reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.11 - Affirmative Action and Disadvantaged Business Enterprise Requirements

Current through Register 1525, July 5, 2024
(1) Local Governmental Units receiving
			 financial assistance from the Trust shall comply with applicable federal and
			 state anti-discrimination laws and requirements, including the Department's
			 requirements in the areas of Affirmative Action in employment and Disadvantaged
			 Business Enterprise (DBE) utilization in contracting.
(a) In the area of Affirmative Action, such
			 Local Governmental Units shall adopt, for use in all contracts for $50,000 or
			 more, an adapted version of the Commonwealth of Massachusetts' "Supplemental
			 Equal Employment Opportunity Anti-discrimination and Affirmative Action
			 Program." The contracts may include minority workforce percentages greater than
			 those required for the geographical locations of the construction project as
			 set forth in the Supplemental Program.
(b) In the area of DBE utilization, such
			 Local Governmental Units shall make positive efforts to use DBEs for use in all
			 construction, service and supply subagreements for the project financed by the
			 loan. Such efforts should achieve the applicable federal and/or state goals
			 established for DBE participation, but, at a minimum, should allow DBEs the
			 maximum feasible opportunity to compete for project subagreements.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.12 - Project Approval and Regulation

Current through Register 1525, July 5, 2024
(1)
Application
.
(a) A
			 Local Governmental Unit whose project is on the Intended Use Plan Project
			 Listing portion of the calendar year priority list must first apply to the
			 Department to receive a loan from the Trust to finance costs of the project.
			 The Local Governmental Unit must file a complete application with the
			 Department containing the following information and documentation:
1.
General
			 Information
which must include evidence of a funding authorization
			 by the Local Governmental Unit sufficient to cover the project cost, and
			 certification of the authority of the Local Governmental Unit to file the
			 application.
2.
Financial Information
pertinent to the Trust's
			 evaluation of the applicant's ability to repay the loan.
3.
Project
			 Information
which demonstrates to the Department's satisfaction
			 that the project is sufficiently advanced in its implementation, including, as
			 applicable:
a. approvable plans and
			 specifications for the project;
b.
			 evidence that the Local Governmental Unit has, at a minimum, filed applications
			 for any permits or environmental reviews applicable to the project;
c. the project scope of work, project
			 evaluation report or the comprehensive wastewater management planning for the
			 project; and
d. the project
			 schedule that demonstrates to the Department's satisfaction that the project
			 will commence no later than six months from the expected date of issuance of a
			 project approval certificate, assuming the Department determines that the
			 project is approvable.
4.
Supplemental Information
such as title to project site
			 or evidence of some other appropriate property interest in the project site,
			 any necessary inter-municipal agreements, documentation related to the user
			 charge system,
etc
.
5.
Applicant
			 Certification
as to the completeness of the application in
			 accordance with the Department's application form and requirements, and as to
			 the accuracy and completeness of the information provided by the applicant in
			 its application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.01 - Introduction

Current through Register 1525, July 5, 2024
The federal Safe Drinking Water Act amendments of 1996
				authorized a Drinking Water State Revolving Fund program to assist eligible
				public water systems to finance the cost of the infrastructure needed to
				achieve or maintain compliance with the SDWA requirements and protect public
				health. The Massachusetts Drinking Water State Revolving Fund (DWSRF) Program
				is a federal-state partnership that provides low-cost financing to help
				community public water suppliers. The DWSRF Program is jointly administered
				through the Clean Water Trust by the Commissioner of the Department of
				Environmental Protection (Department), the State Treasurer, and the Secretary
				of Energy and Environmental Affairs pursuant to M.G.L. c. 29C, § 2.
				Financial assistance is available for engineering, design, and construction of
				drinking water projects. Every summer, the Department solicits projects from
				Massachusetts municipalities and community water systems (with at least 15
				residential connections) to be considered for subsidized loans for
				infrastructure projects. After evaluating the project requests submitted in
				response to the annual solicitation, the Department develops a list of projects
				eligible to receive financial assistance. From this annual list, and on the
				basis of projects' readiness to proceed and priority rating, the Department
				assigns projects to a fundable list called the Intended Use Plan Project
				Listing (IUP). Projects placed on the IUP are eligible to apply for financing
				in the coming year, with the total cost of all projects on the IUP not to
				exceed the amount of funding available for that year. To qualify for placement
				on the IUP, a project must have a high enough ranking, have received a local
				funding appropriation or be scheduled for funding appropriation by June
				30th of the coming year, and the applicant must be
				able to file a complete loan application no later than October
				15th of the coming year.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.02 - Purpose and Applicability

