reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.870 - License and Vehicle Identification Fees

Current through Register 1525, July 5, 2024
The amount of any license or vehicle identification device
				  fee charge pursuant to 310 CMR 30.000 shall be as prescribed by M.G.L. c. 21C,
				  unless otherwise prescribed by the Secretary of Administration and Finance
				  pursuant to authorizing legislation. No license shall issue until all
				  applicable license and vehicle identification fees have been paid to the
				  Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.880 - Compliance With MEPA

Current through Register 1525, July 5, 2024
Before the Department may act on an application, it shall
				  determine whether the application is subject to the Massachusetts Environmental
				  Policy Act, M.G.L. c. 30, §§ 61 through 62H, and
				  301 CMR
				  11.00, cited as MEPA throughout 310 CMR 30.000. If the
				  application is subject to MEPA, the Department shall verify that the applicant
				  has satisfactorily complied with all applicable provisions of
				  MEPA.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.890 - ADJUDICATORY HEARING PROCESS

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 21C, § 11, any person aggrieved by
				  a determination by the Department to issue, deny, modify, revoke, or suspend
				  any license or approval, or to issue an order, may request an adjudicatory
				  hearing before the Department pursuant to the provisions of M.G.L. c. 30A. For
				  the purposes of 310 CMR 30.000, an "aggrieved person" shall be deemed to be any
				  person who is or may become a "party" or "intervenor" pursuant to
				  310 CMR
				  1.00. A person aggrieved by a final decision in any
				  adjudicatory proceeding may obtain judicial review thereof pursuant to the
				  provisions of M.G.L. c. 30A.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.900 - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR TREATMENT, STORAGE, and DISPOSAL FACILITIES

Current through Register 1525, July 5, 2024
310 CMR
				  30.901 through 30.999, cited collectively as
				  310 CMR 30.900, set forth the requirements, procedures and options for
				  obtaining and maintaining in effect financial assurance for all facilities
				  which treat, store, or dispose of hazardous waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.901 - Applicability and Compliance

Current through Register 1525, July 5, 2024
(1) The
				requirements of
				310
				CMR 30.900 shall apply to owners or operators
				of all hazardous waste facilities, except as provided otherwise in 310 CMR
				30.901, or in 310 CMR 30.580 and 30.590, except as provided otherwise in 310
				CMR 30.901. All documents submitted to the Department for the purpose of
				demonstrating compliance with
				310
				CMR 30.900 shall be public records, and no
				such document shall be deemed to be, or treated as, confidential pursuant to
				310 CMR 3.00.
(a) The requirements of
				310 CMR
				30.905 and
				30.906
				apply only to owners or operators of facilities subject to 310 CMR 30.590
				through
				30.595.
(b) The requirements of
				310 CMR 30.908(2)
				 apply only to owners or operators of
				miscellaneous units, hazardous waste landfills, surface impoundments, hazardous
				waste incinerators, land treatment facilities, waste piles, underground tanks,
				and above-ground tanks for which secondary containment has not been
				demonstrated. A waiver from
				310 CMR 30.908(2)
				 may be granted, at the discretion of the
				Department, for miscellaneous units at which there has been no disposal of
				hazardous waste and underground storage tanks that may be visually
				inspected.
(c) The State and
				Federal governments are exempt from the requirements of
				310
				CMR 30.900.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.902 - Mailing of Notices

Current through Register 1525, July 5, 2024
All notices required to be sent to the Department pursuant to
				  310
				  CMR 30.900 shall be sent to:
Director Division of Hazardous Waste Department of
				  Environmental Quality Engineering Commonwealth of Massachusetts One Winter
				  Street Boston, Massachusetts 02108
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.903 - Cost Estimation for Closure

