reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.001 - Authority

Current through Register 1525, July 5, 2024
310 CMR 30.000 is promulgated by the Commissioner of the
				  Department of Environmental Protection pursuant to the authority granted by
				  M.G.L. c. 21A, § 2, M.G.L. c. 21C, §§ 4 and 6, M.G.L. c. 21E,
				  § 6, and by St. 1987, c. 587, § 47.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.002 - Purpose

Current through Register 1525, July 5, 2024
310 CMR 30.000 is intended to protect public health, safety,
				  and welfare, and the environment, by comprehensively regulating the generation,
				  storage, collection, transport, treatment, disposal, use, reuse, and recycling
				  of hazardous waste in Massachusetts. 310 CMR 30.000 should be read together
				  with M.G.L. c. 21C and c. 21E, § 6 and by St. 1987, c. 584, § 47,
				  each of which has many important substantive requirements not repeated in 310
				  CMR 30.000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.003 - Rules of Construction

Current through Register 1525, July 5, 2024
(1)310 CMR 30.000
				shall be construed to effectuate the purposes of M.G.L. c. 21C and the federal
				Resource Conservation and Recovery Act.
(2) As used in 310 CMR 30.000, words in the
				singular also include the plural.
(3) Words in the masculine gender also
				include the feminine and neuter genders.
(4) No provision of 310 CMR 30.000 shall be
				construed to limit the Department's authority to take or arrange for, or to
				require any person to perform, any response action authorized by M.G.L. chs.
				21C or 21E which the Department deems necessary to protect health, safety,
				public welfare or the environment.
(5) The provisions of 310 CMR 30.000 are
				severable, and if any provision hereof or the application thereof to any person
				or 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.
(6) Federal statutes and regulations which
				are cited within 310 CMR 30.000 but which are not specifically adopted by
				reference shall be used as guidance in interpreting the state regulations in
				which they appear.
(7) No provision
				of 310 CMR 30.000 shall be construed to relieve any person of the necessity of
				complying with all other applicable federal, state or local laws
				(
e.g
., the more stringent requirements and effective dates
				established pursuant to the federal Hazardous and Solid Waste
				Amendments).
(8) No provision of
				310 CMR 30.000 (or 310 CMR 40.0000:
Massachusetts Contingency
				Plan
) shall be construed to limit the Department's authority to
				require additional response actions on a case-by-case basis in accordance with
				310 CMR
				30.829, when necessary to protect health,
				safety, public welfare or the environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.004 - Effective Date

Current through Register 1525, July 5, 2024
Each provision in 310 CMR 30.000 and each subsequent revision
				  shall be effective and have the force of law upon publication of the provision
				  or revision in the
Massachusetts Register
. Every other state
				  title shall be effective and have the force of law in accordance with the
				  provisions of each. If a state title fails to state a date from when it is to
				  be effective, it shall become effective upon publication in the
Massachusetts Register
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.005 - Computation of Time

Current through Register 1525, July 5, 2024
Unless otherwise specifically provided by law, 310 CMR
				  30.000, or any determination issued pursuant to 310 CMR 30.000, any time period
				  prescribed or referred to in 310 CMR 30.000 or in any determination issued
				  pursuant to 310 CMR 30.000 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 a 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 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.006 - Accurate and Timely Submittals to the Department

Current through Register 1525, July 5, 2024
(1) No person shall make any false,
				inaccurate, or misleading statement in any application, record, report, plan,
				or statement which that person submits, or is required to submit, to the
				Department pursuant to M.G.L. c. 21C, 310 CMR 30.000, or any order issued by
				the Department.
(2) Any
				application, record, report, plan, or statement which any person is required to
				submit to the Department shall be submitted within the time period presented in
				M.G.L. c. 21C, 310 CMR 30.000, or any order issued by the Department, unless
				otherwise specified by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.007 - Accurate and Complete Record Keeping; Automatic Extension

Current through Register 1525, July 5, 2024
(1) No person shall make any false or
				misleading statement in any record, report, plan, file, log, or register which
				that person keeps, or is required to keep, pursuant to M.G.L. c. 21C, or 310
				CMR 30.000. Any record, report, plan, file, log, or register which any person
				is required to keep shall be filled out completely and otherwise kept in
				compliance with M.G.L. c. 21C, 310 CMR 30.000, or any order issued by the
				Department.
(2) The periods
				prescribed in 310 CMR 30.000, including
				310
				CMR 30.331, for keeping records shall be
				extended automatically for the duration of any unresolved enforcement action
				regarding the activity in question or as ordered by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.008 - Accurate Monitoring

