reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 15.000 - The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage › Subpart F - TRANSPORTATION AND DISPOSAL OF SEPTAGE › Section 15.505 - Equipment

Current through Register 1525, July 5, 2024
(1) No person shall use equipment to remove
				or transport the contents of privies, cesspools, septic tanks or tight tanks
				unless such equipment has first been inspected and approved by the Approving
				Authority.
(2) Mobile tanks shall
				be securely mounted on trucks. They shall be watertight, equipped with
				necessary odor controls, provided with a leak proof cover and tight discharge
				valves.
(3) Mobile tanks shall be
				provided with a vent constructed in a manner that will permit the escape of
				gas, but not the liquid contents of the tank.
(4) Suction or pressure hoses shall be in
				good repair.
(5) Pumps shall be
				maintained in a condition that will prevent the leakage of septage.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 15.000 - The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage › Appendix 1 - Model Grant of Title 5, 310 CMR 15.000, Covenant and Easement

Current through Register 1525, July 5, 2024
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Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.01 - General Requirements

Current through Register 1525, July 5, 2024
(1)
Purpose and General Description
. The purpose of
				310 CMR 16.00 is to protect
				public health, safety and the environment by comprehensively regulating:
(a) the siting of solid waste facilities;
				and
(b) operations which recycle,
				compost, or convert recyclable or organic materials.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.03 - Exemptions from Site Assignment

Current through Register 1525, July 5, 2024
(1)
Manufacturing or Industrial Activities
. The following
				manufacturing or industrial operations which handle recyclable or organic
				materials in the manufacturing or industrial process do not require a site
				assignment, a facility permit pursuant to 310 CMR 19.000:
Solid Waste
				Management
, a general permit pursuant to 310 CMR 16.04, or a
				recycling, composting or conversion permit pursuant to 310 CMR 16.05, but shall
				handle such recyclable or organic materials in a manner that prevents an
				unpermitted discharge of pollutants to air, water, land or other natural
				resources of the Commonwealth, does not create a public nuisance, and does not
				present a significant threat to public health, safety or the environment:
(a) paper mills, including de-inking plants
				and paperboard manufacturers;
(b)
				steel mills;
(c) aluminum smelting
				plants and mills;
(d) glass
				manufacturing plants;
(e) plastic
				manufacturing plants;
(f) tire
				re-capping plants;
(g) de-tinning
				plants;
(h) cement and concrete
				plants;
(i) foundries;
(j) asphalt batching plants; and
(k) rendering plants.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.04 - General Permit for Recycling, Composting or Aerobic and Anaerobic Digestion Operations

Current through Register 1525, July 5, 2024
(1)
Applicability
. The following operations are eligible
				for a general permit and do not require a site assignment, a facility permit
				pursuant to 310 CMR 19.000:
Solid Waste Management
, or a
				recycling, composting, or conversion permit pursuant to
				310
				CMR 16.05, provided the operation meets the
				requirements of 310 CMR 16.04:
(a) a recycling
				operation that receives no more than 250 tons per day of recyclable materials,
				not including paper;
(b) a
				composting operation that:
1. receives no more
				than 105 tons per week and no more than 30 tons per day of Group 2 organic
				materials, listed at 310 CMR 16.04(3)(b):
Table 1. Examples of Organic
				Materials
, or other organic materials with a carbon to nitrogen ratio
				of 30:1or less;
2. contains less
				than 5,000 cubic yards of organic materials per acre; and
3. has less than 50,000 cubic yards of
				organic materials on site at any one time; or
(c) an aerobic or anaerobic digestion
				operation that receives no more than 100 tons per day of organic material from
				on or off site, based on a 30 day rolling average.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.05 - Permit for Recycling, Composting and Conversion (RCC) Operations

