reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.705 - Other Location Considerations

Current through Register 1525, July 5, 2024
(1) In making each
				licensing decision pursuant to
				310 CMR
				30.800, the Department shall evaluate the
				following factors with regard to the location of each new facility:
(a) The transportation risk(s) associated
				with waste(s) arriving at, or leaving, the facility;
(b) The adequacy of buffer zones between the
				active portion(s) of the facility and areas of public access;
(c) The population density in the vicinity of
				the facility site;
(d) The
				proximity of the facility to sensitive receptors (
e.g.
,
				schools, hospitals, nursing homes, day care centers); and
(e) Where applicable, the proposed method(s)
				of evacuation of threatened populations within a reasonable time after an
				accident.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.706 - Disposal into Waterbodies

Current through Register 1525, July 5, 2024
The disposal of hazardous waste into the ocean, or into any
				  lake or pond, whether naturally occurring or man-made, or into any river,
				  stream, spring, or estuary, or into any land under the ocean or under any lake
				  or pond, whether naturally occurring or man-made, or under any river, stream,
				  spring, or estuary, is prohibited.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.707 - Disposal into Salt Domes, Salt Bed Formations, Underground Mines, and Caves

Current through Register 1525, July 5, 2024
No person shall place any hazardous waste, or any container
				  or tank holding hazardous waste, in any salt dome, salt bed formation,
				  underground mine, or cave.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.708 - Areas of Critical Environmental Concern

Current through Register 1525, July 5, 2024
Notwithstanding any other provision of 310 CMR 30.000, no
				  facility shall be located where such location or any portion thereof:
(1) Would be within an Area of Critical
				Environmental Concern (ACEC), as designated by the Secretary of the Executive
				Office of Energy and Environmental Affairs; or
(2) Would fail to protect the outstanding
				resources of an ACEC as identified in the Secretary's designation if the
				facility is to be located outside, but adjacent to or in close proximity to, an
				ACEC.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.750 - Land Disposal Restrictions

Current through Register 1525, July 5, 2024
(1)310 CMR 30.750
				identifies those wastes which shall not be land disposed and describes the
				limited circumstances under which an otherwise prohibited waste may continue to
				be land disposed.
(a) The requirements for
				hazardous wastes that are prohibited or restricted from land disposal are
				contained in the following provisions which are hereby incorporated by
				reference:
				40 CFR
				268.1 through
				268.4;
				268.7, 268.9(b) through (d); 268.14, 268.20, 268.30 through 268.50 (except for
				268.42(b) and 268.44(a) through (g)); and Appendices III, IV, VI, and XI,
				subject to the exceptions, modifications and additions set forth in 310 CMR
				30.750(2) and (3).
(b) The
				requirements regarding the use of hazardous waste numbers for hazardous wastes
				that are prohibited or restricted from land disposal are contained in
				310 CMR
				30.103 and
				30.302
				rather than incorporating by reference
				40 CFR
				268.9(a).
(c) The following requirements are not
				incorporated by reference but instead will continue to be administered and
				enforced by EPA:
1.
											40 CFR
				268.5,
				268.6,
				268.42(b)
				and
				268.44(a)
				through (g);
2. "effective dates" referenced within
				40
				CFR 268.20 through
				268.50
				to the extent that they are earlier than the effective dates of these state
				regulations under
				310 CMR 30.004;
				and
3. Appendices VII and
				VIII.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.800 - LICENSING REQUIREMENTS AND PROCEDURES

Current through Register 1525, July 5, 2024
310 CMR
				  30.801 through 30.899, cited collectively as
				  310 CMR 30.800, set forth the procedures and requirements for licensing
				  hazardous waste facilities and transporters.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.802 - Application Form

Current through Register 1525, July 5, 2024
(1) Any person required to have a hazardous
				waste license shall complete, sign, and submit an original application, plus
				three copies, to the Department.
(2) The applicant shall be required to submit
				such information concerning the proposed hazardous waste facility or activity
				as the Department may require. The Department may prescribe a form(s) which
				shall be used by all applicants.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.804 - Additional Requirements for Facility License Applications

