Current through 2024-51, December 18, 2024
Section 096-419-10 - Permit by Rule Transfer of Site LicenseA. Applicability. The permit-by-rule licensing provisions of this section shall apply to the transfer of utilization site licenses that meet all of the standards of this section. Failure to meet any of these standards will require formal application to the Department for a utilization site license transfer under section 2(E) of this chapter. Sites transferred under this section are subject to the applicable operating standards in section 4 of this chapter, the operational standards contained in the site license(s), and the receiving generator's program license. No variances to the requirements of this section may be granted.B. Standards(1) Both generators generate the same kind of residual, such as sewage sludge treated to a class B pathogen reduction standard;(2) Both generators agree to the transfer;(3) The receiving generator must be in substantial compliance with its program license;(4) Both program licenses must require the same siting standards;(5) The entire site is being transferred; and(6) All residuals from the current license holder must have been properly utilized or removed from the site prior to filing the transfer notification.C.Notification Requirements. At least 15 working days prior to transferring the license, the generator who is obtaining the site shall submit to the Department a permit-by-rule notification on a form developed by the Department. This notification must include: (1) The generators' name, address, telephone number and contact person;(2) The appropriate application fee;(3) Both generators' program license numbers;(4) Public Notice. Proof that public notice of the application has been provided as required in section 2(F) of this chapter.(5) The site license number;(6)Title, Right or Interest. Information demonstrating that the generator has sufficient title, right or interest in a property proposed for utilization by providing one of the following: (a) Submissions enumerated in 06-096 CMR ch. 2, section 11(D); or(b) A copy of an agreement between a landowner and a residual generator certifying that the owners own the land and allowing utilization and if applicable storage of the residual on the landowner's property. The agreement must also include the signature, name and address of the generator and all property owners, and site location;(7)Fee. The appropriate application fee; and(8)Certification. A statement signed by the applicant stating that all the standards in this section have been met, and all applicable requirements of these rules and the transferred license will be met.06- 096 C.M.R. ch. 419, § 10