Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part II - BOARD OF HEALTH PUBLIC HEARINGS › Section 16.21 - Alternative Use of Assigned Site

Current through Register 1525, July 5, 2024
(1)
Site Assignment
. Where a site has been assigned as a
				dumping ground or a refuse disposal incinerator pursuant to St. 1955, c. 310,
				§ 2, a different solid waste activity shall not be conducted at the site
				except in accordance with a new or modified site assignment established in
				accordance with
				310 CMR 16.00, except as
				specified at 310 CMR 16.21(3)(a).
(2)
General Use Site
				Assignment
. Where a site assignment does not contain a condition
				limiting its use to a particular method of solid waste management, a new or
				modified site assignment is not required to obtain a permit for any solid waste
				management activity at the site.
(3)
Specific Use Site
				Assignment
. Where a site is assigned for a specific solid waste
				purpose, a different solid waste activity or any activity regulated pursuant to
				310 CMR
				16.03,
				16.04
				or
				16.05
				shall not be conducted at the site except in accordance with a new or modified
				site assignment, except as allowed at 310 CMR 16.21(3)(a), (b) or (c):
(a)
Recycling, Composting or
				Conversion
. Recycling, composting or conversion may be conducted
				in accordance with
				310 CMR
				16.03,
				16.04
				or
				16.05,
				as applicable, at any assigned disposal or handling facility without requiring
				a new or modified site assignment; provided however, if the recycling,
				composting or conversion operation cannot be conducted at such assigned
				facility consistent with its site assignment, then the site assignment shall be
				modified before the owner or operator commences operation of the recycling,
				composting or conversion operation.
(b)
Handling Facility at a Closed
				or Inactive Landfill or Combustion Facility Site
. A site which has
				been assigned for use as a landfill or combustion facility, which has been
				closed or is in the process of imminently closing, shall not require a new or
				modified site assignment to obtain an approval for the storage, transfer or
				processing of solid waste when:
1. the
				facility does not receive solid waste in excess of the tonnage limits stated in
				the site assignment for landfilling, or combustion or processing;
2. the site assignment does not contain a
				condition which directly or indirectly prohibits the handling activity or
				establishes a date for the termination of all solid waste activities at the
				site which is shorter than the anticipated useful life of the handling
				facility; and
3. the site meets the
				suitability criteria at
				310 CMR
				16.40(3)(d), unless a waiver
				of one or more criteria has been granted pursuant to 310 16.40(6).
(c)
Other Solid Waste
				Activity listed at
				310 CMR
				16.03(2)(a)
.
				Solid Waste Activities listed at
				310 CMR
				16.03(2)(a)  may be
				conducted at any assigned disposal or handling facility without requiring a new
				or modified site assignment.