Current through Register 1525, July 5, 2024
(1) (Effective on
				and after July 1, 1988) The owner or operator shall, within the applicable time
				period prescribed in
				310 CMR
				30.901, prepare and submit to the Department
				a written estimate, in current dollars, of the cost of closing the facility
				pursuant to 310 CMR 30.580. This cost estimate shall equal the cost of closure
				at the point in the facility's operating life when the extent and manner of its
				operation would make closure the most expensive, as indicated by the closure
				plan. This cost estimate shall be certified by an independent Massachusetts
				registered professional engineer.
(2) The preparation of a current closure cost
				estimate shall be subject to the following provisions:
(a) To the extent that quantities of
				different hazardous wastes being stored or treated at the facility vary over
				the operating life of the facility, the owner or operator shall base the
				current closure cost estimate upon the cost of removing the maximum inventory
				of each hazardous waste that may occur during the operating life of the
				facility, regardless of whether a maximum inventory occurs simultaneously with
				any other maximum inventory or with the point in the facility's operating life
				when the extent and manner of its operations would make closure most expensive;
				and
(b) The current closure cost
				estimate may show at a cost no lower than zero those hazardous wastes for which
				the owner or operator persuades the Department that there is not a cost of
				alternate disposal of such hazardous wastes, that such hazardous wastes have a
				current economic value, and that such economic value will continue over the
				remaining operating life of the facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.905 - Cost Estimation for Post-closure Care

Current through Register 1525, July 5, 2024
(1) The
				owner or operator shall, within the applicable time period prescribed in
				310 CMR 30.901(3) or
				(4), prepare and submit to the Department a
				written estimate, in current dollars, of the cost of post-closure monitoring
				and maintenance of the facility pursuant to 310 CMR 30.590 through
				30.595.
				This cost estimate shall be calculated by multiplying the annual post-closure
				cost estimate by the number of years of post-closure care required in
				310 CMR
				30.592. This cost estimate shall be certified
				by an independent Massachusetts registered professional engineer.
(2) Within 60 days prior to each anniversary
				of the date on which the first post-closure cost estimate was prepared, the
				owner or operator shall prepare and submit to the Department an adjustment for
				inflation of the post-closure cost estimate. The adjustment shall be made as
				specified in 310 CMR 30.905, using an inflation factor derived from the annual
				implicit Price Deflator for Gross National Product as established by the U.S.
				Department of Commerce in its
Survey of Current Business
. The
				inflation factor shall be calculated by dividing the latest published annual
				Deflator by the Deflator for the previous year.
(a) The first adjustment shall be made by
				multiplying the post-closure cost estimate by the inflation factor. The result
				shall be the adjusted post-closure cost estimate.
(b) Subsequent adjustments shall be made by
				multiplying the latest adjusted post-closure cost by the inflation
				factor.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.907 - Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care

Current through Register 1525, July 5, 2024
An owner or operator may satisfy the requirements for
				  financial assurance for both closure and post-closure care for more than one
				  facility by using a trust fund, surety bond, letter of credit, or insurance, or
				  a combination thereof, which meets the specifications set forth in
				  310 CMR
				  30.904 and
				  30.906.
				  The amount of funds available through the mechanism(s) shall be no less than
				  the sum of funds that would be available if a separate mechanism(s) were to be
				  established and required to be maintained for financial assurance of closure
				  and post-closure care.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.909 - Wording of the Instruments.

Current through Register 1525, July 5, 2024
(1)
Trust Instruments
.
(a) A trust agreement for a trust fund
				established purusant to
				310 CMR 30.904(1),
				(2), (3), or (4), or pursuant to
				310 CMR
				30.906(1), (2), (3), or (4)
				shall be worded as follows, except that instructions in brackets are to be
				replaced with the relevant information and the brackets deleted.
TRUST AGREEMENT This Trust Agreement, hereafter referred to
				  as the "Agreement", is entered into as of [date] by and between [name of the
				  owner or operator], a [name of State] [insert "corporation", "partnership",
				  "association", "trust", or "individual"], hereafter referred to as the
				  "Grantor", and [name of corporate trustee], [insert "incorporated in the State
				  of " or "a national bank"],
hereafter referred to as the "Trustee".
Whereas the Department of Environmental Quality Engineering,
				  hereafter referred to as the "Department", an agency of the Commonwealth of
				  Massachusetts, has established certain regulations applicable to the Grantor,
				  requiring that the Grantor shall provide assurance that funds will be available
				  when needed for closure and/or post-closure care of the facility identified in
				  Schedule A; and Whereas, the Grantor has elected to establish a [insert either
				  "trust fund" or "stand-by trust fund"] to provide all or part of such financial
				  assurance for the facility identified in Schedule A; and Whereas, the Grantor,
				  acting through its duly authorized officers, has selected the Trustee to be the
				  trustee under this Agreement, and the Trustee is willing to act as
				  trustee.
Now, Therefore, the Grantor and the Trustee agree as
				  follows:
Section 1.
Definitions
.
(a) The term
				"Grantor" means [name of the owner or operator].
(b) The term "Trustee" means [name of
				corporate trustee], [insert "incorporated in the State of " or "a national
				bank"], and any successor thereof.
(c) The terms "Department" and "Beneficiary"
				mean the Department of Environmental Quality Engineering, an agency of the
				Commonwealth of Massachusetts, and any successor of the said
				Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1001 - Scope