Current through Register 1525, July 5, 2024
Each facility license application shall state whether the
				  facility is a new facility or an existing facility, whether the application is
				  a first or revised application, and shall include at least the following
				  additional information. The extent of such information, and of any additional
				  information that may be requested by the Department, shall be determined by the
				  Department on a case-by-case basis, depending upon the specifics of the
				  proposed facility or activity and its location.
(1) The names and qualifications of the
				emergency coordinator and all persons who at any time may be placed in charge
				of facility operations.
(2) The
				names and qualifications of key management personnel at the hazardous waste
				facility.
(3) A U.S.G.S.
				topographic map showing the location of the site.
(4) Two sets of maps, of which:
(a) One set shall show a distance of 1000
				feet around the facility, shall be at a scale of 2.5 cm. equal to not more than
				61.0 meters unless specified otherwise by 310 CMR 30.804(19)(k)3. or M.G.L. c.
				21C, and shall include, but not be limited to:
1. topographic contours sufficient to clearly
				show the pattern of water flow in the vicinity of and from each operational
				unit in the facility;
2. map scale
				and date;
3. legal boundaries of
				the site;
4. geology of the site
				area;
5. groundwater
				locations;
6. surface water
				locations;
7. location of
				residences;
8. roads and access
				control;
9. wells;
10.100-year flood elevations; and
11. seismic data, as may be required by the
				Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.805 - Additional Requirements for Transport License Applications

Current through Register 1525, July 5, 2024
All hazardous waste transport license applications shall
				  include at least the following additional information, and any other
				  information that may be requested by the Department.
(1) A certification, issued by the Department
				of Public Utilities, that the applicant has conformed to all of the
				requirements of M.G.L. c. 159B.
(2)
				A plan for cleaning all vehicles used in transporting hazardous
				waste.
(3) Evidence that all
				employees handling hazardous waste in Massachusetts are bondable for the
				handling and transport of hazardous waste.
(4) Evidence of financial responsibility as
				required by
				310 CMR
				30.410 and
				30.411.
(5) A list of trucks and other vehicles owned
				or operated by the applicant for the transport of hazardous waste, including
				the registration number, state of registration, vehicle identification number
				and model year of each vehicle.
(6)
				A description of the methods, and a list of equipment carried on the vehicles,
				to be used for handling transportation-related spills of hazardous
				wastes.
(7) Information indicating
				the types and physical states of hazardous waste to be transported and the
				approximate annual quantity of hazardous waste to be transported.
(8) Written documentation that the applicant
				has furnished a copy of the application to the local board of health
				(
i.e
., in the Massachusetts town/city of the applicant's
				office address where transportation related activities take place and license
				records are maintained) at the time the application was submitted to the
				Department. Such documentation includes, but is not limited to, a certified
				mail receipt. Applicants with no office in Massachusetts (as defined above) are
				exempt from 310 CMR 30.805(8).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.806 - Record Keeping

Current through Register 1525, July 5, 2024
Every person who applies for and obtains a hazardous waste
				  license shall keep records of all data used to complete the license application
				  for at least three years from the date the application is signed. This period
				  may be extended by order of the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.807 - Signatories

Current through Register 1525, July 5, 2024
(1) All license applications and all final
				licenses issued by the Department shall be signed as follows:
(a) If the applicant is a corporation, by an
				individual who is a responsible corporate officer of the corporation and who is
				authorized by the corporation, in accordance with corporate procedures, to sign
				such documents on behalf of the corporation. The corporate seal shall be
				included. As used in 310 CMR 30.807, the term "responsible corporate officer"
				shall mean a president, secretary, treasurer, or vice-president of the
				corporation in charge of a principal business function, or any other person who
				performs similar policy-making or decision-making functions for the
				corporation.
(b) If the applicant
				is a partnership, by a general partner.
(c) If the applicant is a sole
				proprietorship, by the proprietor.
(d) If the applicant is a municipality or
				other public agency, by a principal executive officer or ranking elected
				official who is empowered to enter into contracts on behalf of the municipality
				or public agency.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.810 - Requirements For Obtaining and Keeping a License

Current through Register 1525, July 5, 2024
310 CMR
				  30.811 through
				  30.813 set forth
				  requirements and standards which must be met by every person who wishes to
				  obtain and keep in effect any hazardous waste license pursuant to 310 CMR
				  30.000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.811 - Burden Of Persuasion