Current through Register 1525, July 5, 2024
No person shall falsify, tamper with, or render inaccurate
				  any monitoring device or method which any person maintains, or which is
				  required to be maintained pursuant to M.G.L. c. 21C or 310 CMR 30.000. Any
				  monitoring which any person is required to perform shall be promptly, fully and
				  accurately performed and shall otherwise be in compliance with M.G.L. c. 21C,
				  310 CMR 30.000, or any order issued by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.009 - Certification

Current through Register 1525, July 5, 2024
(1) Any person signing a document pursuant to
				310
				CMR 30.062,
				30.142,
				30.800, or when providing any
				other information ordered or requested by the Department pursuant to 310 CMR
				30.000, shall make the following certification: "I certify under penalty of law
				that I have personally examined and am familiar with the information submitted
				in this document and all attachments and that, based on my inquiry of those
				individuals immediately responsible for obtaining the information, I believe
				that the information is true, accurate, and complete. I am aware that there are
				significant penalties for submitting false information, including possible
				fines and imprisonment."
(2) This
				certification need not appear on a manifest, but every person signing a
				manifest shall comply with
				310
				CMR 30.006 and
				30.007.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.011 - References to Code of Federal Regulations

Current through Register 1525, July 5, 2024
(1) References to
				federal regulations within 310 CMR 30.000 shall refer to those regulations in
				effect as follows:
(a) Any reference to Title
				40 of the Code of Federal Regulations (40 CFR) refers to those regulations in
				effect on July 1, 2008, unless otherwise specified.
(b) Any reference to Title 49 of the Code of
				Federal Regulations (49 CFR) refers to those regulations in effect on October
				1, 2007, unless otherwise specified.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.020 - Imminent Threats

Current through Register 1525, July 5, 2024
(1) If, in making a
				determination which may be the subject of an adjudicatory hearing under M.G.L.
				c. 30A, the Department finds that an imminent threat to the public health,
				welfare, safety, or to the environment could result pending the conclusion of
				the adjudicatory hearing requested thereon, the Department may, pursuant to
				M.G.L. c. 21C, § 11, order that the determination become provisionally
				effective and enforceable immediately upon issuance, and shall remain so
				notwithstanding and until the conclusion of any adjudicatory hearing
				procedures.
(2) Any person
				aggrieved by an imminent threat finding made pursuant to
				310
				CMR 30.020(1)  may, by the
				close of the next business day after the receipt of the determination, request
				an adjudicatory hearing for the sole purpose of adjudicating whether the
				determination should become provisionally effective and enforceable
				immediately. This adjudicatory hearing shall not be for the purpose of
				adjudicating the merits of the determination. If a request for hearing is not
				made within this deadline, the Department's finding shall be deemed assented
				to. Such request for hearing may be made orally, in writing, or by telephone,
				and the Department shall proceed to schedule such hearing, as soon as is
				reasonably possible, for the following purposes:
(a) To allow the person requesting the
				hearing to show cause why such order should not take effect immediately;
				and
(b) To allow the person
				requesting the hearing to show cause why such alleged violation or violations
				do not constitute an imminent danger to the public health, safety, or welfare
				or to the environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.030 - Presumption of Irreparable Harm

Current through Register 1525, July 5, 2024
Any violation of M.G.L. c. 21C, of 310 CMR 30.000, or of any
				  order, license, or approval issued thereunder, shall be presumed to constitute
				  irreparable harm to the public health, safety, and welfare, and to the
				  environment. Such presumption may be rebutted by the introduction of competent
				  evidence.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.040 - Recording Notice of License and of Past Disposal

Current through Register 1525, July 5, 2024
(1) No
				storage, treatment, use, or disposal for which a license is required pursuant
				to 310 CMR 30.000, and no construction, maintenance, or operation of a facility
				for which such license is required, shall proceed until the owner of the land
				affected thereby has recorded notice of the issuance of such license in the
				appropriate Registry of Deeds or, if the land in question is registered land,
				in the registry section of the land court for the district wherein the land
				lies. The landowner shall submit to the Department a certified copy of each
				notice described in
				310
				CMR 30.040(1), including the
				date and book and page numbers of recording of such notice, within 30 days
				after the landowner receives the recorded notice from the registry.
(2) No land on or in which hazardous waste
				has been disposed, and no interest in such land, shall be conveyed or leased,
				and no such land shall be devoted to any use other than as a facility for such
				disposal, until notice of such disposal is recorded in the registry of deeds,
				or if the land affected thereby be registered land, in the registry section of
				the land court for the district wherein the land lies.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.061 - Who Must Notify and Obtain an EPA Identification Number