Current through Register 1525, July 5, 2024
(1) The provisions of
				310
				CMR 30.1001 through
				30.1099, cited collectively
				as 310 CMR 30.1000, establish
				requirements for managing universal wastes.
				310
				CMR 30.1000 establishes requirements for
				managing the following wastes as further described in
				310
				CMR 30.1020:
(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 30.1020 - Applicability - Wastes Covered

Current through Register 1525, July 5, 2024
(1)
Batteries
.
(a)
Batteries Covered under
				310
				CMR 30.1000
. The requirements of
				310
				CMR 30.1000 apply to batteries, except those
				listed in
				310
				CMR 30.1020(1)(b).
(b)
Batteries not Covered under
				310
				CMR 30.1000
. The requirements
				of310 CMR 30.1000 do not apply
				to the following batteries:
1. Spent lead-acid
				batteries that are managed under
				310
				CMR 30.280.
2. Batteries that are not subject to
				hazardous waste regulation. A battery is not subject to hazardous waste
				regulation if it meets any of the following:
a. It has been used but has not yet been
				discarded or sent for recycling;
b.
				It has not been used and the handler has not decided to discard or recycle it;
				and
c. It does not exhibit one or
				more of the characteristics identified in
				310
				CMR 30.120.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1031 - Applicability

Current through Register 1525, July 5, 2024
The provisions of
				  310
				  CMR 30.1031 through
				  30.1039, cited collectively
				  as 310 CMR 30.1030, apply to
				  small quantity handlers of universal waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1032 - Prohibitions

Current through Register 1525, July 5, 2024
(1) A small quantity handler of universal
				waste is:
(a) Prohibited from disposing of
				universal waste; and
(b) Prohibited
				from diluting, treating or recycling universal waste, except by responding to
				releases as provided in
				310
				CMR 30.1036; or by managing specific wastes
				as provided in
				310
				CMR 30.1034.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1033 - Notification, Change of Status, and Closure

Current through Register 1525, July 5, 2024
(1) A small quantity
				handler of universal waste is not required to notify the Department of
				universal waste handling activities.
(2) A small quantity handler who has not
				already notified the Department of its hazardous waste activities and
				anticipates accumulating 5,000 kilograms or more total of universal waste shall
				send written notification of universal waste management to the Department, and
				receive an EPA Identification Number, before meeting or exceeding the
				5,000-kilogram limit. If the Department prescribes a form for such a
				notification, the handler submitting the notification shall use such form when
				making the notification. Such a notification, at a minimum, shall specify that
				the handler has become a large quantity handler and shall also specify that the
				handler is in compliance with
				310
				CMR 30.1040. Each notification shall be
				signed, certified and submitted in compliance with
				310
				CMR 30.006 and
				30.009. The handler shall not
				thereafter change status except as provided in 30.1043.
(3) A small quantity handler of all universal
				wastes except batteries, who has already notified the Department of its
				hazardous waste activities and anticipates accumulating 5,000 kilograms or more
				total of universal waste, excluding batteries, shall submit to the Department,
				in writing, a change of status request. If the Department prescribes a form for
				such change of status requests, the handler submitting the change of status
				request shall use such form. Such a request, at a minimum, shall specify that
				the handler has become a large quantity handler and shall also specify that the
				handler is in compliance with
				310
				CMR 30.1040. Each change of status request
				shall be signed, certified and submitted in compliance with
				310
				CMR 30.006 and
				30.009. The handler shall not
				thereafter change status except as provided in
				310
				CMR 30.1043. A small quantity handler of
				universal wastes batteries, who has already notified the Department of its
				hazardous waste activities and anticipates accumulating 5,000 kilograms or more
				of universal waste batteries, is not required to submit a change of status
				request.
(4) A small quantity
				handler of universal waste who ceases operations shall comply with
				310
				CMR 30.689.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1034 - Waste Management

