310 CMR, § 30.803

Current through Register 1538, January 3, 2025
Section 30.803 - Requirements for all License Applications

All license applications shall include at least the following:

(1) The name, mailing address, and location of the site or activity.
(2) The operator's name, address, telephone number, ownership status and status as a public, private or other entity.
(3) The owner's name, address, telephone number, ownership status and status as a public, private, or other entity, if different from 310 CMR 30.803(2).
(4) A general description of the hazardous waste facility or activity, and a complete description of all proposed activities, including, but not limited to, processes, structures, and equipment.
(5) A listing and current status of all required permits or construction approvals for the proposed facility or activity.
(6) A detailed description of the applicant's qualifications and experience in managing and operating the proposed facility or activity.
(7) A statement of the applicant's financial condition, prepared by a certified public accountant, including profit and loss statements, balance sheets, and any other information which may be relevant for the three-year period prior to the date of application. For new business entities, the statement shall describe how the business is to be capitalized, the source(s) of loans and in what amount(s), and any other financial data deemed by the Department to be relevant. This provision does not apply to applications for transport licenses or to applications for facilities at the site of generation if the applicant is the generator of all the hazardous wastes which will be stored, treated, used, or disposed of at that facility.
(8) A description of training programs for all employees, including emergency procedures for preventing or containing spills or explosions of hazardous waste, emergency medical procedures, and basic knowledge of the wastes being handled. For transport license applications, this description shall demonstrate compliance with 310 CMR 30.409. For facility license applications, this description shall demonstrate compliance with 310 CMR 30.516.
(9) The names and addresses of all officers, directors, or partners of the person applying for a license, all of the applicant's key staff individuals, and all individuals and other persons holding, directly or indirectly, greater than 5% equity in, or more than 5% liability of, the applicant. This provision does not apply to applications for facilities at the site of generation if the applicant is the generator of all the hazardous waste which will be stored, treated, disposed of, or used at that facility.
(10) The names and addresses of all persons in the field of hazardous waste management, including transportation, doing business in the United States, in which the person applying for a license or in which any officer, director, or partner of said person, or in which any key staff individual of said person, holds an equity interest, directly or indirectly.
(11) A listing and explanation of all past and pending criminal convictions, criminal indictments, civil penalties, notices of violation, administrative orders, and license revocations and suspensions issued or obtained by any State or Federal authority citing a violation of any statute, regulation, or court order relating to hazardous waste management or transportation, and other related environmental or public health statutes or regulations, or any crime involving moral turpitude by the person applying for a license or by an officer, director, or partner, or any person named in 310 CMR 30.803(9) covering a five year period prior to the date of receipt of the application by the Department.
(12) A listing, by docket number and court, of all past and pending civil suits relating to the applicant's hazardous waste management or transportation operations or activities.
(13) The certification required by M.G.L. c. 62C; § 49A(a).
(14) The following statement, which shall be separately signed by the person or persons listed in 310 CMR 30.807:

While this application is pending, and while any license issued pursuant to this application remains in effect, [insert name of applicant] hereby authorizes personnel or authorized agents of the Department, or authorized EPA representatives, to, without a warrant,

(a) enter [insert name of applicant]'s premises at all reasonable times for the purpose of investigating, sampling, or inspecting any records, condition, equipment, practice, or property relating to activities subject to M.G.L. c. 21C or RCRA;
(b) enter [insert name of applicant]'s premises at any time for the purpose of protecting public health, safety, or welfare, or to prevent damage to the environment;
(c) at all reasonable times have access to and copy all of [insert name of applicant]'s records that are relevant to this application or any license issued pursuant to this application.

310 CMR, § 30.803