Current through Register 1525, July 5, 2024
(1)
				Any person who generates hazardous waste and any person who transports
				hazardous waste, or who owns or operates a facility for the treatment, storage,
				use, or disposal of hazardous waste, shall notify the Department of such
				activity and obtain an EPA Identification number.
(2) Any person who generates hazardous waste,
				or who owns or operates a facility for the use, treatment, storage, or disposal
				of hazardous waste, shall promptly notify the Department in writing whenever
(a) the person who submitted the original or
				most recent notification form is no longer the same person as the person who is
				the generator of the hazardous waste covered by said notification form, or the
				person who is the owner or operator of the facility covered by said
				notification form. If the facility is a facility having interim status pursuant
				to RCRA, the provisions of
				310
				CMR 30.099(8)  shall apply.
				If the facility is licensed pursuant to
				310
				CMR 30.800, the provisions of
				310
				CMR 30.828 shall apply; or
(b) there is a change in the name or mailing
				address (the provisions of
				310
				CMR 30.063(1)  shall apply
				to changes in the address of the site) of, or the contact individual for, the
				person who submitted the original or most recent notification form.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.062 - Form of the Notification

Current through Register 1525, July 5, 2024
Except as provided in
				  310
				  CMR 30.061(2)  notification
				  shall be on a form prescribed by the Department and shall include the following
				  information:
(1) The name and address
				of the generator, transporter, user, or facility for which notification is
				being given.
(2) The address of the
				site for which notification is being given.
(3) The EPA identification number of the
				generator, transporter, user, or facility if one has been assigned.
(4) The name and telephone number of the
				individual who should be contacted regarding information contained in the
				notification.
(5) The name of the
				legal owner of the generator, transporter, user, or facility.
(6) The type of activity involving hazardous
				waste or regulated recyclable material for which notification is being given,
i.e.
generation, transportation, treatment, storage, use, or
				disposal.
(7) For generators of
				hazardous waste or regulated recyclable material, information showing whether
				or not the generator is a Very Small Quantity Generator pursuant to
				310
				CMR 30.353, a Small Quantity Generator
				pursuant to
				310
				CMR 30.351, or a Large Quantity Generator
				subject to
				310
				CMR 30.340.
(8) The name and EPA or Massachusetts
				hazardous waste number of each hazardous waste or regulated recyclable material
				handled by the generator, transporter, user, or facility. Transporters who do
				not generate, use, store, treat, or dispose of hazardous waste, and persons
				conducting activities regulated pursuant to
				310
				CMR 30.393(3), are not
				required to complete this section of the notification form with respect to such
				activities.
(9) Certification, in
				compliance with
				310
				CMR 30.009.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.063 - Number of Forms

Current through Register 1525, July 5, 2024
(1) Any person who
				generates or uses hazardous waste, or owns or operates facilities, at more than
				one site or at a site or sites different from what was covered in a previously
				submitted notification form, shall submit a separate notification form for each
				such site.
(a) Each separate notification form
				shall cover only one site and shall cover all the hazardous waste activities at
				that site. An individual generation site, such as a large manufacturing plant,
				may have one or more sources of hazardous waste but is considered a single or
				individual generation site if the site or property is contiguous.
(b) For each separate notification form, the
				Department shall assign a separate EPA identification number. Each EPA
				identification number shall be valid only for the site covered by the
				notification form.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.064 - Change of Hazardous Waste Handled

Current through Register 1525, July 5, 2024
Any person who has provided either to the EPA or to the
				  Department proper notification of hazardous waste activity and has received an
				  EPA identification number may handle additional hazardous wastes, not included
				  in the original notification, only after complying with the following:
(1) A generator shall notify the Department
				in writing of the additional hazardous waste to be generated; or
(2) An owner or operator of a facility may
				store, treat, or dispose of a hazardous waste which was not previously
				identified in the facility's Part A application provided:
(a) the storage, treatment or disposal of the
				previously unidentified hazardous waste is eligible for interim status
				authorization and the owner or operator notifies the Department in writing at
				least 45 days before the treatment, storage or disposal of such hazardous waste
				commences; or
(b) the owner or
				operator obtains from the Department, pursuant to
				310 CMR
				30.800, a license or license modification
				which authorizes the storage, treatment or disposal of the previously
				unidentified hazardous waste before the storage, treatment or disposal of such
				hazardous waste commences.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.099 - Interim Status Facilities

Current through Register 1525, July 5, 2024
(1)
Qualifying for Interim Status.
(a) Any person who owns or operates an
				"existing hazardous waste management facility" or a facility in existence on
				the effective date of statutory or regulatory amendments under M.G.L. c. 21C
				that render the facility subject to the requirement to have a license pursuant
				to
				310 CMR
				30.800 shall have interim status to the
				extent the owner or operator has:
1. complied
				with the requirements of 310 CMR 30.060 pertaining to notification of hazardous
				waste activity; and
2. complied
				with the requirements of 310 CMR 30.099(2) governing submission of Part A
				applications.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.101 - Purpose and Scope