Current through Register 1525, July 5, 2024
In every proceeding, the burden shall be on the applicant
				  for, or the holder of, a license to persuade the Department that the applicant
				  is competent with respect to the proposed activity, and that if the Department
				  grants a license, or allows a license to remain in effect, the applicant will
				  continue to be otherwise in compliance with M.G.L. c. 21C, and 310 CMR 30.000.
				  The Department shall grant a license, and shall allow a license to remain in
				  effect, only to the extent, and only while, the Department is persuaded that
				  such action is, and will continue to be, in compliance with M.G.L. c. 21C, and
				  310 CMR 30.000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.812 - Compliance With Standards

Current through Register 1525, July 5, 2024
A license authorizing the collection, transport, storage,
				  treatment, use, or disposal of hazardous waste shall be granted, and shall be
				  allowed to remain in effect, only to the extent, and only while, the Department
				  is persuaded that the applicant for or holder of the license is in compliance,
				  and will be in compliance routinely and on a continuing basis, with all
				  standards and requirements set forth in 310 CMR 30.000 and M.G.L. c. 21C for
				  such collection, transport, storage, treatment, use or
				  disposal.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.813 - Competence

Current through Register 1525, July 5, 2024
In determining whether or not an applicant or licensee is
				  competent with respect to the licensed activity, the Department may consider,
				  among other things:
(1) The record,
				history and expertise of the applicant or licensee, and any officer, trustee,
				director, or partner thereof, and any key staff individual thereof, in the
				field of hazardous waste management and other related environmental and public
				health matters, including any pertinent information which may be presented to
				the Department;
(2) Whether all
				required information has been submitted truthfully, accurately, and completely
				and on time;
(3) Whether the
				applicant or licensee, or any officer, director, trustee, or partner thereof,
				or any key staff individual thereof, has been convicted of a crime involving
				moral turpitude;
(4) Whether the
				applicant or licensee, or any officer, director, trustee, or partner thereof,
				or any key staff individual thereof, has ever been subject to any criminal
				prosecution, civil penalty, civil action in any court, any notice of violation,
				administrative order, or license suspension or revocation issued by any State
				or Federal authority citing a violation of any statute, regulation, or court
				order relating to hazardous waste management or transportation, or other
				related environmental or public health statutes or regulations;
(5) If the applicant or licensee is required
				by
				310 CMR
				30.803(9)  to disclose the
				names and addresses of all individuals or other persons directly or indirectly
				holding greater than 5% equity in, or more than 5% liability of, the applicant,
				the Department may consider, with respect to those persons and individuals, the
				matters listed in 310 CMR 30.813(1) through (4).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.814 - Additional Requirements for Prevention of Air Pollution

Current through Register 1525, July 5, 2024
Each hazardous waste facility shall be in compliance with all
				  applicable requirements of
				  310 CMR
				  7.00 through 7.99.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.820 - License Conditions

Current through Register 1525, July 5, 2024
310 CMR 30.820 through
				  30.829
				  set forth conditions which apply to all licenses, regardless of whether or not
				  such conditions are written into the license. Licensees shall comply with such
				  conditions whether or not they are written into the license. Failure to comply
				  shall be grounds for an enforcement action, including, without limitation,
				  license suspension or revocation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.821 - License Expiration

Current through Register 1525, July 5, 2024
(1) Unless
				otherwise provided in 310 CMR 30.821, or in a written order by the Department,
				every license shall expire at the end of its term.
(2) Any license which is scheduled to expire
				shall be automatically extended if, not less than 30 nor more than 90 days
				before the scheduled expiration date, the licensee files an application for a
				new license. This automatic extension shall apply only to that activity which
				is both authorized by the existing license and included in the application for
				a new license. Any activity which is authorized by the existing license but not
				included in the application for a new license shall be deemed not to be
				licensed after the expiration date on the license. This automatic extension
				shall remain in effect until:
(a) The
				Department issues a new license to the licensee and all opportunities for
				adjudicatory hearing before the Department have been exhausted, in which case
				the new license shall supersede the extended license; or
(b) The Department denies the application for
				a new license and all opportunies for adjudicatory hearing before the
				Department have been exhausted, in which case the extended license shall be
				deemed expired; or
(c) The
				Department suspends or revokes the extended license; or
(d) The Department in writing orders
				otherwise, in which case the order shall be controlling.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.822 - General Conditions