Current through Register 1525, July 5, 2024
(1)
Applicability
.
				The recycling, composting, conversion or handling of recyclable or organic
				materials that does not qualify for an exemption pursuant to
				310 CMR
				16.03 or a general permit pursuant to
				310
				CMR 16.04, shall apply for a recycling,
				composting or conversion (RCC) permit pursuant to 310 CMR 16.05. A RCC
				operation that has a RCC permit does not require a site assignment or a solid
				waste management facility permit pursuant to 310 CMR 19.000:
Solid
				Waste Management
provided the owner or operator complies with the
				permit.
(2)
RCC Permit
				Application
. Any applicant applying for a RCC permit pursuant to
				310 CMR 16.05 shall submit an application to the Department, using forms and
				procedures provided by the Department, including without limitation, those
				specified in
				310 CMR 4.00:
Timely
				Action Schedule and Fee Provisions
, with a copy to the board of
				health.
(a)
Pre-application
				Meeting
. The applicant shall attend a pre-application meeting with
				the Department. The applicant shall provide to the Department, at least 14 days
				prior to the meeting date, sufficient information to describe the general
				nature and scope of the applicant's proposal including, but not limited to, the
				following information:
1. the
				location;
2. a description of the
				technology, including a process flow chart and the size and type of all
				equipment used;
3. the type,
				quantity and quality of all materials received and products or residuals
				produced; and
4. identification of
				the potential public nuisances and adverse impacts from the operation and the
				proposed methods for controlling such public nuisances and impacts.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.06 - General Requirements for General Permits and Recycling, Composting and Conversion Permits

Current through Register 1525, July 5, 2024
(1)
Compliance Certification Requirements.
(a)
Compliance Certification
				Schedule
.
1.
New or
				Newly Acquired Operations
. The owner or operator of each new
				recycling, composting or conversion operation that handles recyclable or
				organic materials, which qualifies for a general permit, pursuant to
				310
				CMR 16.04, or RCC permit issued by the
				Department, pursuant to
				310
				CMR 16.05, shall submit a compliance
				certification to the Department with a copy to the board of health, in
				accordance with 310 CMR 16.06(1)(b) 30 days prior to the commencement of a new
				operation or the acquisition of such an operation.
2.
Existing
				Operations
. The owner or operator of each operation in existence
				on or before November 23, 2012 shall submit a certification by February 15,
				2014, unless the owner or operator has a Determination of Need issued before
				[the effective date of these regulations], in which case the owner and operator
				shall comply with the schedules set forth in
				310 CMR 16.01(12)
				 for submission of a certification for the
				operation.
3.
Annual
				Certification Requirement
. The owner or operator of an operation
				for which a certification is required to be submitted by 310 CMR 16.06(1)(a)1.
				or 2. shall submit a new annual compliance certification to the Department on
				or before February 15th of each calendar year on a
				form provided by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.07 - Certification

Current through Register 1525, July 5, 2024
Any person, required by
				  310 CMR 16.00 or any order
				  issued by the Department, to submit papers shall identify themselves by name,
				  profession, and relationship to the applicant and legal interest in the
				  proposed site, and 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 both civil and criminal for submitting false
				  information including possible fines and imprisonment".
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.08 - Site Assignment Application Submission Requirements

Current through Register 1525, July 5, 2024
(1)
General
. Any
				person wishing to establish a new facility at a New Site or to Expand a Site
				onto an area not previously assigned must file a Site Assignment Application
				(application) with the board of health and provide copies as specified at 310
				CMR 16.08(2).
(2)
Copies
. The applicant shall file:
(a) two copies of the application with the
				local board of health;
(b) one copy
				of the application with the local library;
(c) two copies of the application with the
				Department, one to the Business Compliance Division, Boston, and one to the
				regional office in which the proposed site is located;
(d) one copy of the application with the
				Massachusetts Department of Public Health, Bureau of Environmental Health
				Services, Boston;
(e) one copy of
				the application with the board of health (abutting board of health), and one
				copy with the library of any municipality within ½ mile of the proposed
				site assigned area;
(f) one copy of
				the application with the applicable regional planning agency duly established
				by the Legislature and governing the municipality in which the proposed
				facility is to be located; and
(g)
				one copy of the application with any Person requesting it during the public
				comment period, except that the applicant may charge the reasonable cost of
				reproduction for the copies requested under this provision. The applicant shall
				maintain a list of each Person requesting a copy, the date of each request, and
				the date each copy was sent out.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.09 - Public Access to Application