Current through Register 1525, July 5, 2024
310 CMR 30.101 through 30.199, cited collectively as
				  310 CMR
				  30.100, identify or otherwise describe those
				  wastes which are subject to 310 CMR 30.000, establish provisions for
				  classifying waste as non-hazardous, and prescribe testing methods and
				  procedures.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.102 - Methods of Identification of Hazardous Wastes

Current through Register 1525, July 5, 2024
(1) The Department uses two methods to
				identify or otherwise describe which wastes are regulated as hazardous wastes.
				Based upon the general criteria specified in
				310
				CMR 30.110 through
				30.112,
				these methods are:
(a) Identification of the
				characteristics of hazardous waste; and/or
(b) Listing of specific types or sources of
				hazardous waste and of acutely hazardous waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.103 - Hazardous Waste Numbers

Current through Register 1525, July 5, 2024
(1) A hazardous
				waste which is identified by one or more characteristics in
				310 CMR
				30.120 through
				30.125
				is assigned every EPA Hazardous Waste Number that is applicable as established
				pursuant to
				310 CMR
				30.120 through
				30.125.
				Except as indicated in 310 CMR 30.103(3), each applicable Hazardous Waste
				Number shall be used in complying with the notification requirements of 310 CMR
				30.060 through
				30.064
				and all applicable recordkeeping and reporting requirements prescribed in 310
				CMR 30.300 through
				30.900.
(2) Each hazardous waste listed in
				310 CMR
				30.130 through
				30.136
				is assigned a Hazardous Waste Number which precedes the name of the waste. This
				number is either an EPA Hazardous Waste Number or a Massachusetts Hazardous
				Waste Number. This number, in addition to any Hazardous Waste Numbers
				applicable to the waste pursuant to 310 CMR 30.103(1), shall be used in
				complying with the notification requirements of 310 CMR 30.060 through
				30.064
				and all applicable recordkeeping and reporting requirements prescribed by 310
				CMR 30.300 through
				30.900.
(3) As specified in
				40 CFR
				268.9(b) and as incorporated
				by reference at
				310 CMR
				30.750, for a waste subject to
				310 CMR
				30.750 that is both listed under
				310 CMR
				30.130 through
				30.136
				and exhibits a characteristic under
				310 CMR
				30.120, the treatment standard for the waste
				code listed under
				310 CMR
				30.130 through
				30.136
				will operate in lieu of the standard for the waste code under
				310 CMR
				30.120, provided that the treatment standard
				for the listed waste includes a treatment standard for the constituent that
				causes the waste to exhibit the characteristic. Otherwise, the waste must meet
				the treatment standards for all applicable listed and characteristic waste
				codes.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.104 - Wastes Subject to Exemption from 310 CMR 30.000

Current through Register 1525, July 5, 2024
A waste identified in 310 CMR 30.104 is exempt from the
				  requirements of 310 CMR 30.000 when handled in compliance with the
				  requirements, if any, established by or referenced in 310 CMR 30.104 for that
				  waste. A waste that is exempted from 310 CMR 30.000 may still be subject to
				  other federal, state or local requirements. A waste identified in 310 CMR
				  30.104 that is not managed in compliance with the terms established by or
				  referenced in 310 CMR 30.104 is a hazardous waste and is subject to all
				  applicable requirements of 310 CMR 30.000.
(1)
Wastes Based Upon Exclusions
				from the Definition of Hazardous Waste Pursuant to M.G.L. c. 21C.
(a) Domestic sewage and any mixture of
				domestic sewage and other waste that passes through a sewer system to a
				publicly owned treatment works, provided that the other waste is legally
				discharged to the sewer system. "Domestic sewage" means untreated sanitary
				wastes that pass through a sewer system.
(b) Industrial wastewater discharges that are
				point source discharges permitted pursuant to M.G.L. c. 21, § 43 or
				subject to permits under section 402 of the Federal Water Pollution Control Act
				of 1967 as amended, or managed in compliance with 310 CMR 71.00. This exclusion
				applies only to the actual point source discharge. It does not exclude
				industrial wastewaters while they are being collected, stored or treated before
				discharge, nor does it exclude sludges that are generated by industrial
				wastewater treatment.
(c)
				Irrigation return flows.
(d)
				Source, special nuclear or by-product material as defined by the Atomic Energy
				Act of 1954, as amended,
				43 U.S.C. §
											2011
et seq
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.105 - Exemption for PCB Wastes Regulated Pursuant to Toxic Substances Control Act

