Section 3.10 - Application for a Permit(1)Duty to Apply and to Provide Information Requested by the Department in the Application. Any person required to obtain a permit pursuant to 314 CMR 3.03, 3.04 or 3.06 shall complete and submit the appropriate application form(s). As part of an application for an individual or general permit, the Department may require the applicant to provide information and analyses as the Department may reasonably require to determine whether such applicant meets the requirements of 314 CMR 3.00 and 4.00, including, but not limited to, pollutant loading and/or water quality analyses applicable to the discharge location or to area(s) potentially impacted by the discharge.(2)Who must Apply. Except as provided in 314 CMR 3.06, the owner of the treatment works or activity resulting in a discharge of pollutants shall apply for a permit.(3)Time to Apply.(a) Except as provided in 314 CMR 6.06, any person required to obtain a permit pursuant to 314 CMR 3.03 or 3.04, and who does not have a currently effective permit shall submit an application at least 180 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the Department. Persons proposing a new discharge are encouraged to submit their applications well in advance of the 180 day requirement to avoid delay.(b) Except as provided in 314 CMR 3.06, any person with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Department.(4)Completeness. The Department shall not issue a permit before receiving a complete application as required under 314 CMR 2.03(2).(5)Requests for Variances.(a)Variance Requests by Non-POTWs. A discharger which is not a POTW may request a variance from otherwise applicable effluent limitations under any of the following statutory or regulatory provisions within the times specified in 314 CMR 3.10(5): 1.Fundamentally Different Factors. A request for a variance based on the presence of "fundamentally different factors" from those on which the effluent limitations guidelines were based, shall be made by the close of the public comment period under 314 CMR 2.06. The request shall comply with the requirements of applicable regulations promulgated by EPA (see40 CFR 125, Subpart D).2.Thermal Discharges. A request for a variance under 33 U.S.C. 1251 § 316(a) for the thermal component of any discharge must be filed with a timely application for a permit under 314 CMR 3.10, except that if thermal effluent limitations are established under 33 U.S.C. § 402(a)(1) or are based on water quality standards the request for a variance may be filed by the close of the public comment period under 314 CMR 2.06. The request shall comply with the requirements of 314 CMR 3.12.3.Non-conventional Pollutants. A request for a variance under 33 U.S.C. 1251 § 301(g) from certain effluent limitation guidelines applicable to non-conventional pollutants shall be made no later than the close of the public comment period under 314 CMR 2.06. In addition, an initial request for the variance must have been filed with EPA within 270 days after promulgation of the applicable effluent limitation guideline. These requests shall comply with the requirements of applicable regulations promulgated by EPA [see40 CFR 122.21(1)(2).](b)Variance Requests by POTWs. A discharger which is a POTW may request a variance from otherwise applicable effluent limitations under the following statutory or regulatory provision as specified 314 CMR 3.10(5): 1.Discharges into Marine Waters. A request for a modification under 33 U.S.C. 1251 § 301(h) of requirements of 33 U.S.C. 1251 § 301(1)(B) for discharges into marine waters must be filed in compliance with applicable regulations promulgated by EPA (see40 CFR 125, Subpart H).2. Requests for a modification based on the existence of combined sewers under 314 CMR 3.11(12)(a)2. or the presence of an industrial discharge meeting the criteria of 314 CMR 3.11(12)(a)2. shall be filed by the close of the public comment period under 314 CMR 2.06.