Current through Register 1525, July 5, 2024
The board of health shall ensure that a copy of the
				  application and all subsequent filings are available for reasonable public
				  inspection and copying. The board of health may charge reasonable fees for such
				  copying.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.10 - Review of Application for Completeness

Current through Register 1525, July 5, 2024
(1)
Report Number
. The Department shall assign a Report
				Number to each application when the application is filed with the Department
				and notify the applicant, the board of health, and the Department of Public
				Health. The Report Number shall be used in all subsequent correspondence with
				the board of health, the Department, the applicant and the Department of Public
				Health and shall appear on any subsequent filings by the applicant.
(2)
Public Comments
.
				During the Determination Period, as defined in 310 CMR 16.10(3) the Department
				shall accept written comments from the board of health or interested persons
				regarding the completeness of the application.
(3)
Determinations
.
				The Department shall issue a written determination to the applicant as to the
				completeness of the application on or before 21 days after the filing of said
				application with the Department. An application shall not be considered
				complete unless the Technical Fee, if any, has been paid and the application
				forms are complete and accompanied by the appropriate supporting documentation.
				If the Department determines that the application is incomplete, deficiencies
				shall be stated. The Department shall send a copy of such determination to the
				board of health and the Department of Public Health.
(4)
Public Notice of
				Application
. The applicant, after receipt of notice of
				completeness from the Department, shall notify all parties identified at
				310 CMR
				16.08(2)  and abutters to
				the site by certified mail, and provide public notice that an application has
				been filed with the local board of health. The notice shall:
(a) appear in at least one newspaper that has
				general circulation within the municipality and in the
Massachusetts
				Environmental Policy Act (MEPA) Monitor
, where the proposed facility
				was required to file an Environmental Notification Form (ENF) or Environmental
				Impact Report (EIR) with MEPA;
(b)
				include the location of the site; the size of the site; the type of facility;
				the type of waste or material to be handled at the facility; daily tonnage or
				throughout; the names, and addresses of the proponents and the person to whom
				requests for copies of the application should be directed; the public location
				within the community and hours where the application may be inspected; the time
				period for comment to be received by the Department and the address to which
				the comments should be mailed; and
(c) Where the municipality has a population
				of greater than 15% of residents who do not speak English as their primary
				language, the applicant shall publish an additional notice in a daily or weekly
				newspaper(s) circulated in that community written in the primary language(s) of
				these residents.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.11 - Review Period

Current through Register 1525, July 5, 2024
(1)
General
. Upon commencement of the Review Period, the
				Department shall review the application to determine if the site is
				suitable.
(2)
Public
				Comments
. During the initial 21 days of the Review Period the
				Department shall accept written comments from the board of health or other
				interested persons regarding the suitability of the site. All comments shall be
				filed with the Department's Regional Office in which the proposed site is
				located. The Department shall make available all comments received regarding
				the application to the applicant and the board of health at their
				request.
(3)
Applicant
				Response and Modification.
(a)
Response to Comments
. The applicant may respond in
				writing and/or the Department may require the applicant to respond to comments
				during the initial 40 days of the Review Period.
(b)
Modification of
				Application
. During the initial 40 days of the Review Period the
				applicant may modify an application provided that said modifications, when
				taken in their totality, do not constitute a major modification. The Department
				shall determine if modifications are major and issue written notice of such
				determinations to the applicant.
(c)
Major
				Modifications
. The applicant must notify the Department and the
				board of health within five days of receipt of a notice from the Department
				that a single modification or a series of modifications constitute a major
				modification, whether it intends to:
1.
				withdraw the application; or
2.
				withdraw the modifications and let the Department review of the application
				continue on the unmodified application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.13 - Department Report On Suitability (Report)

Current through Register 1525, July 5, 2024
(1)
General
. The
				Department shall forward the Report and the accompanying record to the board of
				health and shall provide a copy of the Report to the applicant.
(2)
Content
. The
				Report shall include:
(a) the Report
				Number;
(b) a statement indicating
				that the application does or does not contain sufficient data to allow the
				Department to determine if the site meets the criteria. A determination that an
				application did not contain sufficient information to allow a determination on
				each criteria shall be sufficient grounds for a negative determination of
				suitability;
(c) a statement that
				the site meets or fails to meet each the site suitability criteria set forth in
				310 CMR
				16.40, including any conditions;
				and
(d) findings of fact pertaining
				to the application, any waiver that was requested, and the suitability of the
				site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.14 - Reconsideration of Findings