Current through Register 1525, July 5, 2024
(1) PCB waste, as defined in
				40 CFR
				761.3, consisting of dielectric fluid or
				electrical equipment containing dielectric fluid that would be subject to
				hazardous waste regulation due to the presence of PCBs are exempt from 310 CMR
				30.000 provided:
(a) the waste is regulated
				pursuant to 40 CFR 761, as in effect on July 1, 2002;
(b) the waste does not meet the description
				of any listing (
see
,
e.g.
,
				310
				CMR 30.131 describing MA01 and MA02);
				and
(c) the waste is hazardous
				solely because it exhibits the Toxicity Characteristic (D018 -D043
				only).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.106 - Exemption for Residues of Hazardous Waste in Empty Containers and Tanks

Current through Register 1525, July 5, 2024
(1) Any residue of hazardous waste remaining
				in either an empty container or an inner liner removed from an empty container,
				as defined in 310 CMR 30.106(2), is not subject to regulation under 310 CMR
				30.000. Any residue of hazardous waste in either a container that is not empty
				or an inner liner removed from a container that is not empty, as defined in 310
				CMR 30.106(2), is subject to regulation under 310 CMR 30.000.
(2)
Definition of
				Empty.
(a) A container or an
				inner liner removed from a lined container that has held any hazardous material
				or hazardous waste, except a waste that is a compressed gas or that is listed
				or otherwise described in
				310 CMR
				30.136, is empty if:
1. all wastes have been removed that can be
				removed using the practices commonly employed to remove materials from that
				type of container,
e.g.
, pouring, pumping, and aspirating;
				and
2. no more than 2.5 centimeters
				(one inch) of residue remain on the bottom of the container or inner liner;
				or
3. no more than 3% by weight of
				the total capacity of the container remains in the container or inner liner if
				the container is less than or equal to 119 gallons in size, or
4. no more than 0.3% by weight of the total
				capacity of the container remains in the container or inner liner if the
				container is greater than 119 gallons in size.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.110 - Criteria and Procedures for Determining which Wastes are to be Regulated as Hazardous or Non-hazardous Wastes

Current through Register 1525, July 5, 2024
The Department shall not identify and define a waste as a
				  hazardous waste in 310 CMR 30.100 unless it determines that the waste meets one
				  or more of the criteria established in
				  310
				  CMR 30.111 and
				  30.112.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.111 - Criteria for Identifying the Characteristics of Hazardous Waste

Current through Register 1525, July 5, 2024
(1) The Department shall identify and define
				a characteristic of hazardous waste within 310 CMR 30.100 only upon determining
				that a waste that exhibits the characteristic:
(a) may cause, or significantly contribute
				to, an increase in mortality or an increase in serious irreversible, or
				incapacitating reversible, illness; or
(b) pose a substantial present or potential
				hazard to human health, safety, or welfare, or to the environment, when
				improperly stored, treated, transported, used, or disposed of, or otherwise
				managed; and
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.112 - Criteria for Listing Hazardous Waste

Current through Register 1525, July 5, 2024
(1) The
				Department shall list a waste as a hazardous waste within 310 CMR 30.100 only
				upon determining that the waste meets one of the following criteria:
(a) It exhibits any of the characteristics of
				hazardous waste identified in
				310 CMR
				30.120 through
				30.125;
(b) It satisfies the criteria of
				40 CFR
				261.11(a)(2) (criteria used
				to designate Acutely Hazardous Waste) which are hereby incorporated by
				reference; or
(c) It satisfies the
				criteria of
				40 CFR
				261.11(a)(3) (criteria used
				to designate Toxic Waste) which are hereby incorporated by reference subject to
				the following additions, modifications and exceptions:
1. References to "appendix VIII" are hereby
				replaced with "
				310 CMR
				30.160 ".
2. The reference to "Administrator" is hereby
				replaced with "Department".
3. The
				reference to "human health or the environment" is hereby replaced with "public
				health, safety, welfare, or to the environment".
4. The term "used" shall be inserted after
				"transported" in
				40 CFR
				261.11(a)(3).
5. The reference to "human health and
				environmental damage" is hereby replaced with "damage to public health, safety,
				welfare or the environment" in
				40 CFR
				261.11(a)(3)(ix).
6. The reference to "health or environmental
				hazard posed" is hereby replaced with "hazard posed to public health, safety,
				welfare or the environment" in
				40 CFR
				261.11(a)(3)(x).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.120 - CHARACTERISTICS OF HAZARDOUS WASTE

