Section 096-373-3 - Technical AbilityA.Standards. The developer shall have the technical ability to design, construct, operate, and maintain the proposed development in a manner consistent with the permit and state environmental standards. (1)Capability. Project personnel must be capable of properly designing, installing, operating and maintaining the proposed project in accordance with state environmental standards.(2)Adaptation. If the applicant's technical personnel have never before designed, constructed, and operated a development like the one proposed, competent engineering and field operational personnel must be available who can adapt their training and experience to accomplish the required tasks.(3)Prior conduct. The Department may consider evidence regarding the developer's prior conduct as a measure of willingness and ability to meet all terms and conditions of approval established by the Department.B.Submissions. The application for approval of a proposed development must include evidence that affirmatively demonstrates that the developer has the technical ability to design, construct, operate and maintain the proposed development, including but not limited to the following information. (1)Experience and training. A statement of the developer's prior experience or appropriate training, or both, relating to the nature of the proposed development.(2)Personnel. A description of the types of personnel who will be used to design, construct, operate, and maintain the proposed development, including but not limited to resumes, or similar documents describing experience with similar projects.C.Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the developer has the technical ability to design, construct, operate and maintain the development in a manner consistent with the permit and state environmental standards, such as the following. (1)Professional assistance. The permittee shall employ a capable professional engineer or other professional knowledgeable and experienced in the disciplines necessary to ensure that state environmental standards are met.(2)Training program. The permittee shall implement a training program for the appropriate personnel to acquaint them with the operation and maintenance of pollution control equipment, and with state environmental control standards.(3)Third-party inspector (3PI). The permittee shall retain the services of a third-party inspector in accordance with the Department's third party inspection program, if required by the Department.06- 096 C.M.R. ch. 373, § 3