Current through Register 1525, July 5, 2024
(1)
Motions for Reconsideration
. When the Department's
				Report contains a finding that the site fails to meet the site suitability
				criteria, the Department may entertain written motions for reconsideration from
				the applicant stating the basis on which the reconsideration is requested, if
				filed within 14 days of issuance of the Report. The motion for reconsideration
				shall state the fact(s) which it is contended the Department has overlooked or
				misapprehended and shall contain such argument in support of the motion as the
				applicant desires to present. Action on any motion for reconsideration is at
				the discretion of the Department.
(2)
Comments
. The
				Department may allow comments from the board of health, the Department of
				Public Health and the general public for a specified time period if it decides
				to reconsider the findings.
(3)
Reissuance of Report
. In the event the Department
				reconsiders and changes its determination, it shall amend the Report
				accordingly and reissue the Report.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.15 - Further Action on Application

Current through Register 1525, July 5, 2024
(1)
Negative Determinations of Suitability
. When the
				Department issues a Report with a finding that a site fails to meet the site
				suitability criteria or that an application does not contain sufficient data to
				allow a determination on the criteria, the site assignment process is complete
				and the board of health shall not hold a public hearing as prescribed in
				310 CMR
				16.20, provided that an applicant may request
				the Department to reconsider the findings in the Report and the Report may be
				reissued.
(2)
Positive
				Determinations of Suitability
. When the Department issues a Report
				with a finding that the site does meet the site suitability criteria, the board
				of health shall proceed to hold a public hearing pursuant to
				310 CMR
				16.20 for the purpose of deciding whether to
				grant or refuse to grant a site assignment for the parcel of property which is
				the subject of the Department Report.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.16 - Requests for Technical Assistance from the Department

Current through Register 1525, July 5, 2024
(1)
Technical
				Assistance
. The board of health may request advice, guidance, or
				technical assistance from the Department to assist in the review of the
				information contained within the application or the Report. Any request for
				technical assistance shall be in writing. The technical assistance from the
				Department shall stop on the date of the first scheduled public hearing, except
				where it will serve to clarify information contained within the Department
				Report.
(2)
Informal
				Arrangements
. After a request for technical assistance, the
				Department and the board of health may enter into informal arrangements to
				facilitate the review of the application, provided that the applicant is
				informed of any such arrangement.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.17 - Application Review by the Department of Public Health

Current through Register 1525, July 5, 2024
(1)
Review and
				Comments
. The Department of Public Health (DPH) shall review the
				application and comment as to any potential adverse impacts the site may have
				on public health and safety. Such review and comment shall be made no later
				than 60 days after the start of the Review Period. The Department of Public
				Health may submit or discuss its comments with the Department during the Review
				Period.
(2)
Department
				of Public Health Report
. The Department of Public Health at the
				written request of the board of health shall make or have made a written report
				containing its comments on the potential adverse impacts of the site on public
				health and safety and may submit said report no later than 60 days after the
				start of the Review Period. The DPH may submit such report to the board of
				health.
(3)
Coordination with Board of Health
. The DPH shall
				coordinate and cooperate with the board of health on any matter relating to the
				report upon written request by the board of health to DPH.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part I - PROCEDURES FOR SUBMISSION AND REVIEW OF SITE ASSIGNMENT APPLICATIONS › Section 16.18 - Waiver

Current through Register 1525, July 5, 2024
(1)
General
. The
				Commissioner may waive any provision or requirement contained in Part I of
				310 CMR 16.00, or at
				310 CMR
				16.21:
Alternative Use of Assigned
				Site
, not specifically required by law where the Commissioner finds:
(a) that the waiver is necessary to
				accommodate an overriding community, regional or state public interest;
				and
(b) the granting of the waiver
				would not interfere with the ability of the board of health to fulfill its
				duties; and
(c) the granting of the
				waiver would not diminish the ability of the general public to review and
				comment on the proposed project.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part III - APPLICATION FEE › Section 16.30 - Fees