Current through Register 1525, July 5, 2024
The following conditions apply to all licenses:
(1)
Duty to Comply
.
				The licensee shall comply at all times with the terms and conditions of the
				license, 310 CMR 30.000, M.G.L. c. 21C, and all other applicable State and
				Federal statutes and regulations.
(2)
Duty to
				Maintain
. The licensee shall always properly operate and maintain
				all facilities, treatment and control systems, vehicles, and equipment which
				the licensee installs or uses.
(3)
Duty to Halt or Reduce Activity
. The licensee shall
				halt or reduce activity whenever necessary to maintain compliance with the
				license conditions, or to prevent an actual or potential threat to the public
				health, safety, or welfare, or to the environment.
(4)
Duty to
				Mitigate
. The licensee shall remedy and shall act to prevent all
				potential and actual adverse impacts to persons and the environment resulting
				from non-compliance with the terms and conditions of the license. The licensee
				shall repair at his own expense all damages caused by such
				non-compliance.
(5)
Duty to Provide Information
. The licensee shall
				furnish to the Department, within a reasonable time, any information which the
				Department may request and which is deemed by the Department to be relevant in
				determining whether cause exists to modify, revoke, or suspend a license, or to
				determine whether the licensee is complying with the terms and conditions of
				the license.
(6)
Entries and Inspections
. The licensee shall allow
				personnel or authorized agents of the Department or authorized EPA
				representatives, upon presentation of credentials or other documents as may be
				required by law, to, without a warrant:
(a)
				Enter at all reasonable times any premises, public or private, 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 at any time such
				premises for the purpose of protecting the public health, safety, or welfare,
				or to prevent damage to the environment;
(c) Have access to and copy at all reasonable
				times all records that are required to be kept pursuant to the conditions of
				the license, and all other records relevant to the licensee's hazardous waste
				activities.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.823 - Additional Conditions of Transport Licenses

Current through Register 1525, July 5, 2024
The following additional conditions apply to all transport
				  licenses:
(1) The transporter shall
				not contract with any subcontractor to perform any of the activities authorized
				by its transport license.
(2) The
				transporter shall ensure that all vehicles which it uses for transporting
				hazardous waste shall bear prominent markings identifying the vehicle and its
				owner and operator, and all other markings, including placards, required by
				statute or regulation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.824 - Issuance of Transporter License

Current through Register 1525, July 5, 2024
(1) After the close
				of the public comment period, the Department shall, by first-class mail, give
				notice of its final license determination to the applicant and to each person
				who has submitted written comments, or has otherwise requested notice of the
				final determination.
(2) A final
				license determination shall become effective 21 days after the date of the
				notice of determination given pursuant to
				310
				CMR 30.824(1), unless a
				request for adjudicatory hearing is made pursuant to M.G.L. c. 21C, and M.G.L.
				c. 30A, and 310 CMR 1.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.825 - Additional Conditions of Facility Licenses

Current through Register 1525, July 5, 2024
(1)
Compliance With Plans
. The owner and operator shall
				comply with the plans, as approved by the Department, listed in
				310
				CMR 30.502.
(2)
Incident
				Reporting
.
(a) The licensee
				shall, immediately upon discovering it, orally report to the Department any
				incident, circumstance, or non-compliance which may endanger public health,
				safety, or welfare, or the environment. The following shall be included in such
				report:
1. The name, address, and telephone
				number of the owner and operator;
2. The name, address, and telephone number of
				the facility;
3. The date, time,
				location, and type, of incident;
4.
				The name, description, and quantity of materials involved;
5. The extent of injuries, if any;
6. An assessment of actual or potential
				hazards to public health, safety, or welfare, or the environment outside the
				facility, where this is applicable; and
7. The estimated quantity and disposition of
				recovered material that resulted from the incident.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.826 - Additional Conditions For Corporations

Current through Register 1525, July 5, 2024
Every corporate applicant or licensee shall provide the
				  Department with a copy of all records, reports, or other information required
				  to be submitted to the Secretary of the Commonwealth, and shall have a
				  continuing duty to provide the Department with any changes or additions made
				  thereto. Such copies shall include the book and page number assigned by the
				  Secretary of the Commonwealth. This provision does not apply to facilities
				  which are licensed solely for the storage, treatment, use or disposal of
				  hazardous waste at the site of generation thereof if the owner or operator is
				  also the generator.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.827 - License Duration