Current through Register 1525, July 5, 2024
310 CMR 45.00 implements the
				DWSRF Program. Under federal and state law, the DWSRF Program's goals are to
				protect public health and strengthen compliance with drinking water
				requirements, while addressing the Commonwealth's drinking water needs. The
				DWSRF Program incorporates affordability and watershed management priorities.
				310 CMR 45.00 sets forth the
				Department's authority and responsibilities to select, approve and regulate
				drinking water projects receiving financial assistance from the DWSRF.
310 CMR 45.00 does not apply
				to the use of set-asides by the Department and the Trust, which is addressed in
				the pertinent portion of the IUP submitted by the Department and the Trust to
				EPA on an annual basis after public review and comment. In the event that the
				set-aside portion of the IUP allocates funding for loans to systems to acquire
				land or conservation easements or to implement source water protection measures
				or to implement recommendations in source water quality protection partnership
				petitions submitted to the Department, the project selection criteria for such
				loans will also be subject to public review and comment as a component of the
				IUP. The Department reserves the right to use relevant requirements and
				procedures contained in
				310 CMR 45.00 in its
				selection, approval and administration of projects receiving loans pursuant to
				the set-aside portion of the IUP.
The Department may issue supplemental policies, guidelines,
				guidance documents and/or administrative procedures to assist in its
				implementation and administration of
				310 CMR 45.00 and its use of
				set-asides.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.05 - Priority System

Current through Register 1525, July 5, 2024
(1)
Establishment of Calendar Year Priority List
.
(a) Prior to the beginning of each calendar
			 year, the Department shall establish a single, annual list of projects
			 prioritized to receive financial assistance pursuant to
			 310 CMR 45.00.
(b) In establishing the priority list, the
			 Department may require eligible borrowers to submit any information deemed
			 necessary by the Department for project evaluation, including but not limited
			 to, information which addresses the proposed project's compliance with the IUP
			 Project Listing criteria in 310 CMR 45.05(2) and the Project Selection Criteria
			 in
			 310 CMR
			 45.06. The Department may establish a
			 reasonable deadline for its receipt of such information, and may decline to
			 evaluate and prioritize a project if the Department determines that the
			 eligible borrower has failed to provide sufficient information.
(c) Prior to adopting the priority list, the
			 Department shall conduct a public hearing to receive and consider public
			 comment on the proposed list. The Department will ensure that notice of the
			 public hearing will be published in one or more newspapers of general
			 circulation 30 days prior to the date of the hearing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.06 - Project Selection Criteria

Current through Register 1525, July 5, 2024
(1)
			 Except as provided in 310 CMR 45.06(2) through (4), the Department will use the
			 evaluation criteria set forth in 310 CMR 45.06(1)(a) through (d) to determine a
			 project's placement on the calendar year priority list. The Department, through
			 written guidance, will assign a numerical point range to each of the evaluation
			 criteria in 310 CMR 45.06(a) which will be used to further determine a
			 project's placement on the priority list. Such Department guidance may also
			 address tie breakers for projects with the same point score rating.
(a)
Public Health
			 Criteria
.
1. The extent to which
			 the project will eliminate or mitigate a serious risk to public health.
			 Relevant factors to consider may include but are not limited to:
a. The severity of the public health problem
			 the project is intended to address (
e.g.
, the nature and
			 frequency of MCL violations).
b.
			 The size and character of the population threatened or negatively impacted by
			 the identified risk to public health (
e.g
., the number of
			 children, the elderly or persons with pre-existing health risks served by the
			 system), and the extent to which the project will eliminate or mitigate the
			 public health risk to the identified population.
c. The extent to which the project
			 demonstrably eliminates or mitigates the identified serious risk to public
			 health in an effective and timely manner.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.07 - Financing Criteria