Current through Register 1525, July 5, 2024
(1)
Application Fees
(a)
General
. The
				Application Fee is a fee which is paid by an applicant to the board of health.
				The board of health may use the fee for eligible costs of reviewing technical
				data, obtaining technical assistance and conducting a public hearing. The
				Application Fee shall be assessed as two separate fees:
1. Technical Fee; and
2. Public Hearing Fee.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part IV - SITE SUITABILITY CRITERIA › Section 16.40 - Site Suitability Criteria

Current through Register 1525, July 5, 2024
(1)
Determination of Suitability.
(a)
Department's
				Determination
. The Department shall determine whether a site for a
				new or expanded facility of the type and scope proposed is suitable or not
				suitable based upon the criteria set forth in 310 CMR 16.40(3), (4) and (5). In
				reviewing these criteria, no site shall be deemed to be suitable where the
				impacts from the solid waste management facility will by itself, or in
				combination with impacts from other sources within the affected area,
				constitute a danger to public health or safety or the environment. In
				determining whether or not a proposed facility meets the criteria, set forth in
				310 CMR 16.40(3), (4) and (5);
1. the
				Department shall rely upon the application and information supplied by the
				applicant or any other information made available to the Department;
2. the applicant bears the burden of showing
				that the proposed facility meets the criteria set forth in 310 CMR 16.40(3),
				(4) and (5).
3. if the Department
				determines that the facility is located within a Restricted Area, the applicant
				shall receive a negative Site Suitability Report;
4. if the Department determines that the
				facility is not located within a Restricted Area, the Department shall evaluate
				the criteria set forth in 310 CMR 16.40(3), (4) and (5), using such existing
				state and federal standards, criteria, guidelines or allowable limits and
				technical health reports which are intended to protect the public health,
				safety, and the environment;
5. the
				Department shall consider whether the site is in a preferred municipality as
				defined herein; and
6. the
				Department shall consider whether the site use promotes integrated solid waste
				management in accordance with 310 CMR 16.40(5).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 16.00 - Site Assignment For Solid Waste Facilities › Part IV - SITE SUITABILITY CRITERIA › Section 16.99 - APPENDIX A

Current through Register 1525, July 5, 2024
TECHNICAL FEE
The board of health shall assess the Technical Fee based on
				  the type and size of facility or site stated on the application.
The maximum allowable Technical Fee that the board of health
				  may assess shall be computed using the appropriate table for each type of
				  facility.
TABLE 1. MAXIMUM TECHNICAL FEE FOR
				  LANDFILLS
The maximum amount of the Technical Fee for a landfill is
				  computed on the basis of the total area of the site specified in the
				  application.
Size (acres)
Maximum Fee ($)
0-10
$15,000
10-25
$15,000 plus $1,000 for each acre in
						  excess of 10
over 25
$30,000 plus $ 200 for each acre in
						  excess of 25
TABLE 2. MAXIMUM TECHNICAL FEE FOR HANDLING
				  FACILITIES
The maximum amount of the Technical Fee for a handling
				  facility is computed on the basis of the maximum daily volume of waste
				  (measured in tons per day) proposed to be accepted as specified in the
				  application as follows:
Maximum Fee = $3000 + [$20 x Daily Volume (tons/day)]
TABLE 3. MAXIMUM TECHNICAL FEE FOR COMBUSTION
				  FACILITIES
The maximum amount of the Technical Fee for a waste
				  combustion facility is computed on the basis of the maximum daily volume of
				  waste (measured in tons per day) proposed to be processed as specified in the
				  application as follows:
Maximum Fee = $25000 + [$10 x Daily Volume (tons/day)]
ADJUSTMENT OF TECHNICAL FEE FOR
				  INFLATION
The maximum allowable technical fee shall be adjusted for
				  inflation using the following procedure:
MTF (current year) =
MTF(Table) x [BCPI(current year -
								1)/BCPI(1988)]
Where: MTF(Table) =
Maximum Technical Fee Computed using Table 1, 2 or
								3 in this Appendix for the specific facility under consideration
MTF(current year) =
Maximum Technical Fee for the current year (i.e.,
								the MTF applicable to the Application being submitted)
BCPI(1988) =
Boston Consumer Price Index for September,
								1988
BCPI(current year - 1) =
Boston Consumer Price Index for September for the
								year preceding the current year
The Index used for this inflation adjustment is the September
				  figure for the Boston Consumer Price Index for All Urban Consumers issued by
				  the US Department of Labor, Bureau of Labor Statistics.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.01 - Authority

