Section 30.841 - Compliance Schedules in LicensesWhen the Department is persuaded that such action is appropriate to protect public health, safety, and welfare and the environment and that such action is not inconsistent with M.G.L. c. 21C and 310 CMR 30.000, the Department may specify in a license a schedule for the licensee to come into compliance with M.G.L. c. 21C and 310 CMR 30.000. Each compliance schedule shall be in accordance with the following requirements:
(1) Compliance shall be required as soon as possible.(2) Except as provided in 310 CMR 30.841(3), if the compliance schedule exceeds one year from the date of issuance of the license, the schedule shall include interim requirements and interim dates for their achievement. In no event shall the time between any two interim dates exceed one year. If the time for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the license shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date. Within 14 days after each interim date and the final date of compliance, the licensee shall notify the Department in writing of its compliance or noncompliance with the interim or final requirements, as the case may be.(3) The compliance schedule may provide for cessation of activities authorized by the license. (a) If the Department decides that activities authorized by the license shall cease on or before the expiration date of the license, the license shall be issued or modified as appropriate to include a compliance schedule leading to timely cessation of such activities. If a license was issued with a compliance schedule, the licensee shall cease such activities before noncompliance with any interim or final requirement specified in such compliance schedule.(b) If the Department decides to allow the licensee to choose between ceasing activities authorized by the license and engaging in such activities in compliance with a compliance schedule, the license shall be issued or modified as appropriate to include two schedules as follows: 1. Both schedules shall contain an identical interim deadline requiring the licensee to make a final decision on whether to cease conducting activities authorized by the license. The license shall require the licensee to make this decision by a date established by the Department, which date shall be no later than that necessary to ensure sufficient time for the licensee to comply with applicable requirements in a timely manner if the licensee's decision is to continue engaging in activities authorized by the license.2. One schedule shall lead to engaging in activities authorized by the license in timely compliance with applicable requirements. If the licensee makes a final decision to continue engaging in such activities, the licensee shall follow this schedule.3. The second schedule shall lead to cessation of activities authorized by the license by a date which shall ensure timely compliance with applicable requirements. If the licensee makes a final decision to cease engaging in such activities, the licensee shall follow this schedule.(c) If the licensee decides to cease engaging in activities authorized by the license, the licensee shall make that decision in a form satisfactory to the Department, such as resolution of the board of directors if the licensee is a corporation.Amended by Mass Register Issue 1522, eff. 5/24/2024.