Current through Register 1525, July 5, 2024
310 CMR 30.120 through
				  30.125
				  identify and define the characteristics which distinguish hazardous waste from
				  other waste. Any waste which exhibits one or more of such characteristics is
				  subject to 310 CMR 30.000, unless exempted pursuant to
				  310 CMR
				  30.104.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.121 - Determining Characteristics

Current through Register 1525, July 5, 2024
In determining whether a waste exhibits any of such
				  characteristics, as is required of generators by
				  310 CMR
				  30.302, a representative sample of the waste
				  shall be analyzed using the tests specified in
				  310 CMR
				  30.152 through
				  30.157. For purposes
				  of
				  310 CMR
				  30.120 through
				  30.125,
				  the Department will consider a sample obtained using any of the applicable
				  sampling methods specified in
				  310 CMR
				  30.151 to be a representative
				  sample.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.122 - Ignitability

Current through Register 1525, July 5, 2024
(1) A waste exhibits the characteristic of
				ignitability if a representative sample of the waste has any of the following
				properties:
(a) It is a liquid, other than an
				aqueous solution containing less than 24% alcohol by volume, and has a flash
				point of less than 60ºC, which is approximately 140ºF, as determined
				by one of the methods prescribed in
				310 CMR
				30.152.
(b) It is not a liquid and is capable, under
				standard temperature and pressure of causing fire through friction, absorption
				of moisture or spontaneous chemical changes and, when ignited, burns so
				vigorously and persistently that it creates a hazard.
(c) It is an ignitable compressed gas as
				defined in
				40 CFR
				261.21(a)(3), as
				incorporated by reference, and as determined by the test methods described in
				that regulation or equivalent methods.
(d) It is an oxidizer, as defined in
				40 CFR
				261.21(a)(4), and as
				incorporated by reference, and as determined by the test methods described in
				that regulation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.123 - Corrosivity

Current through Register 1525, July 5, 2024
(1) A waste exhibits the characteristic of
				corrosivity if a representative sample of the waste has either of the following
				properties:
(a) It is aqueous and has a pH
				less than or equal to 2, or greater than or equal to 12.5, as determined by a
				pH meter using the method prescribed by
				310 CMR
				30.153(1).
(b) It is a liquid and corrodes steel (Type
				SAE 1020) at a rate greater than 6.35 mm (approximately 0.250 inch) per year at
				a test temperature of 55ºC (approximately 130ºF) as determined by the
				test method prescribed by
				310 CMR
				30.153(2).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.124 - Reactivity

Current through Register 1525, July 5, 2024
(1) A waste exhibits the characteristic of
				reactivity if a representative sample of the waste has any of the following
				properties:
(a) It is normally unstable and
				readily undergoes violent changes without detonating.
(b) It reacts violently with water.
(c) It forms potentially explosive mixtures
				with water.
(d) When mixed with
				water, it generates toxic gases, vapors or fumes in a quantity sufficient to
				present a danger to public health, safety, or welfare, or to the
				environment.
(e) It is a cyanide or
				sulfide bearing waste which, when exposed to a pH of between 2 and 12.5, can
				generate toxic gases, vapors or fumes in a quantity sufficient to present a
				danger to public health, safety, or welfare, or to the environment.
(f) It is capable of detonation or explosive
				reaction if it is subjected to a strong initiating source or if heated under
				confinement.
(g) It is readily
				capable of detonation or explosive decomposition or reaction at a standard
				temperature and pressure.
(h) It is
				a forbidden explosive as defined in
				49 CFR
				173.54 or a Division 1.1, 1.2 or 1.3
				explosive as defined in
				49 CFR 173.50(b)(1) through
				(3).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.133 - Hazardous Wastes Which Are Discarded Commercial Chemical Products or Off-specification Batches of Commercial Chemical Products or Spill Residues of Either

Current through Register 1525, July 5, 2024
(1) The following
				materials or items are hazardous wastes if and when they are, or are intended
				to be, discarded:
(a) Any commercial chemical
				product or manufacturing chemical intermediate having the generic name listed
				in 310 CMR 30.133.
(b) Any
				off-specification commercial chemical product or manufacturing chemical
				intermediate which, if it met specifications, would have the generic name
				listed in 310 CMR 30.133.
(c) Any
				residue remaining in a container or in an inner liner removed from a container
				that has held any commercial chemical product or manufacturing chemical
				intermediate having the generic name listed in 310 CMR 30.133, unless the
				container is empty as defined in
				310
				CMR 30.106.
(d) Residues or hazardous waste constituents
				contained in media. Any residue or contaminated soil, water, or other debris
				resulting from the clean-up of a spill, into or on any land or water, of any
				commercial chemical product or manufacturing chemical intermediate having the
				generic name listed in 310 CMR 30.133, or any residue or contaminated soil,
				water or other debris resulting from the cleanup of a spill, into or on any
				land or water, of any off-specification chemical product or manufacturing
				chemical intermediate which, if it met specifications, would have the generic
				name listed in 310 CMR 30.133.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.136 - Acutely Hazardous Wastes