Current through Register 1525, July 5, 2024
All licenses shall be for a fixed term of not more than five
				  years, unless sooner revoked or terminated, and shall not be extended by
				  modification except as provided in
				  310
				  CMR 30.821.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.828 - Transfer of Licenses

Current through Register 1525, July 5, 2024
Each license issued pursuant to
				  310
				  CMR 30.800 shall be valid only for the person
				  to whom it is issued and may not be transferred. Operation by an owner or
				  operator other than those named in the license shall be in violation of 310 CMR
				  30.000, and a basis for suspension or revocation of the license, or for other
				  enforcement action.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.829 - Requiring Additional Conditions

Current through Register 1525, July 5, 2024
All licenses for use, collection, treatment, storage,
				  disposal, or transport shall include additional conditions as may be set by the
				  Department on a case-by-case basis to assure compliance with 310 CMR 30.000 and
				  M.G.L. c. 21C.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.831 - Completeness of Application

Current through Register 1525, July 5, 2024
(1) A license
				application shall be deemed complete for the purpose of initiating the review
				process described in
				310
				CMR 30.831 through
				30.838 when the Department
				receives the application and determines that all required information has been
				submitted and all applicable fees have been paid to the Department, provided
				that the Department may require additional information at any time. The
				Department shall request such additional information in writing and may direct
				the applicant to make an information repository and notify persons on the
				facility mailing list that it is available to the public in the community or
				on-line in the pre-application stage or at any stage in the facility's
				existence. The Department may also require an applicant to provide additional
				public outreach and public engagement activities.
(2) The Department shall notify the applicant
				in writing within 60 days of receipt of an application whether the application
				is complete. If the application is not complete, the Department shall list the
				information necessary to make the application complete.
(3) The Department may either deem a license
				application incomplete or deny a license if an applicant fails or refuses to
				correct deficiencies in the application.
(4) For each complete application for a
				license for a new facility, the Department shall set a project decision
				schedule estimating dates by which it intends to:
(a) Prepare a draft license;
(b) Give public notice;
(c) Complete the public comment period;
				and
(d) Issue a final license
				decision.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.832 - Draft Facility License

Current through Register 1525, July 5, 2024
(1) When a facility
				license application is complete, the Department shall either prepare a draft
				license or draft denial. A draft license shall include all required conditions,
				standards, and requirements which are necessary to own and operate the facility
				and which are in addition to those set forth in
				310
				CMR 30.820 through
				30.829.
(2) If the Department decides to deny the
				facility license application, it shall issue a draft denial, the procedures for
				which shall be the same as for a draft license prepared pursuant to
				310
				CMR 30.800.
(3) Each facility license shall be
				accompanied by a fact sheet briefly describing
(a) the facility,
(b) the proposed hazardous waste activity at
				the facility,
(c) the reasons for
				the terms and conditions set forth therein, and
(d) reasons why requested alternatives were
				not accepted.
Each facility license and accompanying fact sheet shall be
				  made available for public comment pursuant to
				  310
				  CMR 30.833.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.833 - Public Notice and Public Comment for Facility License Actions

Current through Register 1525, July 5, 2024
310 CMR 30.833 applies to
				  facility license applications.
(1) The
				Department shall give public notice of the following:
(a) That a facility license application has
				been tentatively denied;
(b) That a
				draft facility license has been prepared;
(c) That a Class 2 or 3 modifications
				pursuant to
				310
				CMR 30.852 at a facility has been proposed;
				and
(d) That an informal public
				hearing on a draft license has been scheduled.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.834 - Public Notice of Transport License Actions

Current through Register 1525, July 5, 2024
310 CMR 30.834 (1), (2), and
				  (5) applies to hazardous waste transporter
				  license applications and
				  310
				  CMR 30.834(3), (4), and (5)
				  applies to hazardous waste transporter license modifications.
(1) The transporter applicant shall publish a
				"Notice of Application for a Transporter License" in a newspaper with
				circulation in the Massachusetts town/city of the applicant's office address
				where transportation-related activities take place and license records are
				maintained. The notice shall be on a form provided by the Department.
(a) The notice must appear in the newspaper
				within 15 days after the Department signs for receipt of the written
				application;
(b) Within 21 days
				after the Department signs for receipt of the written application, the
				applicant must provide a copy of the published newspaper notice to the
				Department and the local (Massachusetts) board of health.
(c) The notice shall provide for a 45-day
				comment period, beginning on the date of the publication of the notice, during
				which comments may be submitted to the Department at the address provided in
				the notice form.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.835 - Written Comments

