Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.801 - Who Must Have a License

Current through Register 1525, July 5, 2024
No person shall transport, use, collect, store, treat, or
				  dispose of hazardous waste or construct, operate or maintain any facility for
				  the use, storage, treatment, or disposal of hazardous waste, unless said person
				  has applied for and obtained, and has in effect, a valid license issued by the
				  Department pursuant to M.G.L. c. 21C and 310 CMR 30.000, except that a license
				  is not required for the following:
(1)
				The accumulation of hazardous waste at the site of generation by the generator
				thereof for up to and including 90 days, as provided in
				310 CMR
				30.340.
(2) Accumulation by a small quantity
				generator in compliance with
				310 CMR
				30.351, or by a very small quantity generator
				in compliance with
				310 CMR
				30.353, or by a generator who is in
				compliance with
				310 CMR
				30.222(4).
(3) Treatment which is an integral part of a
				manufacturing process at the point of generation.
(4) Municipal or industrial wastewater
				treatment facilities which are permitted pursuant to M.G.L. c. 21, § 4
				3.
(5) The handling, treating,
				storing, use, processing or disposing of infectious hazardous waste which is
				regulated by the Department of Public Health pursuant to M.G.L. c. 111,
				§§ 3 and 51 through 56.
(6) The holding of manifested shipments of
				hazardous waste in transit in compliance with the requirements of
				310 CMR
				30.408.
(7) The emergency containment or treatment of
				a hazardous waste or hazardous material which becomes a waste at the time of
				the spill.
(8) The transport of
				hazardous waste by certain interstate carriers exempted pursuant to
				310 CMR
				30.401(4).
(9) The transport of hazardous waste by any
				air or rail transporter subject to regulation by the DOT.
(10) The transport of hazardous waste by bulk
				shipment water transporter subject to regulation by the U.S. Coast
				Guard.
(11) The exemptions from the
				requirement to obtain a license provided in 310 CMR 30.801(11),
				310 CMR
				40.0031(3)  and
				40.0041(4)
				 shall apply, subject to the following
				provisions. In the event of any inconsistency between 310 CMR 30.801(11) and
				310 CMR
				40.0031(3)  or
				40.0041(4),
				the provisions of 310 CMR 30.801(11) shall govern.
(a) No license shall be required for any
				emergency action initiated or ordered by the Department or by a court of
				competent jurisdiction and conducted by the Department or a contractor
				authorized by the Department to secure a site where hazardous waste has been
				deposited or abandoned. Emergency action shall mean the actions specified in
				40 CFR
				270.1(c)(3)(i).
(b) No license shall be required for any
				remedial action ordered by a court of competent jurisdiction or ordered by the
				Department through issuance of an enforceable order, provided that the
				applicable substantive requirements from 310 CMR 30.000 governing any
				activities that would have required a license are instead included in the court
				or administrative order. The Department will provide an opportunity for public
				comment on any order being utilized in place of a license. Remedial action is
				defined in
				310 CMR
				40.0006:
Terminology, Definitions and
				Acronyms
.
(c) No license
				shall be required for any response action involving remediation waste from a
				disposal site which is conducted within the boundaries of that same disposal
				site in compliance with the provisions of 310 CMR 40.0000:
Massachusetts Contingency Plan
with the following exceptions:
1. The combustion of Hazardous Waste shall be
				subject to a License under 310 CMR 30.801(11), as well as an Air Quality permit
				pursuant to
				310 CMR
				7.08(4):
Hazardous
				Waste Incinerators
. Combustion means incineration as defined in
				310 CMR 30.010 and
				any other thermal destruction of hazardous waste. However, the flaring of an
				uncompressed gaseous material which is not itself a hazardous waste
				(
e.g
., the flaring of methane gas from landfills or the
				flaring of off-gas emissions from thermal oxidation units) is not considered to
				involve the combustion of Hazardous Waste subject to a license under these
				regulations if the flaring results from a remedial activity, the gaseous
				materials are collected in an enclosed system at the site of generation, and
				the operations is conducted in compliance with all applicable Air Quality
				requirements including any permit required pursuant to
				310 CMR
				7.08(4):
Hazardous
				Waste Incinerators
.
2. A
				license for other response actions may be required by the Department pursuant
				to
				310 CMR
				40.0033(5).
3. Response action and remediation waste are
				defined in 310 CMR