Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.864 - Research Facility License

Current through Register 1525, July 5, 2024
(1)
Applicability.
(a)310 CMR 30.864 is intended to protect
				public health, safety, and welfare, and the environment, by regulating the
				handling of hazardous waste on which a research study, as defined in
				310 CMR 30.010, is
				being conducted. 310 CMR 30.864 applies to hazardous wastes on which a research
				study is being conducted, and does not apply to non-hazardous wastes on which
				such study is being conducted.
(b)310 CMR 30.864 is promulgated pursuant to
				the authority set forth in
				310 CMR 30.001. 310 CMR
				30.864 is also promulgated pursuant to the authority set forth in M.G.L. c.
				21C, § 4 to waive regulation where there is no significant potential
				hazard to the public health, safety, or welfare, or the environment.
(c) Except as otherwise provided in 310 CMR
				30.864, all procedures and requirements for licensing hazardous waste
				facilities, set forth in 310 CMR 30.000, are presumed to apply unless the
				Department is persuaded by the applicant for, or the holder of, a research
				facility license that the waiver of any of these requirements will not present
				a significant potential hazard to the public health, safety, or welfare, or the
				environment. The burden shall be on the applicant for, or the holder of, a
				research facility license to persuade the Department that the waiver of any of
				these requirements will not present a significant potential hazard to the
				public health, safety, or welfare, or the environment. The Department may deem
				any license requirement in
				310 CMR
				30.800 to be applicable. The Department may
				modify or waive any requirements in
				310 CMR
				30.800, except that the Department may
				modify, but may not waive, requirements regarding financial responsibility,
				including insurance, or procedures regarding public participation.
(d) Nothing in 310 CMR 30.864 shall preclude
				a site or works licensed or otherwise authorized pursuant to
				310 CMR
				30.099,
				30.104(3)(b)
				and (c), 30.200,
				30.801,
				30.862
				or
				30.863
				from being licensed additionally as a research facility pursuant to 310 CMR
				30.864, provided that such site or works shall obtain and have in effect a
				valid research facility license prior to commencing construction, operation or
				maintenance directly associated with research study activity.
(e) Nothing in 310 CMR 30.864 shall preclude
				a research facility licensed pursuant to 310 CMR 30.864 from being licensed or
				otherwise authorized pursuant to
				310 CMR
				30.099,
				30.104(3)(b)
				and (c), 30.200,
				30.801,
				30.862
				or
				30.863,
				provided that such research facility shall obtain and have in effect such
				license or authorization prior to commencing construction, operation or
				maintenance directly associated with such license or authorization.
(f) A license issued pursuant to 310 CMR
				30.864 authorizes the licensee to store, treat, dispose or recycle hazardous
				waste, or otherwise to accept, handle or process hazardous waste at the
				research facility, only for the purpose of conducting research study activity,
				and only in strict compliance with the terms and conditions of such license. If
				any person intends to store, treat, dispose or recycle hazardous waste for a
				purpose other than to conduct research study activity, such person shall be
				licensed or otherwise authorized pursuant to
				310 CMR
				30.099,
				30.104(3)(b)
				and (c), 30.200,
				30.801,
				30.862,
				or
				30.863.