Current through Register 1525, July 5, 2024
(1)
In
			 General
. The Trust is authorized to structure the debt service
			 costs on loans and other forms of financial assistance for Eligible Projects
			 that provide the financial equivalent of a loan made at an interest rate equal
			 to 2%, which may include principal forgiveness. Notwithstanding the foregoing,
			 subject to the limits on contract assistance provided in M.G.L. c. 29C, §
			 6, the Trust may provide additional financial assistance that is the financial
			 equivalent of a loan made at an interest rate less than 2%, which may include
			 principal forgiveness, as determined by the Trust, for Qualifying Designated
			 Projects, as provided in 310 CMR 45.07(2).
(2)
Qualifying Designated
			 Projects
.
(a) Subject to the
			 limits on contract assistance provided in M.G.L. c. 29C, § 6, a LGU
			 applying for financial assistance for a Qualifying Designated Project on the
			 IUP for calendar year 2017 or later, unless otherwise authorized by the
			 Legislature, is eligible for additional financial assistance in accordance with
			 310 CMR 45.07(2) that may include loans and other forms of subsidies at the
			 financial equivalent of a loan made at an interest rate less than 2% or other
			 additional subsidies such as principal forgiveness, as determined by the Trust,
			 if the LGU demonstrates to the Department's satisfaction that it meets all of
			 the following criteria:
1. the project is
			 consistent with the current priorities established by the Trust, as set forth
			 in the Department's annual project solicitation;
2. the project implements Best Management
			 Practices; and
3. the LGU meets the
			 Trust's affordability criteria established pursuant to § 1452(d) of the
			 SDWA,
			 42 U.S.C. §
											300j-12(d), but only to the
			 extent required by federal law.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.08 - Eligible Project Costs

Current through Register 1525, July 5, 2024
(1) Costs which the
			 Department determines are necessary for the completion of the project are
			 eligible for financing in the loan and to receive a subsidy under the
			 loan.
(2) Costs which the
			 Department determines are not necessary for completion of the project are
			 ineligible for financing in the loan.
(3) Project costs incurred by an eligible
			 borrower prior to the date of issuance of the Department's project approval
			 certificate are not eligible for a subsidy under the loan, except as follows:
(a) project design, including preliminary
			 engineering and a project evaluation report, project construction or related
			 professional services may be approved by the Department prior to the issuance
			 of a project approval certificate as project costs eligible for subsidy if:
1. The eligible borrower has submitted a
			 written and adequately substantiated request for approval;
2. The Department's written approval is
			 obtained before initiation of the project and award of any loan for the
			 project; and
3. The project is
			 included and maintains its status on the current calendar year Intended Use
			 Plan Project Listing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.09 - Project Evaluation Report

Current through Register 1525, July 5, 2024
(1)
			 Unless otherwise determined by the Department, the planning information
			 required for projects receiving financial assistance pursuant to
			 310 CMR 45.00 shall be
			 contained in a Project Evaluation Report.
(2) The Department will determine the
			 required scope of a Project Evaluation Report based on the nature and duration
			 of the proposed project. Unless otherwise determined by the Department, a
			 complete Project Evaluation Report generally must include:
(a) A description of the proposed
			 project;
(b) An analysis of the
			 cost-effectiveness of the project and the alternatives considered;
(c) For the selected alternative, a concise
			 description which addresses, at a minimum, the following areas:
1. the relevant design parameters for the
			 project;
2. the estimated capital
			 construction and operation and maintenance costs of the project (identifying
			 possible federal, state, local, and other shares), and a description of the
			 manner in which costs will be financed;
3. the cost impacts on users of the system;
			 and
4. the institutional,
			 financial, legal and management arrangements necessary for successful
			 implementation of the project.
(d) A public participation program that
			 includes, at a minimum:
1. a public
			 informational meeting to discuss the project alternatives and their
			 environmental impact; and
2. a
			 subsequent public hearing on the selected proposed project, including its
			 environmental impact.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.10 - Environmental Review and Federal Cross-cutter Requirements

Current through Register 1525, July 5, 2024
(1)
Environmental Review
			 Requirements
. All projects approved by the Department to receive a
			 loan from the Trust shall, at a minimum, comply with the requirements of MEPA
			 and
			 301 CMR
			 11.00:
MEPA Regulations
. In addition,
			 a public hearing shall be held on the project if the Department determines that
			 the project is controversial, or if the Department otherwise determines that a
			 hearing is in the public interest. The Department may also require the eligible
			 borrower to consider project alternatives and to provide the public an
			 opportunity to comment on such alternatives.
(2)
Federal Cross-cutter
			 Requirements
. All projects to be funded by funds directly made
			 available by federal capitalization grants shall comply with all federal
			 cross-cutters applicable to the project, as determined by the Department. The
			 Department may require any other project to comply with one or more of the
			 federal cross-cutters deemed applicable to the project by the
			 Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.11 - Affirmative Action and Disadvantaged Business Enterprise Requirements