Current through Register 1525, July 5, 2024
The Department of Environmental Protection has adopted
				310 CMR 17.00, the Recycling
				Industries Reimbursement Credit Grant Program, pursuant to St. 1997, c. 88,
				§ 85.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.02 - Purpose

Current through Register 1525, July 5, 2024
(1)
								310 CMR 17.00 sets forth the
			 Department's authority and responsibilities for the administration of the
			 Recycling Industries Reimbursement Credit (RIRC) Grant Program. The goal of
			 310 CMR 17.00 is to provide
			 the means for the Department to administer the RIRC grant program in accordance
			 with
			 815 CMR 2.00 to ensure proper
			 use of public funds.
(2) The
			 Department shall employ
			 310 CMR 17.00 to administer
			 the RIRC grant program with the intent of awarding grants to Eligible
			 Businesses that commit to achieving the following objectives and public
			 benefits:
(a) to identify and target materials
			 that face economic and technical barriers to the reclaiming process and/or the
			 manufacturing process relative to the use of designated unprocessed materials
			 and/or designated feedstock materials, as more particularly described in
			 310 CMR 17.00;
(b) to increase the throughput of designated
			 unprocessed materials and/or designated feedstock materials;
(c) to create long-term market-based demand
			 for designated unprocessed materials and/or designated feedstock
			 materials;
(d) to add value to
			 designated unprocessed materials and/or designated feedstock materials
			 collected through municipal and business recycling efforts; and
(e) to complement the Department's solid
			 waste policy goals and objectives.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.04 - Eligibility Criteria

Current through Register 1525, July 5, 2024
(1)
In
			 General
. To be considered for a Grant, proposed projects must
			 satisfy all of the following eligibility requirements. The eligibility of any
			 Grant Application shall be determined in each instance by the Department.
(a)
Eligible
			 Business
. To be eligible for a Grant, an Eligible Business must,
			 at the time of the application, be:
1. a
			 Company or Corporation;
2.
			 employing at least 50% of its full-time equivalent non-salaried workforce, at
			 the site for which the grant is being utilized, in the Commonwealth;
			 and
3. in compliance with the
			 Commonwealth's applicable environmental laws and regulations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.05 - Process of Selecting Eligible Materials for the Designated List

Current through Register 1525, July 5, 2024
The Department shall provide public notice of the Designated
				List of eligible materials, the availability of grants, and the amount of grant
				funds the Department intends to make available, at least 30 days prior to
				issuing Grant Applications. The Department reserves the right to modify the
				Designated List prior to each grant application period. The Designated List
				shall remain valid during the Grant Application period for which it is issued.
				The selection of said materials shall be based on the following factors:
(1) the difference between market prices or
			 price quotations for Designated Unprocessed Materials or Designated Feedstock
			 Materials and the price paid for Virgin Feedstock Materials;
(2) the market history and price fluctuations
			 of materials;
(3) an analysis which
			 identifies materials with stable or mature markets and problematic materials
			 with unstable immature markets;
(4)
			 the potential for successful reclaiming of each material under
			 investigation;
(5) public input;
			 and,
(6) no materials that are
			 metal or hazardous waste under applicable state and federal environmental laws
			 shall be eligible.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.06 - Grant Application Process