Current through Register 1525, July 5, 2024
During the public comment period provided for in
				  310
				  CMR 30.833 or
				  30.834, any interested person
				  may submit written comments on the draft license to the office of the
				  Department processing the license application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.836 - Extending the Public Comment Period

Current through Register 1525, July 5, 2024
The Department may extend the public comment period
				  prescribed in
				  310
				  CMR 30.833 or
				  30.834 to allow for issuance
				  of a modified draft license or to give interested persons an opportunity to
				  comment on information or arguments submitted. If the Department gives such an
				  extension, notice thereof shall be given in the manner prescribed in
				  310
				  CMR 30.833 or
				  30.834, whichever is
				  applicable. Such notice shall specify any new issues to be
				  considered.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.837 - Informal Public Hearing for Facility Licenses

Current through Register 1525, July 5, 2024
310 CMR 30.837 applies to
				  facility license actions.
(1) The
				Department shall direct the applicant to schedule an informal public hearing on
				the proposed action to give the public an opportunity to present written and
				oral comment if:
(a) During the comment period
				or within 15 days of the close of the comment period, pursuant to
				310
				CMR 30.833, the Department receives written
				notice requesting an informal public hearing, or if the Department determines
				on its own that there is significant public interest in a draft
				license.
(b) Prior to the comment
				period, the Department determines that the applicant's proposed license renewal
				involves changes that are significant and equivalent to Class 2
or
				3
modifications described at
				310
				CMR 30.852 or
(c) The facility applicant is seeking an
				initial license for a hazardous waste management unit. The informal public
				hearing described at
				310
				CMR 30.837(1)(c)  shall be
				held prior to the submittal of the initial hazardous waste license
				application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.838 - Issuance of Facility License

Current through Register 1525, July 5, 2024
(1) After the close
				of the public comment period, or following any informal public hearing, the
				Department shall, by first-class mail, give notice of the final license
				determination to the applicant and to each person who has submitted written
				comments, or has otherwise requested notice of the final license
				determination.
(2) A final license
				determination shall become effective 21 days after the date of the notice of
				determination given pursuant to
				310
				CMR 30.838(1), unless a
				request for adjudicatory hearing is made pursuant to M.G.L. c. 21C, M.G.L. c.
				30A, and 310 CMR 1.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.839 - Summary Response to Comments

Current through Register 1525, July 5, 2024
At the time that any license is issued pursuant to
				  310
				  CMR 30.838, the Department shall prepare a
				  summary response to comments which shall be available to the public and which
				  shall describe any changes made to the draft license, including the reason(s)
				  for each such change.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.840 - Inspection of New or Modified Facilities

Current through Register 1525, July 5, 2024
For a new hazardous waste facility, the licensee may not
				  begin treatment, use, storage, or disposal of hazardous waste, and for a
				  facility being modified, the licensee may not treat, store, use, or dispose of
				  hazardous waste in the modified portion of the facility, until:
(1) The licensee has submitted to the
				Department, by certified mail or hand delivery, a letter, signed by the owner
				or operator and by a Massachusetts registered professional engineer, stating
				that the facility has been constructed or modified in compliance with the
				license; and
(2) Either,
(a) The Department has inspected the modified
				or newly constructed facility and has determined in writing that it complies
				with the conditions of the license, or
(b) The Department has determined in writing
				that no inspection by the Department is required.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.851 - License Modifications

Current through Register 1525, July 5, 2024
(1)
General Provisions.
(a) A license may be modified by the
				Department for cause. The filing of a request by a licensee for a license
				modification or of a notification of planned changes or anticipated
				non-compliance does not stay any license condition.
(b) The Department may modify a license upon
				its own initiative, upon request by a local board of health or other municipal
				authority, upon request via written application by a licensee, or upon request
				of any other interested person. If the Department decides to deny a request to
				modify a license, the Department shall send to the person making the request a
				brief written response giving a reason for the Department's decision. Except as
				provided in
				310 CMR
				30.890, denial of a request for modification
				of a license shall not be subject to public notice, public comment, or public
				hearings. If the Department decides to grant a request to modify a license, the
				Department shall proceed in accordance with 310 CMR 30.850.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.852 - Facility License Modification at the Request of the Licensee