Current through Register 1525, July 5, 2024
(1) Eligible borrowers receiving financial
			 assistance from the Trust shall comply with applicable federal and state
			 anti-discrimination laws and requirements, including the Department's
			 requirements in the areas of Affirmative Action in employment and Disadvantaged
			 Business Enterprise (DBE) use in contracting.
(a) In the area of Affirmative Action, such
			 eligible borrowers shall adopt, for use in all contracts for $50,000 or more,
			 an adapted version of the Commonwealth of Massachusetts'
Supplemental
			 Equal Employment Opportunity Anti-discrimination and Affirmative Action
			 Program
. The contracts may include minority workforce percentages
			 greater than those required for the geographical locations of the construction
			 project as set forth in the Supplemental Program.
(b) In the area of DBE utilization, eligible
			 borrowers shall make positive efforts to use DBEs for use in all construction,
			 service and supply subagreements for the project financed by the loan.
Such efforts should achieve the applicable federal and/or state
				goals established for DBE participation, but, at a minimum, should allow DBEs
				the maximum feasible opportunity to compete for project subagreements.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 45.00 - Dep Selection, Approval and Regulation of Drinking Water Projects Receiving Financial Assistance from the State Revolving Fund › Section 45.12 - Project Approval and Regulation

Current through Register 1525, July 5, 2024
(1)
Application
.
(a) An
			 eligible borrower whose project is on the IUP Project Listing portion of the
			 calendar year priority list must first apply to the Department to receive a
			 loan from the Trust to finance costs of the project. The eligible borrower must
			 file a complete application with the Department containing the following
			 information and documentation:
1.
General Information
which must include evidence of a
			 funding authorization or commitment by the eligible borrower sufficient to
			 cover the project cost, and, as applicable, certification of the authority of
			 the eligible borrower to file the application.
2.
Financial
			 Information
pertinent to the Trust's evaluation of the eligible
			 borrower's ability to repay the loan.
3.
Project
			 Information
which demonstrates to the Department's satisfaction
			 that the project is sufficiently advanced in its implementation, including, as
			 applicable:
a. approvable plans and
			 specifications for the project;
b.
			 evidence that the eligible borrower has, at a minimum, filed applications for
			 any permits or environmental reviews applicable to the project; and
c. a project schedule that demonstrates to
			 the Department's satisfaction that the project will commence no later than six
			 months from the expected date of issuance of a project approval certificate,
			 assuming the Department determines that the project is approvable.
4.
Supplemental
			 Information
such as title to the project site or evidence of some
			 other appropriate property interest in the project site, any necessary
			 inter-municipal agreements, documentation related to the user charge system,
etc
.
5.
Applicant Certification
as to the completeness of the
			 application in accordance with the Department's application form and
			 requirements, and as to the accuracy and completeness of the information
			 provided by the eligible borrower in its application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 46.00 - Certification Of Well Drillers And Filing Of Well Completion Reports › Section 46.02 - Certification Requirements

Current through Register 1525, July 5, 2024
(1)
Certification Required
. Unless a holder of a
			 certificate in accordance with 310 CMR 46.02, or a registration in accordance
			 with the predecessor regulations, 313 CMR 3.00, no person shall engage in the
			 business of well drilling in the Commonwealth. This certification requirement
			 does not include wells used on a temporary basis for the purpose of dewatering
			 excavations, stabilizing hillsides or earth embankments, sampling soil gases,
			 or sampling groundwater if the installation tool is left in the ground less
			 than 48 hours.
(2)
Requirements for Certification
. To obtain a
			 certificate, an applicant must show satisfactory evidence that the applicant
			 has attained:
(a) experience in drilling
			 wells in Massachusetts by being actively engaged in drilling of productive
			 wells in Massachusetts under the immediate field supervision of a Massachusetts
			 certified well driller for at least 36 months prior to application
			 date;
(b) knowledge of well
			 drilling by passing a written general examination, prepared and administered by
			 the National Ground Water Association (NGWA), or by the Department;
			 and
(c) competency in the drilling
			 of wells sufficient to assume the function and duties of a certified well
			 driller, attested to in a sworn affidavit by a Massachusetts certified well
			 driller who supervised the applicant's work.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 46.00 - Certification Of Well Drillers And Filing Of Well Completion Reports › Section 46.03 - Certification Contents and Responsibilities