Current through Register 1525, July 5, 2024
(1)
In General
. The Department shall award grant funds to
			 Eligible Businesses through an open and competitive process.
(2)
Promotional
			 Program
. The Department shall develop and implement a promotional
			 strategy to distribute the Grant Application and announce the total grant funds
			 available.
(3)
Application Filing Requirements
. The Grant Applicant
			 must comply and respond to requested information within the Grant
			 Application.
(4)
Application Period
. The Department shall maintain a
			 grant application period of at least 30 consecutive days. Grant applications
			 must be submitted prior to the deadline. Late applications will not be
			 considered for a grant.
(5)
Application Certification Process
. Within 30 days
			 after the expiration of the Grant Application period, the Department shall
			 review each application filed during the application period to determine its
			 compliance with
			 310 CMR 17.00 and for
			 adequacy, and completeness of information contained therein, and shall notify
			 the Grant Applicant in writing whether the Grant Application is complete. An
			 incomplete Grant Application may be deemed ineligible for the current cycle of
			 grant awards. Only a Grant Application determined to be complete shall be
			 considered for a Grant.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.07 - Grant Application Review Process

Current through Register 1525, July 5, 2024
(1)
In General
. Within 90 days of the Grant Application
			 deadline, using the evaluation criteria in 310 CMR 17.07(2), the Department
			 will score and rank all Grant Applications certified by the Department as
			 complete.
(2)
Evaluation Criteria
. Evaluation criteria will be
			 included in the Grant Application. Evaluation criteria will be based on: the
			 adequacy and quality of the narrative description in relation to the purpose
			 stated in
			 310 CMR 17.00 and the Grant
			 Application; the time line of the proposed activity; and, the amount of
			 Designated Unprocessed Material and/or Designated Feedstock Material proposed
			 to be used in the Eligible Activities, and any other relevant
			 information.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.08 - Grant Awards

Current through Register 1525, July 5, 2024
(1)
Execution
. The Grant Award shall be deemed awarded
			 when the Department and the Grantee execute the Grant Agreement. Until that
			 time, the award is conditional.
(2)
Amount of Award
. The amount of the Grant Award will be
			 incorporated into the Grant Agreement. The Department shall determine the
			 amount of the grant to Eligible Businesses based on the following factors
			 including, but not limited to:
(a) the
			 difference between market prices or price quotations for virgin feedstock
			 materials and the price paid for Designated Feedstock Materials by an Eligible
			 Business in the Manufacturing Process in the Commonwealth;
(b) the amount of Designated Feedstock
			 Material to be sold by the Eligible Business engaged in the Reclaiming Process
			 in the Commonwealth;
(c) the amount
			 of Designated Feedstock Material used by the Eligible Business engaged in the
			 Manufacturing Process in the Commonwealth; and,
(d) the market history and price fluctuations
			 of materials.
The Department shall provide grant funds of up to $250,000 and
				may make periodic adjustments, as deemed necessary, to this amount based on
				market conditions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.09 - Grant Agreement Conditions

Current through Register 1525, July 5, 2024
(1)
Contract
. The Grantee is required to submit a signed
			 Commonwealth Terms and Conditions from.
(2)
Contract Delay
.
			 Failure of a Grantee to commence work within the timeline in the Grant
			 Agreement may constitute sufficient cause for the Department to exercise its
			 right to terminate the Grant Agreement.
(3)
Suspension of Grant
			 Payments
. The Department may temporarily suspend a grant payment
			 whenever the Department becomes aware of allegations, evidence or appearance of
			 illegality, corruption, or fraud associated with the award of the Grant;
			 allegations or evidence of failure to comply with the terms of
			 310 CMR 17.00 or the terms of
			 the Grant Agreement; or, allegations of improprieties with respect to the
			 expenditure of grant funds, terms of agreement, or expenditure of grant
			 funds.
(4)
Termination
			 of Grant
. The Department shall terminate and revoke a Grant
			 Agreement whenever the Department determines that there is substantial evidence
			 of illegality, corruption or fraud associated with the award of the Grant
			 Agreement; noncompliance with the terms of the Grant Agreement; or
			 improprieties with respect to expenditures. Written notice to the Grantee shall
			 be provided whenever a Grant is terminated and revoked, and the Grantee shall
			 return all funds to the Department within 60 days. The Department may terminate
			 the Grant Agreement for other good cause.
(5)
Affirmative
			 Action
. Each Grantee must be in compliance with the State's
			 Affirmative Action requirements stated within the Grant Agreement.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.10 - Conditions of Use