Current through Register 1525, July 5, 2024
(1) Prior to submitting any modification
				request to the Department, the licensee shall comply with M.G.L. c. 21D, if
				applicable.
(2) Class 1
				modifications
(a) Except as provided in 310
				CMR 30.852(2)(b), the licensee may put into effect Class 1 modifications listed
				in Table 310 CMR 30.852 pursuant to the following conditions:
1. The licensee shall notify the Department
				concerning the modification by certified mail or other means that establish
				proof of delivery within seven calendar days after the change is put into
				effect. This notice shall specify the changes being made to license conditions
				or supporting documents referenced by the license and shall explain why they
				are necessary. Along with the notice, the licensee shall provide the
				information required by
				310 CMR
				30.801 through
				30.804
				or other information which is relevant to the modification request.
2. The licensee shall send a notice of the
				modification to all persons on the facility mailing list and the appropriate
				units of State and local government as specified in
				310
				CMR 30.833(4). This
				notification shall be made within 90 calendar days after the change is put into
				effect. For the Class 1 modifications that require prior Department approval,
				the notification shall be made within 90 calendar days after the Department
				approves the request.
3. Any person
				may request the Department to review, and the Department may for cause reject,
				any Class 1 modification. The Department shall inform the licensee by certified
				mail that a Class 1 modification has been rejected, explaining the reasons for
				the rejection. If the Class 1 modification has been rejected, the licensee
				shall comply with the original license conditions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.853 - License Denial, suspension or Revocation

Current through Register 1525, July 5, 2024
(1)
				The Department may deny, suspend, or revoke a license for cause at any time if
				it determines that any term or condition thereof has been violated, that the
				licensee or applicant has violated any provision of M.G.L. c. 21C, RCRA, or 310
				CMR 30.000, or that the licensee or applicant is not competent with respect to
				the licensed activity. Such action by the Department shall be subject to
				opportunity for an adjudicatory hearing pursuant to M.G.L. c. 21C and c. 30A,
				and
				310 CMR
				1.00. In an adjudicatory hearing held pursuant to 310
				CMR 30.853, the issue to be adjudicated shall be whether the Department's
				decision to deny, suspend or revoke a license was reasonable in light of the
				particular facts and circumstances available to the Department at the time of
				its decision.
(2) Causes for
				suspending or revoking a license during its term, or for denying a license,
				shall include, but shall not be limited to, the following:
(a) Non-compliance by the licensee with 310
				CMR 30.000, M.G.L. c. 21C, or any condition of the license;
(b) Failure of the applicant or licensee to
				fully and accurately disclose in the application, during the license issuance
				process, or at any time during the term of the license, all relevant facts
				which the licensee or applicant knew or should have known;
(c) The licensee's or applicant's
				misrepresentation of any relevant facts at any time;
(d) A determination by the Department that
				the licensed activity or facility could or does endanger public health, safety,
				or welfare, or the environment; or
(e) Failure of the licensee or applicant to
				meet a standard set forth in
				310 CMR
				30.811 or
				30.812.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.854 - Effect of License Denial, suspension, or Revocation on Other Hazardous Waste Activities

Current through Register 1525, July 5, 2024
The denial, suspension, or revocation of a license for any
				  class of hazardous waste or category of hazardous waste license may be grounds
				  for the denial, suspension, or revocation of a license to that licensee or
				  applicant for all other hazardous waste classes and license categories. Any
				  person whose license renewal is denied or whose license is revoked for cause
				  shall be barred from applying for any class or category of license issued
				  pursuant to 310 CMR 30.000 for a period of not more than five years. The period
				  during which reapplication shall be barred shall be established as part of the
				  decision or determination of the Department in the proceedings relative to the
				  denial or revocation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.861 - Emergency License