Current through Register 1525, July 5, 2024
(1)
Certified Well Driller
			 Identification.
(a)
Certificate
. To provide documentation of valid well
			 driller certification, following the applicant's payment of the applicable fee,
			 the Department will issue a Certificate to qualified applicants containing the
			 name, address, and certification number of the certified well driller, type of
			 well drilling for which the certification is valid, annual period of
			 validation, and the signature of the Commissioner, or the Commissioner's
			 designee. The Certificate is nontransferable, and the certification number
			 shall not be re-assigned if a certification is not renewed.
(b)
Advertisement
.
			 Any advertising of availability for hire to drill wells in Massachusetts shall
			 include the name and certification number of the certified well driller engaged
			 in the business being advertised.
(c)
Rig Permit and Rig Markings
			 for Field Identification
. For each well drilling rig used to
			 engage in the well drilling business in Massachusetts, a certified well driller
			 shall apply to the Department for a rig permit. Following the applicant's
			 payment of the applicable fee, the Department will issue a rig decal
			 designating the annual period for which the permit is valid. The decal shall be
			 affixed to the well drilling rig for which it is issued; in no case shall a
			 well drilling rig be operated without the decal affixed. For field
			 identification, the certified well driller shall display in a conspicuous
			 location on both sides of each well drilling rig the words "Massachusetts
			 Certified Well Driller" or "Massachusetts Certified Monitoring Well Driller"
			 (as specified on the Certificate), as well as the certification number. Letters
			 in these words shall be at least two inches high. If a certification is not
			 renewed or is suspended or revoked, or if a well drilling rig is no longer used
			 by the certified driller, all rig markings referring to Massachusetts
			 certification shall be removed.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 46.00 - Certification Of Well Drillers And Filing Of Well Completion Reports › Section 46.04 - Criteria for Suspension or Revocation of Certification, penalties and Other Actions

Current through Register 1525, July 5, 2024
(1) Any failure to
			 comply with
			 310 CMR 46.00, or any act or
			 failure to act which endangers public health or safety, shall be considered
			 sufficient criterion for the suspension or revocation of certification and for
			 other action by the Department and the Commonwealth, pursuant to applicable
			 law, including, but not limited to, civil, administrative and other penalties
			 and fines.
(2) Any well driller who
			 fails to certify with the Department and offers services for hire, or any
			 certified well driller who either fails to submit a well completion report in
			 accordance with
			 310 CMR
			 46.03(3), submits a report
			 that includes false, misleading or inaccurate statements, or falsifies a
			 certification application, is subject to suspension or revocation of
			 certification by the Department and to other action by the Department and the
			 Commonwealth, pursuant to applicable law, including, but not limited to, civil,
			 administrative and other penalties and fines.
(3) The Department may require any person to
			 provide information as the Department deems necessary to determine whether such
			 person is subject to, in violation of, or has violated M.G.L. c. 21G,§ 14,
			 M.G.L. c. 21G,§ 20 or
			 310 CMR 46.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 46.00 - Certification Of Well Drillers And Filing Of Well Completion Reports › Section 46.05 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				310 CMR 46.00 or its
				application is held to be invalid, such invalidity shall not affect any
				provisions of
				310 CMR 46.00 not
				specifically held invalid.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.01 - Authority

Current through Register 1525, July 5, 2024
The Department of Environmental Protection adopts
				310 CMR
				50.00 pursuant to M.G.L. c. 21I,§§ 3,10,11
				and 12.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.02 - Purpose

Current through Register 1525, July 5, 2024
(1) The Department of Environmental
			 Protection promulgates
			 310 CMR
			 50.00 to carry out its authority and responsibility:
(a) to promote toxics use reduction as the
			 preferred means for preventing risks associated with the production and use of
			 toxic substances, including risks to workers, consumers, the public and the
			 environment;
(b) to promote toxics
			 use reduction as the preferred means for achieving compliance with any state or
			 federal law or regulation pertaining to toxics production and use, hazardous
			 waste, industrial hygiene, worker safety, public exposure to toxics, or
			 releases of toxics into the environment;
(c) to promote resource conservation and
			 implementation of environmental management systems;
(d) to promote the coordination and
			 enforcement of federal and state laws and regulations pertaining to chemical
			 production and use, hazardous waste, industrial hygiene, worker safety, public
			 exposure to toxics and the release of toxics into the environment;
(e) to coordinate state programs in order to
			 promote most effectively toxics use reduction in the commonwealth;
(f) to minimize unnecessary duplication of
			 reporting requirements concerning chemical or hazardous substance production,
			 use, release, disposal, and worker exposure;
(g) to provide up-to-date and consistent
			 information about manufacturing, worker exposure, distribution, process, sale,
			 storage, release or other use of chemicals on a facility, regional and
			 statewide basis;
(h) to protect the
			 public health, safety and welfare;
(i) to provide for the proper administration
			 of and to otherwise effectuate the purposes of M.G.L. c. 21I.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.03 - Severability