Current through Register 1525, July 5, 2024
In General.
The Department's Grant
				award applies only to the Grantee's eligibility to receive assistance from the
				Department, pursuant to these regulations, and does not constitute an approval
				by the Department for any other purpose, permit or otherwise.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.11 - Reporting

Current through Register 1525, July 5, 2024
In General
. The Grantee shall furnish
				periodic reports to the Department that demonstrate the status o f achievement
				and grant effectiveness relative to the goals specified in the Grant Agreement.
				The Department shall use reporting and other relevant information to determine
				whether the Grantee has committed fraud, including but not limited to the
				following:
(1) reclaiming the same
			 batch of designated unprocessed materials multiple times; and/or,
(2) purchasing designated feed stock
			 materials, but not using said materials in the manufacturing process.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program › Section 17.12 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				310 CMR 17.00 is found to be
				illegal, unenforceable or void, then the Department or Grantees shall be
				relieved of all obligations under that provision only and all other provisions
				shall remain in full force and effect.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.001 - Authority

Current through Register 1525, July 5, 2024
310 CMR 19.000 is promulgated by the Commissioner and the
				  Department of Environmental Protection pursuant to the authority granted by St.
				  1987, c. 584, M.G.L. c. 21A, §§ 2 and 8 and c. 111, §
				  150A.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.002 - Purpose

Current through Register 1525, July 5, 2024
310 CMR 19.000 is intended to protect public health, safety
				  and the environment by comprehensively regulating the storage, transfer,
				  processing, treatment, disposal, use and reuse of solid waste in Massachusetts.
				  Protection of public health, safety and the environment is primarily the
				  prevention of pollution from the site, but also encompasses the operation of
				  the facility within an integrated solid waste management system which maximizes
				  material reuse and the conservation of energy.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.003 - Applicability

Current through Register 1525, July 5, 2024
(1)310 CMR 19.000 shall apply to all solid
				waste management activities and facilities including, without limitation,
				landfills, dumping grounds, transfer stations, solid waste combustion
				facilities, solid waste processing and handling facilities, recycling
				facilities, refuse composting facilities and other works or sites for the
				storage, transfer, treatment, processing or disposal of solid waste and the
				beneficial use of solid waste.
(2)
									310
				CMR 19.014 and
				19.017 also shall
				apply to any person disposing or contracting for disposal or transport of solid
				waste or restricted materials listed in Table
				310 CMR
				19.017(3).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.004 - Severability

Current through Register 1525, July 5, 2024
It is hereby declared that the provisions of 310 CMR 19.000
				  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 of 310 CMR 19.000, and the application thereof to persons or
				  circumstances which can be given effect without the invalid provision or
				  application.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.005 - Computation of Time

Current through Register 1525, July 5, 2024
Unless otherwise specifically provided by law or 310 CMR
				  19.000, any determination issued pursuant to 310 CMR 19.000, or any time period
				  prescribed or referred to in 310 CMR 19.000 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 Department's offices are closed, the deadline shall run until
				  the end of the next business day. If the time period prescribed or referred to
				  is six days or less, 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 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.008 - Accurate and Timely Submittals

Current through Register 1525, July 5, 2024
(1)
Accurate Submittals
. No person shall make any false,
				inaccurate, or misleading statement in any application, document, information
				or statement which that person submits or is required to submit to the
				Department pursuant to 310 CMR 19.000, or any permit, order or approval issued
				by the Department.
(2)
Timely Submittals
. Any application, document,
				information or statement which any person is required to submit to the
				Department shall be submitted within the time period prescribed in 310 CMR
				19.000, or any permit, order or approval issued by the Department unless
				otherwise specified by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.009 - Accurate and Complete Record Keeping

Current through Register 1525, July 5, 2024
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 310 CMR 19.000, or any permit, order, or approval
				  issued by the Department. Any record keeping which any person is required to
				  perform shall be promptly, fully, and accurately performed and shall otherwise
				  be in compliance with 310 CMR 19.000, and any permit, order or approval issued
				  by the Department.