Current through Register 1525, July 5, 2024
(1)
Universal Waste Batteries
. A small quantity handler of
				universal waste shall manage universal waste batteries in a way that prevents
				releases of any universal waste or component of a universal waste to the
				environment, as follows:
(a) A small quantity
				handler of universal waste shall contain any universal waste battery that shows
				evidence of leakage, spillage, or damage that could cause leakage under
				reasonably foreseeable conditions in a container. The container shall be
				closed, structurally sound, compatible with the contents of the battery, and
				shall lack evidence of leakage, spillage, or damage that could cause leakage
				under reasonably foreseeable conditions.
(b) A small quantity handler of universal
				waste may conduct any of the following activities as long as the casing of each
				individual battery cell is not breached and remains intact and closed (except
				that cells may be opened to remove electrolyte but must be immediately closed
				after removal):
1. Sorting batteries by
				type;
2. Mixing battery types in
				one container;
3. Discharging
				batteries so as to remove the electric charge;
4. Regenerating used batteries;
5. Disassembling batteries or battery packs
				into individual batteries or cells;
6. Removing batteries from consumer products;
				or
7. Removing electrolyte from
				batteries.
(c) A small
				quantity handler of universal waste who removes electrolyte from batteries or
				who generates other waste (
e.g
., battery pack materials,
				discarded consumer products) as a result of the activities listed above, shall
				determine whether the other waste exhibits a characteristic of hazardous waste
				identified in
				310
				CMR 30.120.
1. If the electrolyte or other waste exhibits
				a characteristic of hazardous waste, it is subject to all applicable
				requirements of
				310
				CMR 30.001 through
				30.900. The handler is
				considered the generator of the hazardous waste and is subject to
				310
				CMR 30.300.
2. If the electrolyte or other waste is not
				hazardous, the handler may manage the waste in any way that is in compliance
				with applicable federal, state and local solid waste laws and
				regulations.
(d)
Labeling/Marking of Batteries
. Universal waste
				batteries
(i.e.
, each battery), or a container in which the
				batteries are contained, shall be labeled or marked clearly with any one of the
				following phrases: "Universal Waste-Battery(ies)", or "Waste Battery(ies)", or
				"Used Battery(ies)".
(e)
Accumulation Standards
. A small quantity handler of
				universal waste shall accumulate universal waste batteries in compliance with
				310
				CMR 30.1034(7).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1035 - Employee Training

Current through Register 1525, July 5, 2024
A small quantity handler of universal waste shall inform all
				  employees who handle or have responsibility for managing universal waste of
				  proper handling and emergency procedures appropriate to the type(s) of
				  universal waste handled at the facility. For examples of topics that can be
				  addressed in employee training,
see
310
				  CMR
				  30.516(2).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1036 - Response to Releases

Current through Register 1525, July 5, 2024
(1) A small quantity
				handler of universal waste shall immediately contain all releases of universal
				wastes and other residues from universal wastes.
(2) A small quantity handler of universal
				waste shall determine whether any material resulting from the release is
				hazardous waste, and if so, shall manage the hazardous waste in compliance with
				all applicable requirements of
				310
				CMR 30.001 through
				30.900. The handler is
				considered the generator of the material resulting from the release, and shall
				manage it in compliance with
				310
				CMR 30.300.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1037 - Off-site Shipments

Current through Register 1525, July 5, 2024
(1) A small quantity
				handler of universal waste is prohibited from sending or taking universal waste
				to a place other than another universal waste handler, a destination facility,
				or a foreign destination.
(2) If a
				small quantity handler of universal waste self-transports universal waste
				off-site, the handler becomes a universal waste transporter for those
				self-transportation activities and shall comply with the transporter
				requirements of
				310
				CMR 30.1050 while transporting the universal
				waste.
(3) If a universal waste
				being offered for off-site transportation meets the definition of hazardous
				materials under 49 CFR parts 171 through 180, a small quantity handler of
				universal waste shall package, label, mark and placard the shipment, and
				prepare the proper shipping papers in compliance with the applicable Department
				of Transportation regulations under 49 CFR parts 172 through 180.
(4) Prior to sending a shipment of universal
				waste to another universal waste handler, the originating handler shall ensure
				that the receiving handler agrees to receive the shipment.
(5) If a small quantity handler of universal
				waste sends a shipment of universal waste to another handler or to a
				destination facility and the shipment is rejected by the receiving handler or
				destination facility, the originating handler shall either:
(a) Receive the waste back when notified that
				the shipment has been rejected; or
(b) Agree with the receiving handler on a
				destination facility to which the shipment will be sent.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1039 - Exports

