Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1102 - Case-by-case Waiver Determinations for Specific Hazardous Wastes and Activities

Current through Register 1525, July 5, 2024
(1)
				For wastes and activities that the Department determines are insignificant as a
				potential hazard to public health, safety, welfare or the environment or are
				adequately regulated by another government agency, consistent with regulations
				promulgated under the Resource Conservation and Recovery Act, the Department
				may grant a person a waiver from any or all of the requirements of
				310
				CMR 30.0000 that are more stringent than the
				minimum federal requirements promulgated under the Resource Conservation and
				Recovery Act.
(2) All generators
				shall manage hazardous waste in accordance with all applicable provisions of
				310
				CMR 30.0000, provided however, if the
				Department issues a written positive waiver determination to a generator, such
				generator shall comply with all terms and conditions of such determination and
				all applicable requirements of
				310
				CMR 30.0000 not expressly waived in such
				determination.
(3) Any person
				seeking a waiver of any requirement in
				310
				CMR 30.0000, not expressly waived by other
				provisions in
				310
				CMR 30.0000, shall submit a request for
				waiver on a form acceptable to the Department and shall include:
(a) The applicant's name, address, and EPA
				Identification Number or Massachusetts Identification Number;
(b) The name and telephone number of an
				individual responsible for supervising the waste and/or management activities
				addressed in the application;
(c) A
				detailed description of the waste and activity, and the basis for the person's
				assertion that it is insignificant as a potential hazard to public health,
				safety, welfare, or the environment, or that it is adequately regulated by
				another governmental agency consistent with regulations promulgated under the
				Resource Conservation and Recovery Act;
(d) A description of the proposed method of
				management, including a description of required equipment;
(e) A statement of each requirement for which
				a waiver is sought;
(f) A statement
				of the need and justification for a waiver of hazardous waste requirements,
				including any supporting tests, studies, or other information; including, but
				not limited to, information on the volume, quantity, toxicity, frequency and
				rate of generation of the waste;
(g) A demonstration that the waiver sought is
				from a requirement or requirements that are more stringent than the minimum
				federal requirements promulgated under the Resource Conservation and Recovery
				Act;
(h) Such other information as
				the Department may require to determine that the proposed waste management
				activity will be in compliance with
				310
				CMR 30.1100 and either will be insignificant
				as a potential hazard to public health, safety, welfare or the environment or
				is adequately regulated by another government agency, and that any waiver will
				not result in the Department's requirements applicable to the person becoming
				less stringent than the minimum federal requirements promulgated under the
				Resource Conservation and Recovery Act;
(i) A signature certified pursuant to
				310
				CMR 30.009; and
(j) If applicable, compliance with, and
				remittance of any fee established pursuant to, any applicable provision of 310
				CMR 4.00.