Current through Register 1525, July 5, 2024
A waste is an acutely hazardous waste if it is listed in 310
				  CMR 30.136, or if it listed in
				  310 CMR
				  30.131 with EPA Hazardous Waste No. F020,
				  F021, F022, F023, F026, or F027.
(1)
				In addition to the wastes listed in
				310 CMR
				30.131 with EPA Hazardous Waste No. F020,
				F021, F022, F023, F026, or F027, the following materials or items are acutely
				hazardous waste if and when they are, or are intended to be, discarded:
(a) Any commercial chemical product or
				manufacturing chemical intermediate having the generic name listed in 310 CMR
				30.136.
(b) Any off-specification
				commercial chemical product or manufacturing chemical intermediate which, if it
				met specifications, would have the generic name listed in 310 CMR
				30.136.
(c) Any residue remaining
				in a container or an inner liner removed from a container that has held any
				commercial chemical product or manufacturing chemical intermediate having the
				generic name listed in 310 CMR 30.136, unless the container is an empty
				container as defined in
				310
				CMR 30.106.
(d) Residues or hazardous waste constituents
				contained in media. Any residue or contaminated soil, water, or other debris
				resulting from the clean-up of a spill, into or on any land or water, of any
				commercial chemical product or manufacturing chemical intermediate having the
				generic name listed in 310 CMR 30.136, or any residue or contaminated soil,
				water or other debris resulting from the cleanup of a spill, into or on any
				land or water, of any off-specification chemical product or manufacturing
				chemical intermediate which, if it met specifications, would have the generic
				name listed in 310 CMR 30.136.
(e)
				Any paper bag which has contained any material described in 310 CMR
				30.136(1)(a) through (d).
(f) Any
				residue containing a chemical intermediate or chemical product having the
				generic name listed in 310 CMR 30.136 that is mixed with any other hazardous
				waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.140 - When a Waste Becomes a Hazardous Waste

Current through Register 1525, July 5, 2024
(1) A
				waste which is not exempted from regulation pursuant to
				310 CMR
				30.104, becomes a hazardous waste when any of
				the following occurs:
(a) In the case of a
				waste listed in
				310 CMR
				30.131 or
				30.132,
				when the waste first meets a listing description set forth in those
				sections.
(b) In the case of a
				waste listed in
				310
				CMR 30.133 or
				30.136
				when the waste first meets a listing description set forth in those sections
				and either a decision is made to discard the material or it is
				discarded.
(c) In the case of a
				mixture of nonhazardous waste and one or more listed hazardous wastes, when a
				hazardous waste listed in
				310 CMR
				30.130 through
				30.136
				is first added to the non-hazardous waste.
(d) In the case of a waste not listed in
				310 CMR
				30.130 through
				30.136,
				including mixtures of wastes not listed in
				310 CMR
				30.130 through
				30.136,
				when the waste exhibits any of the characteristics identified in
				310 CMR
				30.120 through
				30.125.
(e) In the case of residue remaining in an
				empty container, as defined in
				310
				CMR 30.106, after the residue has first been
				removed if it exhibits any of the characteristics identified in
				310 CMR
				30.120 through
				30.125
				or contains a waste listed in
				310 CMR
				30.130 through
				30.136.
(f) When the hazardous waste is generated in
				a product or raw material storage tank, a product or raw material transport
				vehicle or vessel, a product or raw material pipeline, or in a manufacturing
				process unit, it shall become subject to regulation as a hazardous waste when
				it exits the unit in which it was generated, except that:
1. if the unit is a surface impoundment, the
				hazardous waste shall become subject to regulation as a hazardous waste upon
				generation; and
2. if the hazardous
				waste remains in the unit, other than a surface impoundment, for more than 90
				days after the unit ceases to be operated for manufacturing, storage or
				transportation of the product or raw material, the hazardous waste shall become
				subject to regulation as a hazardous waste upon the expiration of said 90
				days.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.141 - When a Hazardous Waste Ceases to Be a Hazardous Waste