Current through Register 1525, July 5, 2024
A small quantity handler of universal waste who sends
				  universal waste to a foreign destination shall:
(1) Comply with the requirements applicable
				to a primary exporter in 40 CFR 262.53, 262.56(a)(1) through (4), 262.56(a)(6),
				262.56(b) and 262.57, as incorporated by reference at
				310
				CMR 30.361(2)(a), and
				(b);
(2) Export such universal waste only upon
				consent of the receiving country and in conformance with the EPA Acknowledgment
				of Consent; and
(3) Provide a copy
				of the EPA Acknowledgment of Consent for the shipment to the transporter
				transporting the shipment for export.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1041 - Applicability

Current through Register 1525, July 5, 2024
The provisions of
				  310
				  CMR 30.1041 through
				  30.1049, cited collectively
				  as 310 CMR 30.1040, apply to
				  large quantity handlers of universal waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1042 - Prohibitions

Current through Register 1525, July 5, 2024
A large quantity handler of universal waste is required to
				  comply with the prohibitions stated at
				  310
				  CMR 30.1032.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1043 - Notification

Current through Register 1525, July 5, 2024
(1)
EPA Identification
				Number
.
(a) Except as provided in
				310
				CMR 30.1043(1)(b), a large
				quantity handler of universal waste shall have sent written notification of
				universal waste management to the Department, and received an EPA
				Identification Number, before meeting or exceeding the 5,000-kilogram
				accumulation limit.
(b) A large
				quantity handler of any universal waste, except batteries, that has already
				notified the Department of its hazardous waste management activities and has
				received an EPA Identification Number is not required to obtain another EPA
				Identification Number, but shall notify the Department of its universal waste
				activity, excluding batteries. A large quantity handler of universal waste
				batteries that has already received an EPA Identification Number is not
				required to notify the Department of its universal waste battery
				activity.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1044 - Waste Management

Current through Register 1525, July 5, 2024
(1)
Universal Waste Batteries
. A large quantity handler of
				universal waste shall manage universal waste batteries in compliance with
				310
				CMR 30.1034(1)(a) through
				(e).
(2)
Universal Waste
				Pesticides
. A large quantity handler of universal waste shall
				manage universal waste pesticides in compliance with
				310
				CMR 30.1034(2)(a) through
				(d).
(3)
Universal Waste
				Thermostats
. A large quantity handler of universal waste shall
				manage universal waste thermostats in compliance with
				310
				CMR 30.1034(3)(a) through
				(e).
(4)
Mercury-containing
				Devices
. A large quantity handler of universal waste shall manage
				universal waste mercury-containing devices in compliance with
				310
				CMR 30.1034(4)(a) through
				(e).
(5)
Mercury-containing
				Lamps
. A large quantity handler of universal waste shall manage
				universal waste mercury-containing lamps in compliance with
				310
				CMR 30.1034(5)(a) through
				(e).
(6)
Aerosol Cans
. A
				large quantity handler of universal waste shall manage universal waste aerosol
				cans in compliance with
				310
				CMR 30.1034(6)(a) through
				(f).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1045 - Employee Training

Current through Register 1525, July 5, 2024
A large quantity handler of universal waste shall ensure that
				  all employees are thoroughly familiar with proper universal waste handling and
				  emergency procedures, relative to their responsibilities during normal facility
				  operations and emergencies. For examples of topics that can be addressed in
				  employee training,
see
310
				  CMR
				  30.516(2).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1048 - Tracking Universal Waste Shipments

Current through Register 1525, July 5, 2024
(1)
Receipt of Shipments
. A large quantity handler of
				universal waste shall keep a record of each shipment of universal waste
				received. The record shall take the form of a log, invoice, manifest, bill of
				lading, or other shipping document. All record-keeping shall be in compliance
				with 310 CMR 30.007. The record
				for each shipment of universal waste received shall include the following
				information:
(a) The name and address of the
				originating universal waste handler or foreign shipper from whom the universal
				waste was sent;
(b) The quantity of
				each type of universal waste received; and
(c) The date of receipt of the shipment of
				universal waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1049 - Exports

Current through Register 1525, July 5, 2024
A large quantity handler of universal waste who sends
				  universal waste to a foreign destination shall comply with
				  310
				  CMR 30.1039.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1051 - Applicability