Current through Register 1525, July 5, 2024
Notwithstanding any other provision of 310 CMR 30.000, if the
				  Department finds that an imminent and substantial endangerment to public
				  health, safety, or welfare, or the environment may exist unless the Department
				  takes such action, the Department may issue to a non-licensed facility a
				  temporary emergency license for the treatment, storage, or use of hazardous
				  waste by said facility, and may issue a temporary emergency license to a
				  non-licensed transporter for the transportation of hazardous waste by said
				  transporter. This temporary emergency license:
(1) Shall be either oral or written, provided
				that if it is oral, it shall be followed within five days by a written
				temporary emergency license;
(2)
				Shall only be for a period necessary to abate the emergency, and in no case
				shall exceed a period of 90 days;
(3) Shall clearly specify the hazardous
				wastes to be received or transported and the manner and location of their
				transport, treatment, use, or storage, which manner and location shall be in
				compliance with 310 CMR 30.000, except to the extent that the temporary
				emergency license expressly specifies otherwise because such compliance is
				determined by the Department to be not possible or not consistent with the
				emergency situation;
(4) May be
				terminated by the Department at any time the Department deems such action
				appropriate to protect public health, safety, or welfare, or the environment,
				or when the Department determines that the emergency has been abated;
(5) Shall be accompanied by a public notice
				given in compliance with the notice provisions of
				310
				CMR 30.833 or
				30.834,
				whichever is applicable. The content of this notice shall include, at a
				minimum, the following:
(a) The address and
				telephone number of the office of the Department issuing the temporary
				emergency license;
(b) The name and
				location of the facility or transporter, as applicable;
(c) A brief description of the wastes
				involved;
(d) A brief description
				of the temporary emergency license and the reasons for the issuance
				thereof;
(e) The duration of the
				temporary emergency license.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.862 - License for Land Treatment Demonstration

Current through Register 1525, July 5, 2024
(1)
				For the purpose of allowing an owner or operator to meet the land treatment
				demonstration requirements of
				310 CMR
				30.653, the Department may issue a land
				treatment demonstration license. The license shall contain those requirements
				necessary to meet the standards set forth in
				310 CMR
				30.653(3). The license shall
				be issued as a treatment and disposal license authorizing only the field test
				and laboratory analyses.
(2) In the
				land treatment demonstration license, the Department shall establish conditions
				for conducting the field tests and laboratory analyses required by
				310 CMR
				30.653. These license conditions shall
				include design and operating parameters (including the duration of the tests
				and analyses and, in the case of field tests, the horizontal and vertical
				dimensions of the treatment zone), monitoring procedures, post-demonstration
				clean-up activities, and any other condition which the Department determines
				may be necessary or appropriate.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.863 - Research, Development, and Demonstration Facilities and Approvals

Current through Register 1525, July 5, 2024
(1) The Department may issue a research,
				development, and/or demonstration approval for any hazardous waste facility
				which proposes to utilize an innovative and experimental hazardous waste
				technology or process for which standards have not been promulgated. Each such
				approval, and each application for such approval, shall be in writing and shall
				be subject to the provisions set forth in
				310 CMR
				30.801 through
				30.803,
				30.806,
				30.807,
				30.810
				through
				30.822,
				30.825(2),
				(3), and (5),
				30.831(1) through
				(3),
				30.853,
				30.854,
				30.870,
				30.880,
				30.890,
				and
				30.862,
				and shall not be subject to any other provision of
				310 CMR
				30.800.
(2) Such research, development and/or
				demonstration approval shall include such terms and conditions as will assure
				protection of public health, safety and welfare and the environment. Such
				approvals shall:
(a) Provide for the
				construction and maintenance of whatever is necessary to assure compliance with
				requirements set forth or referred to in
				310 CMR
				30.862;
(b) Provide for the operation of the
				research, development, and/or for demonstration for not longer than one year
				unless renewed as provided in 310 CMR 30.867(3);
(c) Provide for the receipt and treatment by
				the facility of only those types and quantities of hazardous waste which the
				Department determines are necessary for purposes of determining the efficacy
				and performance capabilities of the technology or process and the effects of
				such technology or process on public health, safety and welfare and the
				environment; and
(d) Include such
				requirements as the Department determines are necessary to protect public
				health, safety and welfare and the environment including, but not limited to,
				requirements regarding monitoring, operation, financial responsibility, closure
				and remedial action, and such requirements as the Department determines are
				necessary regarding testing and providing information to the Department, with
				respect to the operation of the facility.