Section 096-450-7 - Terms and Conditions of ApprovalA.Authority. The Administering Agency may approve the proposed project upon such terms and conditions as are appropriate and reasonable to protect and preserve the environment and the public's health, safety and general welfare, including the public interest in replacing fossil fuel-derived energy with hydroelectric energy. These terms and conditions may include, but are not limited to: (1) establishment of a water level range for the body of water impounded by a hydropower project;(2) establishment of instantaneous minimum flows for the body of water affected by a hydropower project; and(3) provisions for the construction and maintenance of fish passage facilities. In those cases where the proposed project involves maintenance, reconstruction or structural alteration at an existing hydropower project and where the proposed project will not alter historic water levels or flows after its completion, the Administering Agency may impose temporary terms and conditions of approval relating to paragraph A or paragraph B of this subsection but shall not impose permanent terms and conditions that alter historic water levels or flows.
B.Nature of Terms and Conditions. Such case-specific terms and conditions placed by the Administering Agency on its approval of a proposed project will specify particular means of satisfying minor or easily corrected problems, or both, relating to compliance with the Act and shall not substitute for or reduce the burden of proof of the applicant to demonstrate to the Administering Agency that each of the standards of the Act has been met.C.Standard Conditions of Approval. Unless otherwise specifically stated in the approval, all Administering Agency, Commissioner, and Director approvals are subject to the following standard conditions: (1)Limits of Approval. Project approval is limited to and includes the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. All variances from the plans and proposals contained in said documents are subject to the review and approval of the Administering Agency prior to implementation.(2)Noncompliance. Should the project be found, at any time, not to be in compliance with any of the conditions of approval, or should the permittee construct or operate the project in any way other than as specified in the application or supporting documents, as modified by the conditions of approval, then the terms of approval will be considered to have been violated.(3)Compliance with all Applicable Laws. The permittee shall secure and appropriately comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation of the permitted project.(4)Inspection and Compliance. Authorized representatives of the Administering Agency or the Attorney General must be granted access to the premises of the permittee at any reasonable time for the purpose of inspecting the construction or operation of the project and assuring compliance by the permittee with the conditions of approval.(5)Initiation and Completion of Construction. If construction is not commenced within 3 years and completed within 7 years from the date of issuance of the Authorizing Agency's permit, the approval will lapse, unless a request for an extension of these deadlines has been approved by the Administering Agency.(6)Construction Schedule. Prior to the start of construction, the permittee shall submit a final construction schedule for the project to the Administering Agency.(7)Approval Included in Contract Bids. A copy of the project's approval must be included in or attached to contract bid specifications for the project.(8)Approval Provided to Contractor. Work done by a contractor pursuant to the project's approval may not begin before a copy of the approval has been provided to the contractor by the permittee.(9)Notification of Project Operation. The permittee shall notify the Commissioner or Director of the commencement of commercial operation of the project within 10 days prior to such commencement.(10)Assignment or Transfer of Approval. Written consent to transfer an approval must be applied for no later than two weeks after the assignment or transfer of ownership of property covered by an approval under these Rules. Pending Administering Agency determination on the application for a transfer or assignment of ownership of an existing approval, the person(s) to whom such property is assigned or transferred shall abide by all of the terms and conditions of that approval and is jointly and severally liable with the original permitee for any violation of the terms and conditions thereof. To obtain the Administering Agency's approval of transfer, the proposed assignee or transferee must demonstrate the financial capability and technical ability to (1) comply with all terms and conditions of the approval and (2) satisfy all other applicable statutory criteria. As used in this paragraph, "transfer of ownership" means a change in the legal entity that owns a project that is the subject of a permit issued pursuant to this chapter. A sale or exchange of stock (or in the case of a limited liability corporation, of membership interests), or a merger, is not a transfer of ownership for the purposes of this rule provided the legal entity that owns the project remains the same.06- 096 C.M.R. ch. 450, § 7