Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › CLASS II RECYCLING PROGRAM › Section 19.303 - Class II Recycling Program

Current through Register 1525, July 5, 2024
(1)
Class II Recycling Program Application
. To qualify as
				  a Waste Energy Generation Unit, a Facility shall submit to the Department for
				  approval a solid waste permit modification application that complies with the
				  Class II Recycling Program requirements at 310 CMR 19.303(1) through (4). The
				  permit modification decision issued by the Department pursuant to 310 CMR
				  19.303 shall be limited to the Class II Recycling Program as described in 310
				  CMR 19.303. The permit modification application shall be limited to matters
				  related to the Class II Recycling Program as described in 310 CMR 19.303 and
				  shall include, but not be limited to, the following:
(a)
Waste Characterization
				  Study
. Identification of an experienced and competent professional
				  to conduct the waste characterization study of the solid waste received at the
				  Facility as required pursuant to 310 CMR 19.303(3), including the
				  qualifications of such a person;
(b)
Electronic Tracking
				  System
. Documentation demonstrating that the Facility has
				  installed an electronic tracking system that records for every incoming solid
				  waste load the following information: truck owner; container owner;
				  truck/container type and size; date and time of delivery; and generator(s) (to
				  the extent known); and
(c)
Waste Ban Compliance Professional
. Evidence of a
				  contract with an independent third party (the Waste Ban Compliance
				  Professional) to assess compliance with the Waste Bans at
				  310 CMR 19.017 by
				  haulers and generators delivering waste to the Facility.
1. Such contract shall require the Waste Ban
				  Compliance Professional to:
a. Visually
				  monitor all incoming loads on a minimum of ten random days every three months
				  ("reporting period"). The Waste Ban Compliance Professional shall not notify
				  the facility of the days chosen.
b.
				  Spread on the tip floor any load not failed based on visual monitoring but
				  which is suspected to exceed the allowable limits for waste ban materials as
				  specified in the facility's Waste Ban Compliance Plan.
c. Be available to meet with the Department
				  quarterly.
d. Receive training from
				  the Department on waste ban inspection protocols.
2. Loads found to be noncompliant with the
				  Waste Bans in accordance with 310 CMR 19.303(1)(c)1. shall be recorded using
				  photographs, weigh slips, and standardized waste tracking forms developed by
				  the Department. Such forms may include, but not be limited to, hauler and
				  generator information (to the extent known) and the percentage of the load that
				  is comprised of waste ban material(s);
3. Within 15 days after the end of each
				  reporting period, the Waste Ban Compliance Professional shall conduct a
				  comparative analysis of the percentage of failed loads identified by the Waste
				  Ban Compliance Professional in accordance with 310 CMR 19.303(1)(c)1. and 2.
				  with the percentage of failed loads documented pursuant to the Facility's
				  ongoing Waste Ban monitoring protocols in accordance with
				  310 CMR
				  19.017;
4. The Facility and its Waste Ban Compliance
				  Professional shall be available to meet with the Department quarterly;
				  and
5. The Waste Ban Compliance
				  Professional shall receive training from the Department on waste ban inspection
				  protocols.
(d)
Alternative to a Waste Ban Compliance Professional
.
				  The facility may, in lieu of the provisions of 310 CMR 19.303(1)(c), place 3%
				  of the revenue from the sale of any RPS Class II Waste Energy Generation
				  Attribute into the Sustainable Materials Recovery Program Expendable Trust
				  ("Trust") no later than 30 days after the receipt of funds from any such sale.
				  These funds, which are in addition to the funds described in 310 CMR
				  19.303(2)(b), shall be used by the Department to hire an independent third
				  party to perform the activities defined at 310 CMR 19.303(1)(c). If the revenue
				  placed in the Trust pursuant to this provision is not spent by the Department
				  in a specific state fiscal year, the excess shall be credited to the facility's
				  obligation under 310 CMR 19.303(1)(d) for the next year.