Current through Register 1525, July 5, 2024
The provisions of
				  310
				  CMR 30.1051 through
				  30.1059, cited collectively
				  as 310 CMR 30.1050, apply to
				  universal waste transporters.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1052 - Prohibitions

Current through Register 1525, July 5, 2024
(1) A universal waste transporter is
				prohibited from:
(a) disposing of or recycling
				universal waste; and
(b) diluting
				or treating universal waste, except by responding to releases as provided in
				310
				CMR 30.1054.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1053 - Waste Management

Current through Register 1525, July 5, 2024
(1) A universal
				waste transporter shall comply with all applicable U.S. Department of
				Transportation regulations in 49 CFR part 171 through 180 for transport of any
				universal waste1  that meets the definition of
				hazardous material in 49 CFR
				171.8.
(2) Transporters shall comply with the
				following requirements regarding universal wastes in transit:
(a) A universal waste transporter may hold
				universal waste batteries at a universal waste transfer facility for ten days
				or less.
(b) If a universal waste
				transporter holds universal waste batteries for more than ten days, the
				transporter becomes a universal waste handler and must comply with the
				applicable requirements of
				310
				CMR 30.1030 or
				30.1040 while holding the
				universal waste.
(c) For all
				universal wastes other than batteries managed in compliance with
				310
				CMR 30.1053(2)(a) or (b), a
				universal waste transporter shall comply with
				310
				CMR 30.408 regarding wastes in transit.
				[Note: five-day limit and other restrictions apply under
				310
				CMR 30.408.]
1 For purposes of the Department
				  of Transportation regulations, a material is considered a hazardous waste if it
				  is subject to the hazardous waste manifest requirements specified in
				  310
				  CMR 30.300. Because universal waste does not
				  require a hazardous waste manifest, it is not considered hazardous waste under
				  the Department of Transportation regulations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1054 - Response to Releases

Current through Register 1525, July 5, 2024
(1) A universal
				waste transporter shall immediately contain all releases of universal wastes
				and other residues from universal wastes.
(2) A universal waste transporter shall
				determine whether any material resulting from the release is hazardous waste,
				and if so, it is subject to all applicable requirements of
				310
				CMR 30.001 through
				30.900. If the waste is
				determined to be a hazardous waste, the transporter is subject to
				310
				CMR 30.300.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1055 - Off-site Shipments

Current through Register 1525, July 5, 2024
(1) A universal
				waste transporter is prohibited from transporting the universal waste to a
				place other than a universal waste handler, a destination facility or a foreign
				destination.
(2) If the universal
				waste being shipped off-site meets the Department of Transportation's
				definition of hazardous materials under
				49 CFR
				171.8, the shipment shall be properly
				described on a shipping paper in compliance with the applicable Department of
				Transportation regulations under 49 CFR part 172.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1056 - Exports

Current through Register 1525, July 5, 2024
A universal waste transporter transporting a shipment of
				  universal waste to a foreign destination may not accept a shipment if the
				  transporter knows the shipment does not conform to the EPA Acknowledgment of
				  Consent. In addition the transporter shall ensure that:
(1) A copy of the EPA Acknowledgment of
				Consent accompanies the shipment; and
(2) The shipment is delivered to the facility
				designated by the person initiating the shipment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1060 - Standards for Destination Facilities

Current through Register 1525, July 5, 2024
The provisions of
				  310
				  CMR 30.1061 through
				  30.1069, cited collectively
				  as 310 CMR 30.1060, apply to
				  destination facilities.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1061 - Applicability

Current through Register 1525, July 5, 2024
The owner or operator of a destination facility is subject to
				  all applicable requirements of
				  310
				  CMR 30.001 through
				  30.200 and
				  310
				  CMR 30.500 through
				  30.900.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1062 - Shipments

Current through Register 1525, July 5, 2024
(1) The owner or operator of a destination
				facility is prohibited from sending or taking universal waste to a place other
				than another destination facility, or a foreign destination, except as provided
				in 310 CMR
				30.1062(2)(a).
(2) The owner or operator of a destination
				facility may reject a shipment containing universal waste, or a portion of a
				shipment containing universal waste. If the owner or operator of the
				destination facility rejects a shipment or a portion of a shipment, it shall
				contact the shipper to notify him of the rejection and to discuss reshipment of
				the load. The owner or operator of the destination facility shall:
(a) Send the shipment back to the original
				shipper, or
(b) If agreed to by
				both the shipper and the owner or operator of the destination facility, send
				the shipment to another destination facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1063 - Tracking Universal Waste Shipments