Current through Register 1525, July 5, 2024
Unless and until it meets the criteria in 310 CMR 30.141, a
				  hazardous waste shall remain subject to regulation as a hazardous waste. Any
				  hazardous waste described in
				  310 CMR
				  30.140 ceases to be a hazardous waste and
				  need no longer be regulated as such when:
(1) In the case of any waste or mixture which
				is regulated solely by virtue of the characteristics in
				310 CMR
				30.120 through
				30.125,
				it no longer exhibits any of said characteristics. However, wastes that exhibit
				a characteristic at the point of generation may still be subject to the
				requirements of
				310 CMR
				30.750, even if they no longer exhibit a
				characteristic at the point of land disposal.
(2) In the case of any waste which is a
				listed waste in
				310 CMR
				30.130 through
				30.136,
				or waste which is derived from a waste listed in
				310 CMR
				30.130 through
				30.136,
				it has been determined that the waste is not a hazardous waste pursuant to
				310 CMR
				30.142.
(3) In the case of a mixture of nonhazardous
				waste and one or more hazardous wastes listed in
				310 CMR
				30.130 through
				30.136
				solely because the waste(s) exhibit(s) one or more characteristics of hazardous
				waste identified in
				310 CMR 30.122
				(ignitable), 30.123 (corrosive), or
				310 CMR 30.124
				(reactive), the resultant mixture no longer exhibits any such characteristic of
				hazardous waste. Any mixing process to render a waste nonhazardous is treatment
				of hazardous waste subject to the applicable requirements of
				310 CMR
				30.500 through
				30.900.
(4) In the case of a waste which can be
				recycled, the Department has approved that recycling pursuant to
				310 CMR
				30.200, provided that it is recycled in
				compliance with
				310 CMR
				30.200 and the terms and conditions of such
				approval.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.142 - Petition to Classify a Waste as Nonhazardous

Current through Register 1525, July 5, 2024
(a) Each
				petition shall be submitted to the Department by certified mail or by hand
				delivery and shall include the following:
1.
				The petitioner's name and address;
2. A description of the waste or wastes for
				which the determination is requested pursuant to
				310
				CMR 30.142(3);
3. Any relevant data, studies, or other
				information;
4. The certification
				required by
				310
				CMR 30.009; and
5. The petitioner's signature.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.143 - Special Requirements for Regulated Recycled Materials and Universal Wastes

Current through Register 1525, July 5, 2024
(1) Materials that
				would be hazardous wastes if disposed of, but are recycled in compliance with
				310
				CMR 30.200 instead of being disposed of, are
				subject to the provisions of
				310
				CMR 30.200.
(2) The materials listed in
				310
				CMR 30.143(2)(a) through
				(f), and further described in
				310
				CMR 30.1020, are exempt from regulation under
				310
				CMR 30.200 through
				30.900, provided such wastes
				are managed in compliance with
				310
				CMR 30.1000:
(a) Batteries;
(b) Pesticides;
(c) Thermostats;
(d) Mercury-containing devices;
(e) Mercury-containing lamps; and
(f) Aerosol cans.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.144 - Authority to Further Identify Hazardous Waste

Current through Register 1525, July 5, 2024
A waste which is not identified or otherwise described in
				  310
				  CMR 30.120 through
				  30.125 or
				  310
				  CMR 30.130 through
				  30.136 becomes subject to 310
				  CMR 30.000 if:
(1) The Department, in
				the course of inspecting any premises, has reason to believe that the waste
				being generated, transported, stored, treated, used, or disposed of meets the
				general criteria of a hazardous waste as set forth in
				310
				CMR 30.111; and
(2) The Department believes that an imminent
				threat pursuant to M.G.L. c. 21C, §§ 9 and 11, may exist.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.151 - Representative Sampling Methods

Current through Register 1525, July 5, 2024
The methods and equipment used for sampling waste materials
				  will vary with the form and consistency of the waste materials to be sampled.
				  For sampling waste with properties similar to the indicated material, the
				  Department will consider samples collected using the sampling protocols listed
				  in 40 CFR Part 261, Appendix I, which is hereby incorporated by reference, or
				  equivalent methods to be representative of the waste.
Copies of ASTM Standards referred to in 40 CFR Part 261,
				  Appendix I are available from: ASTM, 100 Barr Harbor Drive, West Conshohocken,
				  PA 19428-2959.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.152 - Test for Ignitability of Waste

Current through Register 1525, July 5, 2024
(1) The flash point
				of liquids shall be determined by any of the following methods:
(a) A Pensky-Martens Closed Cup Tester, using
				the test method specified in ASTM Standard D-93-79 or D-93-80, and/or "Test
				Methods for Evaluating Solid Waste, Physical/Chemical Methods", as incorporated
				by reference at
				310
				CMR 30.012;
(b) A Setaflash Closed Cup Tester, using the
				test method specified in ASTM Standard D-3278-78; or
(c) An equivalent method.