Current through Register 1525, July 5, 2024
It is hereby declared that the provisions of
				310 CMR
				50.00 are severable, and if any provisions hereof or
				the application thereof to any person or any circumstance is held invalid, such
				invalidity shall not affect other provisions hereof or applications thereof
				which can be given effect without the invalid provision or
				application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.04 - Noncompliance with 310 CMR 50.00

Current through Register 1525, July 5, 2024
Any noncompliance with, failure to comply with, or violation of
				any provision of
				310 CMR
				50.00 shall constitute a violation of
				310 CMR
				50.00 for which the Department may take an enforcement
				action pursuant to M.G.L. c. 21A,§ 16 and
				310 CMR
				50.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.05 - Computation of Time

Current through Register 1525, July 5, 2024
Unless otherwise specifically provided by law,
				310 CMR
				50.00, or any determination issued pursuant to
				310 CMR
				50.00, any time period prescribed or referred to in
				310 CMR
				50.00 or in any determination issued pursuant to
				310 CMR
				50.00 shall begin with the first day following the act
				which initiates the running of the time period, and shall include every
				calendar day, including the last day of the time period so computed. If the
				last day is Saturday, sunday, legal holiday, or any other day in which the
				offices of the Department are closed, the deadline shall run until the end of
				the next business day. If the time period prescribed or referred to is less
				than seven days, only days when the offices of the Department are open shall be
				included in the computation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.20 - Rules for Determining Amount of Toxic Substance Manufactured, processed, or Otherwise Used

Current through Register 1525, July 5, 2024
(1) Toxics users
			 shall follow the rules set forth in 310 CMR 50.20 for purposes of determining
			 the amount or quantity of a toxic substance manufactured, processed, or
			 otherwise used at a facility. This includes, without limitation, the following
			 purposes:
(a) to determine whether the toxics
			 user is a large quantity toxics user or a small quantity toxics user,
			 or,
(b) to determine the amount of
			 a covered toxic manufactured, processed, or otherwise used at a
			 facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.21 - Duty to Provide Information

Current through Register 1525, July 5, 2024
(1) A
			 toxics user shall provide to the Department, within a reasonable time, any
			 information the Department may request and that is deemed by the Department to
			 be relevant in determining whether the toxics user is subject to the
			 requirements of
			 310 CMR
			 50.00 or is in compliance with
			 310 CMR
			 50.00.
(2)
			 A toxics user shall allow personnel or authorized agents of the Department,
			 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.
			 21I;
(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 requirements of
			 310 CMR
			 50.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.30 - Toxics Use Reports

Current through Register 1525, July 5, 2024
310 CMR 50.30 - 50.39, cited collectively as 310 CMR 50.30,
				establishes reporting requirements for toxics users.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.31 - Applicability

Current through Register 1525, July 5, 2024
(1) For facilities that are classified by SIC
			 codes 20 through 39, large quantity toxics users shall submit to the Department
			 a toxics use report in accordance with
			 310 CMR 50.32(1)
			  on or before July 1,1991.
(2) For facilities that are classified by SIC
			 codes 10 through 14,40,44 through 51,72,73,75 and 76, large quantity toxics
			 users shall submit to the Department a toxics use report in accordance with 310
			 CMR 30.31(2) on or before July 1,1992.
(3) Toxics users need not submit reports for
			 facilities that have less than ten full-time employees unless:
(a) the facility is within a priority user
			 segment pursuant to M.G.L. c. 21I,§ 14, and
(b) the Department requires the toxics user
			 to submit a report for the facility in accordance with M.G.L. c.
			 21I,§§ 10 and 14.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.33 - Content of Report