Current through Register 1525, July 5, 2024
(1) The owner or
				operator of a destination facility shall keep a record of each shipment of
				universal waste received at the facility. The record shall take the form of a
				log, invoice, manifest, bill of lading, or other shipping document. The record
				for each shipment of universal waste received shall include the following
				information:
(a) The name and address of the
				universal waste handler, destination facility, or foreign shipper from whom the
				universal waste was received;
(b)
				The quantity of each type of universal waste received; and
(c) The date of receipt of the shipment of
				universal waste.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1070 - Import Requirements

Current through Register 1525, July 5, 2024
The provisions of
				  310
				  CMR 30.1071 through
				  30.1079, cited collectively
				  as 310 CMR 30.1070, apply to
				  universal wastes that are imported from a foreign country.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1071 - Imports

Current through Register 1525, July 5, 2024
Persons managing universal waste that is imported from a
				  foreign country into Massachusetts are subject to the applicable requirements
				  of 310 CMR 30.1000, immediately
				  after the waste enters Massachusetts.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1081 - General

Current through Register 1525, July 5, 2024
(1) The Department may add a hazardous waste
				or a category of hazardous waste to the universal waste regulations of
				310
				CMR 30.1000 either on its own initiative or
				in response to a written request.
(2) Each request to add a hazardous waste or
				a category of hazardous waste shall be submitted to the Department and include:
(a) The requester's name and
				address;
(b) A statement of the
				requester's interest in the addition of the waste to the universal waste
				rule;
(c) A description of the
				waste requested to be added to the universal waste rule and a description of
				the methods by which the waste is requested to be managed; and
(d) A statement of the need and justification
				for adding the new waste to the universal waste rule based upon the criteria
				contained within
				310
				CMR 30.1082, including any supporting tests,
				studies, or other information.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1082 - Factors for Adding Other Wastes under 310 CMR 30.1000

Current through Register 1525, July 5, 2024
(1)
				The waste or category of waste, as generated by a wide variety of generators,
				is listed in
				310
				CMR 30.130, or (if not listed) a proportion
				of the waste stream exhibits one or more characteristics of hazardous waste
				identified in
				310
				CMR 30.120. (When a characteristic waste is
				added to the universal waste regulations of
				310
				CMR 30.1000 by using a generic name to
				identify the waste category (
e.g
., batteries), the definition
				of universal waste in
				310
				CMR 30.1020 will be amended to include only
				the hazardous waste portion of the waste category (
e.g
.,
				hazardous waste batteries). Thus, only the portion of the waste stream that
				does exhibit one or more characteristics (
i.e
., is hazardous
				waste) is subject to the universal waste regulations of
				310
				CMR 30.1000;
(2) The waste or category of waste is not
				exclusive to a specific industry or group of industries, is commonly generated
				by a wide variety of types of establishments (including, for example,
				households, retail and commercial businesses, office complexes, very small
				quantity generators, small businesses, government organizations, as well as
				large industrial facilities);
(3)
				The waste or category of waste is generated by a large number of generators
				(
e.g
., more than 1,000 nationally) and is frequently generated
				in relatively small quantities by each generator;
(4) Systems to be used for collecting the
				waste or category of waste (including packaging, marking, and labeling
				practices) would ensure close stewardship (
i.e
., proper care
				and control) of the waste;
(5) The
				risk posed by the waste or category of waste during accumulation and transport
				is relatively low compared to other hazardous wastes. Any specific management
				standards proposed (
e.g
., waste management requirements
				appropriate to be added to
				310
				CMR 30.1034,
				30.1044, and
				30.1053; and/or applicable
				Department of Transportation requirements) shall be protective of public
				health, safety, welfare and the environment during accumulation and
				transport;
(6) Regulation of the
				waste or category of waste under
				310
				CMR 30.1000 will increase the likelihood that
				the waste will be diverted from non-hazardous waste management systems
				(
e.g
., the municipal waste stream, non-hazardous industrial or
				commercial waste stream, municipal sewer or stormwater systems) to recycling,
				treatment, or disposal in compliance with M.G.L. c. 21C and 310 CMR
				30.000.
(7) Regulation of the waste
				or category of waste under
				310
				CMR 30.1000 will improve implementation of
				and compliance with the hazardous waste regulatory program; and/or
(8) Such other factors as may be deemed
				appropriate by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1100 - Wastes and Activities Subject to Waiver

