Determination of Necessity of Permits. Group Executive Directors (“Executive Directors”) in consultation with the Chief of Compliance and the Office of Attorney General (“OAG”), will determine whether a federal, state and /or local environmental permit is required for any existing or planned facility.  The Executive Directors shall advise the Chief of Compliance and the OAG of each such determination including, when applicable, the identification of each required permit.

 Permit Application.  Group Executive Directors shall prepare and furnish all required permit application forms to the Chief of Compliance and OAG for review and approval prior to submission to the appropriate governmental permitting authority.  The Chief shall assure that the Agency  maintains records of all applications.

 Permit Policy.  The Chief of Compliance shall maintain at all times a current inventory of all existing permits and shall monitor the need for initiating the timely renewal of all permits.  The Group Executive Directors shall prepare all required permit renewal forms and furnish them to the Chief of Compliance and OAG  for review and approval prior to their timely submission to the appropriate governmental permitting authority. The Chief shall assure that the Agency maintains records of renewed permits.

 Permit compliance. Under the guidance of the Group Executive Directors, each facility (or type of facility) shall establish procedures for the appropriate review of any draft or final permit issued to the facility by a government permitting authority.  All drafts of final permits shall be reviewed by the Chief of Compliance and the OAG before MES provides comments to the permitting authority on the draft permit.

For a draft permit, the Group Executive Directors shall prepare any necessary comments for timely submission to the permitting authority.  All such comments shall be approved by the Chief of Compliance and  OAG prior to submission.

For a final permit, the Group Executive Directors shall review permit terms and conditions and determine what action, if any, must be taken to ensure compliance, including the need for an appeal challenging any of the permit terms or conditions, the need for regular or periodic monitoring of the permitted discharge, record-keeping requirements, and/or reporting requirements. Upon approval of the OAG, action determined to be necessary to ensure compliance with the permit  terms and conditions shall be implemented.  The Chief of Compliance and the Group Executive Directors shall monitor each facility’s continuing compliance with the permit’s terms and conditions as long as the permit remains in force and effect.

All persons involved in the compilation or analysis of data utilized in the preparation of a permit application, renewal or modification shall certify in writing that, to the best of their knowledge, information and belief, the data is accurate and complete.

Permit Monitoring. The Group Executive Directors shall supervise and ensure the performance of all monitoring required by existing permits.  All monitoring results shall be reported to the appropriate Group Executive Director for review.  The appropriate Group Executive Director shall submit the monitoring results to the appropriate government permitting authority on a timely basis if required by permit or law.  When any monitoring results indicate possible noncompliance, the appropriate Group Executive Director shall prepare a written report describing the nature of the possible noncompliance, the cause(s), if known, and any corrective action to be taken. The report shall be submitted to the OAG and Chief of Compliance.  The Chief of Compliance shall then prepare a written report certifying that the action has been taken.

Permit modifications. Each facility supervisor/manager shall notify the appropriate Group Executive Director of any changes or modifications in facility operations which affect or may affect compliance with a permit, or normal operation of the facility.  The Group Executive Director, in cooperation with the Chief of Compliance,  shall determine whether the change or modification in facility operations affects the facility’s continuing compliance with existing permits, and shall be responsible for initiating any appropriate action necessary to ensure continuing compliance with existing permits.