Current through Register 1525, July 5, 2024
Each toxics use report shall contain the following
				information:
(1) the information
			 required to be submitted under regulations promulgated pursuant to section 313
			 of EPCRA;
(2) the quantities of the
			 toxic or hazardous substance at the facility which are: manufactured;
			 processed; otherwise used; generated as byproduct prior to any handling,
			 transfer, treatment or release; and shipped as or in products from the
			 facility; and,
(3) if the sum of
			 the quantities of the toxic or hazardous substance which are manufactured,
			 processed and otherwise used are not approximately equal to the sum of the
			 quantities shipped in product and generated as byproduct, a general explanation
			 of why there is not an approximate materials balance.
(4) whether anything non-routine occurred at
			 the facility that affected the data reported and an explanation of how it
			 affected the data.
(5) whether the
			 toxic or hazardous substance is used to treat waste or control pollution and,
			 if so, the amounts used.
(6) for
			 each production unit at the facility in which the toxic or hazardous substance
			 is manufactured, processed or otherwise used, each toxics use report shall also
			 include the following information:
(a) the
			 information necessary to identify the toxics user, the facility, the toxic or
			 hazardous substance, and the production unit. The production unit shall be
			 identified by providing a description of the process, the product, the unit of
			 product, and the SIC code or corresponding NAICS code that best describes the
			 product.
(b) whether the toxic or
			 hazardous substance was used in the production unit in amounts:
1. greater than zero pounds but less than or
			 equal to 5,000 pounds;
2. greater
			 than 5,000 pounds but less than or equal to 10,000 pounds;
3. greater than 10,000 pounds, but less than
			 or equal to 100,000 pounds;
4.
			 greater than 100,000 pounds, but less than or equal to 500,000 pounds;
			 or
5. greater than 500,000
			 pounds.
(c) Amounts used
			 in waste treatment shall not be included in determining the amount used in the
			 production unit.
(d) whether the
			 use of any toxic substance or the generation of byproduct increased or
			 decreased by more than 10% compared to the previous reporting year and/or the
			 toxics user implemented toxics use reduction, and, if so, identification of
			 where in the process the change and/or toxics use reduction occurred and an
			 explanation for the change and/or toxics use reduction, including any toxics
			 use reduction techniques implemented.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.34 - Toxics Use Fee Worksheet

Current through Register 1525, July 5, 2024
With each report submitted pursuant to
				310 CMR
				50.32, the toxics user shall also submit to
				the Department a Toxics Use Fee Worksheet on forms prescribed by the
				Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.36 - Recordkeeping Requirements

Current through Register 1525, July 5, 2024
(1) The toxics user
			 shall establish and maintain at the facility documentation which is necessary
			 to substantiate all information submitted in each report, including, but not
			 limited to, the following:
(a) documentation
			 required by
			 40
			 CFR Part 372.10;
(b) documentation supporting the toxics
			 user's determination of the quantity of the toxic substance manufactured,
			 processed, or otherwise used at the facility. If, in determining the quantity
			 of the toxic substance manufactured, processed or otherwise used at the
			 facility, the toxics user does not consider any or all of a toxic substance
			 pursuant to
			 310
			 CMR 50.20, the toxics user shall maintain
			 documentation necessary to support the exclusion;
(c) documentation supporting the toxics
			 user's determination of the quantity of the covered toxic generated as
			 byproduct, prior to any handling, treatment, transfer, or release, by the
			 facility;
(d) documentation
			 supporting the toxics user's determination of the quantity of the covered toxic
			 shipped from the facility as or in product;
(e) documentation supporting the toxics
			 user's determination of the amount of the covered toxic manufactured,
			 processed, or otherwise used in each production unit at the facility;
(f) documentation supporting the toxics
			 user's determination of the quantity of the covered toxic generated as
			 byproduct by each production unit;
(g) documentation supporting the toxics
			 user's determination of the quantity of the covered toxic used to treat waste
			 or control pollution;
(h) for each
			 production unit included in the report, documentation supporting and explaining
			 the toxics user's designation of the production unit;
(i) documentation supporting the toxics
			 user's determination of the number of units of product produced by each
			 production unit and documentation that describes and defines the unit of
			 product.
(j) for each production
			 unit in which the use of a toxic substance or generation of byproduct increased
			 or decreased by more than 10% from the previous reporting year the following
			 documentation:
1. documentation supporting the
			 toxics user's determination that implementation of a specific toxics use
			 reduction technique, management technique, combination of techniques, or other
			 factors resulted in the change in toxics use or byproduct generation for a
			 specific production operation;
2.
			 an explanation and description of each toxics use reduction technique,
			 management technique, combination of techniques, or other factors that resulted
			 in the change in toxics use or byproduct generation, including a description of
			 how the toxics use reduction technique, management technique, or combination of
			 techniques was used on the production operation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.40 - Toxics Use Reduction Plans

