactive landfill with post-closure monitoring.

    See: Permit Application Timelines and Fees Schedule pdf format of    Permit Application Timelines and Fees Schedule
  8. How long are these permits in effect?

    Generally, post-closure use permits are in effect indefinitely as long as the approved activities at the site remain the same.
  9. How can I avoid the most common mistakes made in applying for these permits?

    a. The applicant should carefully review the post-closure use application to ensure that the proposed use does not compromise the function of the existing closure.
    b.   Submit fee and one copy of the MassDEP Transmittal Form & Number for Permit Application & Payment to: Department of Environmental Protection, P. O. Box 4062, Boston, MA 02211
  10. What are the regulations that apply to these permits? Where can I get copies?

    These regulations include but are not limited to:

    a. Solid Waste Management Facility Regulations, 310 CMR 19.000
    b. 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