Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.393 - Centers for the Accumulation of Hazardous Waste Generated by Households and/or Very Small Quantity Generators

Current through Register 1525, July 5, 2024
(1)
Applicability and Compliance
. A sponsor may establish
				or maintain a center provided that the center is in compliance with the
				requirements set forth in
				310
				CMR 30.393, as specified below. All centers
				shall be subject to
				310
				CMR 30.393(1)  through
				30.393(4). A
				center that accepts waste oil shall also be subject to
				310
				CMR 30.393(5).
(2)
Application for Department
				Approval
. Any sponsor who wishes to establish or operate a center
				shall, before establishing or operating the center, apply for and obtain the
				Department's approval.
The approval of applications for centers that accept only
				  waste oil and/or surplus paint, submitted pursuant to 310 CMR 30.393(3), shall
				  be deemed granted as a "presumptive approval" unless, within 21 days of the
				  Department's receipt of an application, the Department notifies the applicant
				  of a deficiency or denies the application in writing. If deemed granted, the
				  applicant may act in good faith on this approval even though the applicant does
				  not have a written statement by the Department to that effect. For centers that
				  accept hazardous wastes other than waste oil and surplus paint, the applicant
				  shall apply for and receive written approval from the Department. The sponsor
				  shall sign all applications for the Department's approval to establish or
				  maintain a center in compliance with the requirements of
				  310 CMR 30.009 and
				  310 CMR
				  30.807(1). The Department
				  may give an approval pursuant to 310 CMR 30.393 and allow that approval to
				  remain in effect only to the extent the Department is persuaded that such
				  action would not lead to a significant potential hazard to public health,
				  safety, or welfare, or to the environment, or be in noncompliance with 310 CMR
				  30.393. In addition to any requirements set forth in 310 CMR 30.393, the
				  Department may impose any other conditions in its approval to ensure that the
				  activity in question does not constitute a significant potential hazard to
				  public health, safety, or welfare or the environment.
(3)
Application Procedure for
				Centers
. Any sponsor who wishes to establish or maintain a center
				shall apply for the Department's approval of that activity using a form
				prescribed by the Department. Application forms required by the Department may
				vary, depending on the nature of the hazardous waste proposed to be collected.
				The application shall specify all additional persons retained by the sponsor to
				operate or maintain the center. A copy of each application shall be submitted
				to the Board of Health and the Fire Department of the municipality in which the
				proposed center is to be located.
(4)
Management Standards for
				Centers
. A sponsor or his designee shall comply with the
				following:
(a)
										310 CMR 30.001 through
				30.199;
(b)
										310 CMR 30.310
				through
				30.331,
				30.333
				through
				30.334,
				310
				CMR 30.341(3) through (5),
				30.342(1)(e)
				 and
				30.343(1)(d)2;
(c)
										310 CMR 30.351(8)(a),
				(b)(1) through (4) and
				30.351(9) through
				(11);
(d)
										310 CMR
				30.360;
(e)
										310
				CMR 30.560(1) through (3)
				and
				310 CMR 30.689;
(f) The site requirements set forth in
				310
				CMR 30.392(3), except for
				310
				CMR
				30.392(3)(c)1.;
(g) A center may accumulate hazardous waste
				for up to 180 days without having to obtain a license from the Department for
				such accumulation provided the requirements of 310 CMR 30.393(4) are complied
				with; the 180-day accumulation period does not begin until the amount
				accumulated at any one time equals 100 hundred or more kilograms of non-acutely
				hazardous waste, or any amount of acutely hazardous waste; a center that
				intends to or does accumulate hazardous waste for more than 180 days is an
				operator of a storage facility and shall comply with the requirements in
				310 CMR
				30.500 through
				30.900
				applicable to the storage of hazardous waste;
(h) Signs shall be clearly and prominently
				displayed describing the kinds of hazardous waste accepted at the
				center;
(i) An attendant, trained
				in sorting procedures for determination of hazard, classification for reuse and
				recycling and potential health and safety issues related to handling hazardous
				waste, shall be present at all times while the center is open to accept
				hazardous waste.
(j) A center that
				receives hazardous waste generated by Very Small Quantity Generators shall be
				subject to
				310 CMR 30.353(9)
				 and all other regulations applicable to
				persons who receive hazardous waste generated by Very Small Quantity
				Generators;
(k) All centers shall
				report to the Department by January 15th each year
				on the previous year's activity. The report shall be submitted on a form
				prescribed by the Department, and shall describe the quantities and types of
				hazardous waste and other materials collected during the previous calendar
				year;
(l) The sponsor shall retain
				the services of a transporter licensed by the Department for the transport of
				the types of hazardous waste accepted at the center;
(m) A generator of hazardous waste who is
				also a center is not required to count hazardous waste received during those
				collection activities toward its hazardous waste generator status, provided
				that collected hazardous waste is managed independently (
i.e
.,
				packaged, accumulated, stored and disposed separately) from the generator's own
				hazardous waste. However, if the generator chooses to combine its own hazardous
				waste with hazardous waste collected at the center, then the hazardous waste
				collected at the center shall be counted toward the generator's
				status;
(n) The center shall refuse
				to accept any waste if there is reason to believe that the waste is not
				household hazardous waste or hazardous waste generated by a Very Small Quantity
				Generator, or waste that is unidentifiable, explosive or reactive, cannot be
				lawfully disposed of, or is specified as unacceptable in the contract between
				the sponsor and the transporter; and
(o) A center that accepts waste oil shall
				accumulate and manage such waste oil in compliance with the requirements in
				310 CMR
				30.253.