Current through Register 1525, July 5, 2024
310 CMR 50.40 through 50.49, cited collectively as 310 CMR
				50.40, establishes requirements for developing toxics use reduction
				plans.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.41 - Applicability and Schedule

Current through Register 1525, July 5, 2024
(1) Large quantity
			 toxics users shall prepare and complete a toxics use reduction plan for each
			 facility by July 1st of each even-numbered calendar
			 year in which they are required to file a toxics use report pursuant to
			 310 CMR 50.30,
			 provided the even-numbered year is not the same year in which a toxics user
			 first files a toxics use report.
(2) Toxics users need not prepare plans for
			 facilities that have less than ten full-time employees unless:
(a) the facility is within a priority user
			 segment pursuant to M.G.L. c. 21I,§ 14, and
(b) the Department requires the toxics user
			 to submit a report for the facility in accordance with M.G.L. c.
			 21I,§§ 11 and 14.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.42 - General Plan Requirements

Current through Register 1525, July 5, 2024
(1) All plans and
			 plan summaries shall include each covered toxic required, pursuant to
			 310 CMR 50.30,
			 to be included in the facility's toxics use report due on the same date that
			 the plan summary is due.
(2) All
			 plans and plan summaries shall include each production unit required, pursuant
			 to
			 310 CMR 50.30,
			 to be included in the facility's toxics use report due on the same date that
			 the plan summary is due.
(3) Each
			 plan shall include the following written statement signed by a certified toxics
			 use reduction planner: "Based on my independent professional judgment as a
			 toxics use reduction planner, I certify under penalty of law that the following
			 is true:
(a) I have examined and am familiar
			 with this toxics use reduction plan;
(b) the plan satisfies the requirements of
			 310 CMR
			 50.40; and
(c) the plan demonstrates a good faith and
			 reasonable effort to identify and evaluate toxics use reduction options."
Notwithstanding any professional designation held by a
				certified toxics use reduction planner or any trade organization of which that
				planner is a member by way of license, registration, certification, or similar
				qualification, the signed certification statement shall not mean that such
				planner signs in the capacity of anything other than a toxics use reduction
				planner.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.43 - Facility-wide Information Required in Each Plan

Current through Register 1525, July 5, 2024
Toxics users shall develop and include in the plan the
				following facility-wide information:
(1) a statement of the management policy of
			 the facility regarding toxics use reduction. This statement shall include, but
			 not be limited to, a description of the ways in which the toxics user
			 encourages toxics use reduction and a description of any policy applicable to
			 the facility that encourages or discourages toxics use reduction. This
			 statement may include, without limitation, the following information:
(a) a description of how toxics use reduction
			 affects the facility's policy or decisions concerning research and
			 development;
(b) a description of
			 how toxics use reduction affects the facility's policy or decisions concerning
			 financial investments or capital investments;
(c) a description of how toxics use reduction
			 affects the facility's policy or decisions concerning hiring, promotions or
			 bonuses, or other incentives, for facility employees;
(d) any other policy applicable to the
			 facility that encourages or discourages toxics use reduction.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.44 - Production Unit Information Required in Each Plan

Current through Register 1525, July 5, 2024
For each production unit, toxics users shall determine or
				develop, and include in the plan, the following information:
(1) a process flow diagram in accordance with
			 the following:
(a) The process flow diagram
			 shall be a visual representation of the movement of covered toxics through the
			 process or processes within the production unit, including, but not limited to,
			 covered toxics that flow into the process or processes and covered toxics that
			 flow out of the process or processes as byproducts or products and covered
			 toxics that are released to the environment as emissions or transferred
			 off-site as emissions. The process flow diagram shall account for each
			 manufacturing or process step in the production unit, and shall include waste
			 treatment activities, and recycling activites that are not integral to the
			 production unit, associated with the production unit. The process flow diagram
			 may represent the movement of substances or other materials that are not
			 covered toxics through the process or processes within the production
			 unit.
(b) The number assigned to
			 the production unit as reported in the facility's toxics use report due on the
			 same date that the plan summary is due shall appear on the process flow
			 diagram.
(c) The process flow
			 diagram shall present the movement of each covered toxic through the production
			 unit, including, but not limited to, each general location at which the covered
			 toxic enters the production unit and each general location at which the covered
			 toxic exits the production unit as a byproduct, emission, or product.