Current through Register 1525, July 5, 2024
310 CMR 30.1100 through
				  30.1103, cited collectively
				  as 310 CMR 30.1100, is
				  promulgated pursuant to the authority set forth in M.G.L. c. 21C, § 4 and
				  310
				  CMR 30.001, and sets forth requirements for
				  wastes and activities determined by the Department to be insignificant as a
				  potential hazard to public health, safety, welfare or the environment, or the
				  handling, treating, storing, use, processing, or disposal of which is
				  adequately regulated by another governmental agency, consistent with
				  regulations promulgated under the federal Resource Conservation and Recovery
				  Act as administered by U.S. EPA.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1101 - General Requirements for Wastes and Activities Subject to Waiver

Current through Register 1525, July 5, 2024
(1) Any person who engages in any activity
				subject to
				310
				CMR 30.1100 may do so without complying with
				the specific requirements expressly waived by
				310
				CMR 30.1100 or by any waiver determination
				from the Department, provided that such person complies with the applicable
				terms and conditions set forth in
				310
				CMR 30.1100 and in any waiver determination,
				and all other applicable requirements in
				310
				CMR 30.0000 that are not expressly waived.
				All provisions of
				310
				CMR 30.0000 that are not expressly waived in
				310
				CMR 30.1100 shall remain in effect for that
				activity.
(2) If a person fails to
				comply with any term or condition of a waiver determination or any requirement
				set forth or referenced in
				310
				CMR 30.1100, or if the Department determines
				that a waste or activity is no longer insignificant as a potential hazard to
				public health, safety, welfare or the environment or is no longer adequately
				regulated by another governmental agency, when managed or conducted in
				compliance with the conditions of the waiver and the requirements set forth in
				310
				CMR 30.1100, the Department may:
(a) order the person to cease any further
				activity otherwise allowed under
				310
				CMR 30.1100 and to comply with all provisions
				of 310 CMR 30.0000 that apply in
				the absence of any waiver (including, but not limited to, obtaining a valid
				license from the Department),
(b)
				modify, suspend, or revoke any waiver determination, at the Department's
				discretion, and
(c) take any other
				action authorized by law.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1103 - Treatment of Corrosive Hazardous Waste in an Elementary Neutralization Unit

Current through Register 1525, July 5, 2024
(1)
				A generator of aqueous corrosive hazardous waste may conduct elementary
				neutralization of such waste in an elementary neutralization unit at the site
				of generation in
lieu
of the licensing requirements of
				310
				CMR 30.500 through
				30.900 for treatment of
				corrosive hazardous waste, provided that the generator complies with all
				provisions in
				310
				CMR 30.1103 and all applicable generator
				provisions in
				310
				CMR 30.0000.
(2) No person shall conduct elementary
				neutralization of any hazardous waste in an elementary neutralization unit
				without a license, except for corrosive hazardous waste that:
(a) prior to treatment is aqueous;
(b) is hazardous solely because it exhibits
				the corrosivity characteristic defined in
				310
				CMR 30.123(1)(a);
				and
(c) if the waste is listed in
				310
				CMR 30.131, is listed solely because it
				exhibits the corrosivity characteristic.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.01 - Authority

Current through Register 1525, July 5, 2024
310 CMR 32.00 is promulgated
				pursuant to the authority granted by M.G.L. c. 21, §§ 27(9), 27(12)
				and 43; M.G.L. c. 21A, § 2(28); and M.G.L. c. 111, § 160. Pursuant to
				M.G.L. c. 30A, §§ 1(5), 2, and 3,
				310 CMR 32.00 is promulgated
				to set forth standards and requirements of general application and future
				effect which shall be used to implement, interpret, and enforce M.G.L. c. 21,
				§§ 33D and 34; M.G.L. c. 83, §§ 6 and 7; and M.G.L. c. 111,
				§§ 5G, 17, 31D, and 150A.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.02 - Purpose

Current through Register 1525, July 5, 2024
310 CMR 32.00 is intended to
				allow the land application of sludge and septage for beneficial purposes in a
				manner that will protect public health and the environment from possible
				contamination which could occur from pathogens, metals, or toxic chemical
				compounds.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.03 - Severability

Current through Register 1525, July 5, 2024
It is hereby declared that the provisions of
				310 CMR 32.00 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
				which can be given effect without the invalid provisions or
				application.