314 C.M.R. 8.04 – Additional Standards and Requirements for RCRA Facilities

(1) No person shall operate a RCRA facility, as defined in 314 CMR 8.00, except in accordance with the applicable standards of 314 CMR 8.04 and the terms and conditions of a permit issued under 314 CMR 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge Permit Program.
(2) Except for wastewater treatment units permitted under 314 CMR 3.00: Surface Water Discharge Permit Program and existing RCRA facilities operating under the interim status provisions of RCRA, no person shall construct, operate, or maintain a RCRA facility unless the construction, operation and maintenance of said RCRA facility is specifically authorized in a permit issued under 314 CMR 3.00: Surface Water Discharge Permit Program and 5.00: Groundwater Discharge Permit Program.
(3) No person operating an existing RCRA facility, other than a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program, shall continue such operation after the conclusion of a permit proceeding under 314 CMR 8.07 and 2.00: Permit Procedures unless authorized to do so by a permit resulting from that proceeding.
(4) From October 15, 1983, until the applicable date specified in 314 CMR 8.04(6), any person who owns or operates an existing RCRA facility other than a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall comply with the interim status standards of 314 CMR 8.08.
(5) Any person who owns or operates a RCRA facility that is a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall comply with the standards of 314 CMR 8.05.
(6) Any person who owns or operates an existing RCRA facility other than a wastewater treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall:
1. (a) comply with the application requirements of 314 CMR 8.07; and
2. (b) comply with the standards of 314 CMR 8.06 beginning on the date specified in a discharge permit issued under 314 CMR 2.00: Permit Procedures and 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge Permit Program.
(7) The requirements of 314 CMR 8.04 are in addition to any requirements established pursuant to 314 CMR 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge Permit Program.
(8) The failure of a permittee or permit applicant to comply with the requirements of 314 CMR 8.04 constitutes grounds for revocation or denial of a wastewater discharge permit pursuant to 314 CMR 2.10: Modification, Suspension, Revocation and Renewal of Permits and General Permit Coverage.