Permit Fact Sheet
What is the purpose of these permits?
These permits are intended to protect public health, safety and the environment by comprehensively regulating the design, construction and operation of activities for the recycling, composting or conversion (RCC) of recyclable or organic materials. RCC operations must be designed, constructed and operated to prevent pollution of land, air and water and to prevent nuisance conditions.
These permits identify the requirements for approving the construction and operation of a new or modified RCC operation. 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 16.00.
Who must apply?
Any individual, business or organization that intends to construct a new, or modify an existing, RCC operation as defined in 310 CMR 16.05 must apply for one of these permits. Also, an operation that has an existing and valid Determination of Need (DON) issued in accordance with section 16.05(6) of regulations 310 CMR 16.00 in effect before November 23, 2012, must apply for an RCC permit if it intends to operate after the transition period identified in 16.01(12)(a). Please see the description below for the applicability of each permit.
Any request to construct or operate a new RCC operation. A new RCC operation is any recycling, composting or conversion activity subject to 16.05 that does not have a valid RCC permit issued in accordance with 310 CMR 16.05, except a BWP SW 47 permit application may be used to transition a valid Determination of Need (DON) issued prior to November 23, 2012, to an RCC permit.
a. Any request to modify an RCC operation with an existing RCC permit, unless MassDEP determines the modification is major (such as a significant redesign of the operation) and requires a BWP SW 46 application;
b. Any request to operate beyond the expiration date established in its RCC permit; or
c. Any request to convert a valid Determination of Need (DON) issued before November 23, 2012, to an RCC permit.
What other requirements should be considered when applying for these permits?
a. What prerequisites should be considered before applying for this permit?
As required by 16.05(2)(a), you must have a pre-application meeting with MassDEP before submitting a BWP SW 46 or 47 permit application. At that meeting, MassDEP will determine what information needs to be submitted in the application based on the specifics of the proposed RCC activity.
b. What concurrent applications may be related to this permit?
The following may be needed depending on RCC’s activity, location and design:
• Title V (subsurface wastewater 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).
• Air Quality (310 CMR 7.00)
Please note: (a) This list of additional requirements is intended to serve as a guide to the applicant. This list does not necessarily include all additional requirements. (b) At this time no MEPA threshold has been established for RCC activities although other MEPA thresholds may apply.
What is the application fee?
There is no fee associated with these applications at this time.
Where Do I Submit the Application?
Submit the completed application with the MassDEP Transmittal Form to the Solid Waste Section at the MassDEP Regional Office that covers the municipality in which the operation is located. Find Your Region
Also, send one copy of this application to the local Board of Health.
Where can I get a copy of the timelines?
There are no timelines associated with these applications at this time.
What is the annual compliance fee?
There is no annual compliance fee associated with these applications at this time.
How long are these permits in effect?
In accordance with 16.05(4)(t) MassDEP will establish an expiration date in the permit approval. Generally, a RCC permit will expire after (10) years.
How can I avoid the most common mistakes made in applying for these permits?
a. Hold a pre-application meeting with MassDEP (see 3.a. above) before the application is submitted.
b. Make sure plans and reports address each and every component of the operation’s specific requirements.
c. Make sure that all applicable criteria for permit review have been identified and are comprehensively addressed in the submission.
d. Make sure the application has a professional engineering stamp (where applicable) and certification by all parties responsible for the submission.
e. Please note that the permit application form (BWPSW46 or 47) serve as a “table of contents” for your submittal. Please identify the location (report/plan name and page number) where the specific required information can be found.
What are the regulations that apply to these permits? Where can I get copies?
These regulations include, but are not limited to the Site Assignment Regulations, 310 CMR 16.00. These may be purchased online, in person, or by Mail at the Massachusetts State Bookstore
An unofficial copy of these can be found at: 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities