reglab/statecodes huggingface dataset:
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 19.010 - Accurate Monitoring

Current through Register 1525, July 5, 2024
No person shall falsify, tamper, or render inaccurate any
				  monitoring device or method which any person maintains, or which is required to
				  be maintained pursuant to 310 CMR 19.000, or any permit, approval or order
				  issued by the Department. Any monitoring 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 order, permit or approval issued
				  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 19.012 - Determinations by the Department

Current through Register 1525, July 5, 2024
(1)
Burden
. Where an applicant is seeking a permit,
				determination, authorization or approval from the Department the applicant has
				the burden of establishing, on the basis of credible evidence from a competent
				source, such facts as are necessary to meet the conditions and criteria set
				forth in the applicable provisions of 310 CMR 19.000.
(2)
Additional
				Information
. In addition to such submissions as the applicant may
				make, the Department may accept and rely upon credible evidence from other
				competent sources.
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 19.013 - Exemptions

Current through Register 1525, July 5, 2024
(1)
Facilities and Operations Not
				Subject to 310 CMR 19.000
. Any facility or operation exempt from
				site assignment by the Site Assignment for Solid Waste Facilities Regulations,
				310 CMR 16.00:
Site
				Assignment Regulations for Solid Waste Facilities
, is exempt from the
				requirements of 310 CMR 19.000.
(2)
Permit Exemptions for Facilities Undertaking Actions Pursuant to
				M.G.L. c. 21E
. Solid waste management facilities undertaking an
				emergency action or remedial action pursuant to M.G.L. c. 21E, and the
				regulations promulgated thereunder, shall not be required to obtain any
				additional permits or authorizations pursuant to 310 CMR 19.000, in order to
				carry out the actions ordered or directed by the Department pursuant to M.G.L.
				c. 21E and any regulations or policies promulgated thereunder.
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 19.014 - Prohibition on Open Dumps and Dumping Grounds and Illegal Disposal of Solid Waste

Current through Register 1525, July 5, 2024
(1) No person shall
				establish, construct, operate or maintain a dumping ground or operate or
				maintain a landfill in Massachusetts in such manner as to constitute an open
				dump. For the purpose of 310 CMR 19.014, the phrase "establish, construct,
				operate or maintain" shall include without limitation, disposing or contracting
				for the disposal of refuse in a dumping ground or open dump.
(2) No person shall dispose or contract for
				the disposal of solid waste at any place in Massachusetts which has not been
				approved by the Department pursuant to M.G.L. c.111, § 150A,
				310 CMR 16.00:
Site
				Assignment Regulations for Solid Waste Facilities
or 310 CMR
				19.000.
(3) No person shall dispose
				or contract for the disposal of solid waste at any facility in Massachusetts
				that is not approved to manage the particular type of solid waste being
				disposed.
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 19.015 - Compliance

Current through Register 1525, July 5, 2024
No person shall construct, modify, operate or maintain a
				  facility except in compliance with a site assignment, permit or plan approved
				  by the board of health or the Department, as applicable, and any authorizations
				  issued by the Department and all conditions included in a permit, approval or
				  authorization for said facility.
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 19.016 - Post-closure Use

Current through Register 1525, July 5, 2024
No person shall use a solid waste management facility site
				  for any purpose after closure without:
(a) obtaining a written approval from the
				Department for any post-closure use on a landfill's final cover or affecting an
				appurtenance to said landfill, including but not limited to, appurtenances
				required for the management of leachate, landfill gas and stormwater; or (b)
				submitting a valid certification in accordance with
				310 CMR
				19.035 for a post-closure use at a transfer
				station which is not a C&D transfer station; or
(c) obtaining a presumptive approval in
				accordance with
				310 CMR
				19.034 for any other type of post-closure use
				at a solid waste facility not subject to 310 CMR 19.016(1)(a) or (b).
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 19.017 - Waste Bans

Current through Register 1525, July 5, 2024
(1)
Purpose
. The Department may restrict or prohibit the
				disposal, or transfer for disposal, of certain components of the solid waste
				stream when it determines that:
(a) disposal
				of the material presents a potential adverse impact to public health, safety or
				the environment; or
(b) a
				restriction or prohibition will result in the extension of the useful life or
				capacity of a facility or class of facilities or reduce its environmental
				impact; or
(c) a restriction or
				prohibition will promote reuse, waste reduction, or recycling.
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 19.018 - Third-party Inspections

Current through Register 1525, July 5, 2024
(1)
Purpose
. 310 CMR 19.018 sets forth third-party
				inspection requirements for specific types of facilities.
(2)
Applicability
.
(a) The third-party inspection requirements
				at 310 CMR 19.018 shall apply to the following types of facilities and to
				individuals who conduct third-party inspections at such facilities:
1. active landfills;
2. closed landfills;
3. handling facilities;
4. combustion facilities; and
5. other solid waste activities or
				facilities, as determined 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 19.028 - Requirements for Construction, Operation, Modification or Expansion of a Solid Waste Management Facility

Current through Register 1525, July 5, 2024
No person shall construct, operate, maintain, expand or
				  modify a facility to store, process, transfer, treat or dispose of solid waste
				  except in accordance with:
(1) a valid
				site assignment;
(2) a solid waste
				management facility permit ("permit") and any applicable facility expansion
				permit issued in accordance with
				310
				CMR 19.032;
(3) an authorization to construct the
				facility issued by the Department in accordance with
				310 CMR
				19.041;
(4) an authorization to operate the facility
				issued by the Department in accordance with
				310 CMR
				19.042 or, for a transfer station which is
				not a C&D waste transfer station, a certification in accordance with
				310 CMR
				19.035; and
(5) any applicable modification permit
				pursuant to
				310
				CMR 19.033 or
				19.034.
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 19.029 - Applicable Permit and Certification Procedures for Construction, Operation, Modification or Expansion of a Solid Waste Management Facility

Current through Register 1525, July 5, 2024
(1)
Use of Permit Procedure at
				310
				CMR 19.032
. The permit
				procedure set forth at
				310
				CMR 19.032 shall be used to review the
				following:
(a) an application for a new
				facility;
(b) an application for
				expansion of a handling facility, including a transfer station;
(c) an application for expansion of a
				combustion facility;
(d) an
				application for lateral expansion of a landfill;
(e) an application for vertical expansion of
				a landfill; or
(f) any other
				application the Department deems appropriate.
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 19.032 - Permit Procedure for a New Facility or Expansion Permit Application

Current through Register 1525, July 5, 2024
(1)
General
. 310 CMR
				19.032 describes the permit procedure for a permit application for a new
				facility, an expansion of an existing facility, or for any other application
				the Department deems appropriate as specified in
				310
				CMR 19.029(1).
(2)
Draft Decision
.
(a) The Department shall prepare a draft
				decision. A draft decision for granting a permit shall include all appropriate
				conditions, standards, and requirements necessary to establish a new facility
				or to conduct approved activities at an existing facility.
(b) Each draft decision shall be accompanied
				by a fact sheet briefly describing:
1. the
				facility or activity which is the subject of the draft decision;
2. the type and quantity of wastes which are
				to be handled;
3. the reasons for
				the terms and conditions set forth therein; and
4. the reasons why requested variances or
				alternatives to required standards are or are not proposed to be
				approved.
(c)
Distribution of the Draft Decision
. The Department
				shall send a copy of the draft decision and the accompanying fact sheet to the
				applicant, the local board of health, abutting board of health, if any, and, on
				written request, to any other person.
(d)
Description of
				Procedures
. A description of the procedures for reaching a final
				decision on the permit application shall accompany the copy of the draft
				decision and shall include:
1. the beginning
				and ending dates of the comment period and the address where comments will be
				received;
2. any other procedures
				by which the public may participate in the process leading to a final permit
				decision; and
3. the name and
				telephone number of an individual to contact for additional
				information.
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 19.033 - Permit Procedure for an Application for a Permit Modification or Other Approval

Current through Register 1525, July 5, 2024
(1)
General
. 310 CMR 19.033 describes the permit procedure
				for a permit application for certain modifications to a facility or other
				permit application as specified in
				310
				CMR 19.029(2).
(2)
Issuance of Permit
				Decision
. The Department shall mail a copy of its permit decision
				on an application to the applicant, the board of health of the municipality in
				which the facility is located, the board of health of any municipality within
				½ mile of the proposed facility and any other person who has requested
				in writing that the Department provide a copy of the permit decision.
(3)
Effective Date
.
				Unless otherwise stated in the permit decision, the permit decision shall be
				effective upon its issuance.
(4)
Review of Decision
.
(a)
Provisional
				Decision
. The Department may defer the effective date of a permit
				decision for the purpose of obtaining comments by issuing a provisional permit
				decision. Such a provisional decision shall be accompanied by a notice stating
				that written comments may be submitted to the Department for a period of at
				least 21 days after the date of issuance of the provisional decision. Prior to
				the effective date established therein, the Department shall issue a final
				permit decision at the end of the comment period.
(b) Where no provisional decision is issued,
				an applicant aggrieved by the Department's permit decision, within 21 days of
				the issuance of the Department's permit decision to the applicant, may file a
				written request, with the appropriate regional office of the Department, that
				the permit decision be deemed a provisional decision, and a written statement
				of the basis on which the applicant believes it is aggrieved, together with any
				supporting materials. Upon timely filing of such a request, the permit decision
				shall be deemed a provisional decision. Such a request shall reopen the
				administrative record, and the Department shall issue a final permit decision
				after the end of the comment period. Failure by an applicant to exercise the
				right provided in 310 CMR 19.033(4)(b) shall constitute a waiver of the
				applicant's right to appeal.
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 19.034 - Presumptive Approval Procedure

Current through Register 1525, July 5, 2024
310 CMR 19.034 describes the procedure for the Department's
				  presumptive approval of certain activities at or modifications to a facility.
				  Any activity or modification specified in
				  310
				  CMR 19.029(3)  may be made
				  without prior written approval from the Department provided that:
(1) at least 45 days prior to commencing such
				activity or modification, the owner or operator submits to the Department and
				the board of health a written description of the proposed activity or
				modification on an application form provided by the Department;
(2) within 45 days of receipt of the form,
				the Department has not determined, in a letter to the owner and operator, that
				310 CMR 19.034 does not apply to the proposed activity or modification or that
				additional information is needed to make that determination; and
(3) within 45 days of completion of the
				modification, the owner or operator submits to the Department as-built plans
				and/or a report describing the modification, provided that no additional
				documentation is necessary where there was no physical modification to the
				facility.
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 19.035 - Transfer Station Certifications

Current through Register 1525, July 5, 2024
(1)
Qualifications for Transfer Station Certification
. To
				be eligible to submit a transfer station certification, a transfer station must
				have a valid facility permit. Any expiration date contained in the transfer
				station permit shall have no force and effect after the owner or operator of
				the transfer station submits a valid certification pursuant to 310 CMR
				19.035.
(2)
Certification Filing Schedule
. The responsible
				official for a transfer station that is not a C&D waste transfer station
				shall submit a certification to the Department in accordance with 310 CMR
				19.035 by the earliest of the following applicable deadlines:
(a) 30 days prior to the operation of a new
				transfer station;
(b) 30 days prior
				to the operation of a transfer station in accordance with its permit for an
				expansion;
(c) 30 days prior to a
				modification in the design, construction, operation, maintenance, closure, or
				post-closure use of the transfer station;
(d) when a certification has not been
				submitted within the previous five years; or,
(e) 30 days after the acquisition of a
				transfer station; or
(f) 120 days
				after February 14, 2014 for operation of a transfer station with a valid permit
				or approval issued prior to February 14, 2014 that does not have a
				certification.
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 19.036 - Department's Modification, Suspension or Revocation of a Permit

Current through Register 1525, July 5, 2024
(1)
General
. The
				Department may rescind, suspend, or modify a permit when it determines that the
				operation or maintenance of a facility results in a threat to the public
				health, safety or the environment in accordance with the provisions of M.G.L.
				c.111, § 150A and after a hearing in accordance with M.G.L. c. 30A, §
				11.
(2)
Scope of
				Determination of Threat
. In considering whether the continued
				operation of a facility presents a threat to the public health and safety or
				the environment the Department may consider:
(a) the likelihood of a discharge or release
				of pollutants from the facility;
(b) the actual or potential impacts from a
				discharge or release of pollutants from the facility; or
(c) the potential adverse impacts on the
				Commonwealth's natural resources from the disposal of restricted materials
				pursuant to
				310 CMR
				19.017.
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 19.038 - Review Criteria for a New or Expanded Facility Permit or Permit Modification

Current through Register 1525, July 5, 2024
(1)
Applicability of Permitting
				Criteria
. The criteria the Department shall apply when reviewing a
				permit application or an application for a permit modification are as follows:
(a)
New or Expanding
				Landfills
. A permit application for a new landfill or landfill
				expansion submitted pursuant to
				310
				CMR 19.032 shall comply with the criteria set
				forth at 310 CMR 19.038(2)(a), (c) and (d).
(b)
New or Expanding Combustion
				Facility
. A permit application for a new or expanding combustion
				facility submitted pursuant to
				310
				CMR 19.032 shall comply with the criteria set
				forth at 310 CMR 19.038(2)(a) and (b).
(c)
New or Expanding Handling
				Facility
. A permit application for a new or expanding handling
				facility submitted pursuant to
				310
				CMR 19.032 shall comply with the criteria set
				forth at 310 CMR 19.038(2)(a)1. through 11., 13. and 14., and (b).
(d)
Modification of a Landfill,
				Combustion Facility and or Handling Facility
. An application
				submitted pursuant to 310 MR 19.033 or 19.034. as applicable, for a
				modification of a landfill, combustion facility or handling facility not
				addressed at 310 CMR 19.038(1)(a), (b), (c), or (e) shall comply with the
				criteria set forth at 310 CMR 19.038(2)(a)1. through 12., except 310 CMR
				19.038(2)(a)12. does not apply to a handling facility.
(e)
Post-closure
				Use
. A permit application submitted pursuant to
				310
				CMR 19.033 or
				19.034,
				as applicable, for the post-closure use of a facility shall comply with the
				criteria set forth at 310 CMR 19.038(2)(a)1., 3., 4., 6., 8., and 10.
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 19.041 - Authorization to Construct

Current through Register 1525, July 5, 2024
(1)
General
. The following shall not be constructed except
				in accordance with a valid authorization to construct issued by the Department
				in writing:
(a) a new or expanded facility for
				which a permit has been issued;
(b)
				modifications to a facility for which a permit modification has been issued,
				except for a transfer station that is not a C&D waste transfer station;
				or
(c) a new phase in the case of a
				landfill being developed in phases.
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 19.042 - Authorization to Operate

Current through Register 1525, July 5, 2024
(1)
General
. No person shall operate a facility, or if a
				new or existing facility is developed in phases, operate in any new phase of a
				facility, without a valid authorization to operate issued by the Department in
				writing.
(2)
Transfer
				Station Exclusion
. 310 CMR 19.042(1) does not apply to a transfer
				station, except a C&D waste transfer station.
(3)
Filing
. The
				applicant shall file a request for an authorization to operate in writing with
				the Department in the appropriate Regional Office.
(4)
Issuance
. An
				authorization to operate shall only be issued after the Department is persuaded
				by the applicant that:
(a) appropriate
				financial assurance has been secured in accordance with
				310 CMR
				19.051;
(b) as-built plans, signed and stamped by a
				registered professional engineer, have been submitted where required by the
				Department;
(c) the deed notice
				regarding the authorization to construct a solid waste facility has been
				recorded or registered as required pursuant to
				310 CMR
				19.041(6); and
(d) the construction of the facility or phase
				thereof is complete and the facility is operational. For the purposes of 310
				CMR 19.042 a facility shall be considered complete when:
1. the facility has been constructed and
				prepared in conformance with the approved design plan required under
				310 CMR
				19.030(3), including the
				recycling and composting components of that plan;
2. the ditches, drains, roads, fences, water
				lines, collection systems, and other appurtenances shown on the approved plans
				are complete and functional;
3. all
				equipment needed for normal operation of the facility is available and fully
				operational;
4. all site
				preparation for the first six months of operation of a new facility or
				appropriate period for the phase, if applicable, is completed;
5. sufficient number of qualified staff and
				supervision is available to carry out the normal operation and maintenance of
				the facility in accordance with approved plans;
6. approved recycling and composting
				activities will be implemented as approved in accordance with an implementation
				schedule approved by the Department;
7. the applicant has provided proof of
				receipt of all applicable other state, local and federal permits that are
				required for the operation of the facility; and
8. the facility is otherwise in compliance
				with all applicable portions of 310 CMR 19.000.
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 19.043 - Conditions for Permits and Other Approvals

Current through Register 1525, July 5, 2024
(1)
Items Subject to Conditions
. The Department may grant
				a permit or an authorization subject to such conditions as are necessary to
				ensure compliance with 310 CMR 19.000 or to protect the public health, safety,
				or the environment including, without limitation: the period of time for which
				a permit or authorization is valid, phased development of construction or
				operations, minimum recycling or composting requirements, the kind or type of
				waste allowed, site assignment conditions, inspection, financial assurance,
				technical data gathering, data analysis, quality control, quality assurance,
				sampling, monitoring, reporting and verification.
(2)
Condition(s) on Amount of
				Solid Waste Accepted
. Every permit or authorization to operate
				shall contain one or more limits on the amount of solid waste which the
				facility can accept during a fixed period of time, not to exceed one
				year.
(3)
Liability
. No permit shall be issued except upon the
				condition that the holder shall be liable jointly and severally with the owner
				or operator for any civil or administrative penalties assessed or orders
				entered by the Department arising from any improper facility operation,
				maintenance, closure, post-closure or other activities performed in violation
				of the Department's regulations and applicable statutes. The Department may, in
				its sole discretion, enforce said condition against the holder in any
				enforcement action taken pursuant to applicable statutes or regulations.
				Nothing in 310 CMR 19.043 shall:
(a) limit the
				liability of owners or otherwise legally responsible parties from these or any
				other applicable statutes or regulations;
(b) limit the right of the Department to
				issue notices, orders, or levy penalties for violations of these and other
				applicable regulations or permit conditions, to facility owners, holders, or
				otherwise legally responsible parties;
(c) bar any otherwise valid agreement to
				insure, hold harmless or indemnify the holder for any liability arising out of
				operation of the facility;
(d)
				limit the liability of owners or otherwise legally responsible parties for
				damages to natural resources of the Commonwealth or reimbursement of the
				Commonwealth for any cleanup costs for the facility site incurred by the
				Commonwealth; or
(e) affect the
				right of the holder to seek contribution from any joint wrongdoer.
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 19.044 - Transfer of Permits

Current through Register 1525, July 5, 2024
General
. No sale, assignment, or
				  transfer of the rights or privileges, or effective control of such rights or
				  privileges, granted under a permit to establish, expand, construct, operate or
				  maintain a facility shall be valid until a responsible official of the
				  transferee submits a transfer certification (on a form prepared by the
				  Department) in accordance with
				  310 CMR
				  19.011(1)  to the Department
				  indicating:
(a) proof that notice that
				the facility is operating or was operated has been recorded in the registry of
				deeds, or if the site is registered land, in the registry section of the land
				court for the district wherein the land lies. The notice shall be captioned
				"Notice of Solid Waste Facility" and shall contain a title reference citing the
				source of title of the land on which the facility is to be constructed
				(
i.e
., the deed with book and page number if recorded land;
				probate number if acquired through a probate proceeding; and certificate of
				title number if registered land). This notice shall be incorporated either in
				full or by reference into all future deeds, and any other instrument of
				transfer, which coney an interest in and/or a right to use the land on which
				the facility or a portion thereof, is located;
(b) the agreement provides that the
				transferee is responsible to correct any and all conditions at the site or
				facility which result in a threat to public health, safety or the environment
				or constitute violations of the site assignment, laws, regulations or
				conditions of the permit, approvals, or authorizations existing at the time of
				transfer whether or not such conditions are the subject of a Department
				enforcement action prior to the date of the transfer. A transfer of a permit
				shall not relieve previous owners of liability for the site under M.G.L. c. 21E
				or c. 21H; and
(c) the transferee
				has obtained financial assurance as required under
				310 CMR
				19.051. Where financial assurance is required
				no transferee shall operate without said financial assurance.
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 19.045 - Facility Closure and Post-closure

Current through Register 1525, July 5, 2024
(1)
General
. Any facility that stops accepting solid waste
				voluntarily or in accordance with any permit, authorization or order issued by
				the Department or a court of competent jurisdiction or under any other
				circumstances shall comply with the requirements of 310 CMR 19.045.
(2)
Notification of Voluntary
				Closure
. The owner and/or operator shall notify the Department no
				later than six months prior to the date that the facility will stop accepting
				solid waste.
(3)
Compliance with Regulations
. Closure activities shall
				be carried out in compliance with all applicable regulations and the permit.
				Landfills shall meet the specific closure requirements established at
				310 CMR
				19.140:
Landfill Closure
				Requirements
.
(4)
Completion of Closure
. A facility shall be deemed
				closed on the date of the Department's written determination that the closure
				of the facility has been completed in accordance with the final
				closure/post-closure plan.
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 19.050 - Private Facility Tax

Current through Register 1525, July 5, 2024
(1)
Authority
. 310 CMR 19.050 is promulgated pursuant to
				M.G.L. c. 16, § 24A, and St. 1987, c. 584.
(2)
Resource Recovery
				Facilities
. The operator of a privately owned or operated resource
				recovery facility shall pay a tax in accordance with 310 CMR 19.050(5) and
				M.G.L. c. 16, § 24A to the municipality in which the facility is located.
				This tax shall be in lieu of all taxes, fees, charges or assessments imposed by
				the municipality in which the facility is located, except for real estate taxes
				imposed solely upon the land on which the facility is located. For purposes of
				310 CMR 19.050, "resource recovery facility" means a facility utilizing
				processes for reclaiming the material or energy value from solid
				wastes.
(3)
Landfills
. The owner or operator of a landfill, where
				that person is other than a town or agency of the commonwealth, shall pay a tax
				in accordance with 310 CMR 19.050(5) and M.G.L. c. 16, § 24A to the
				municipality in which the facility is located. This tax shall be in lieu of all
				taxes, fees, charges or assessments imposed by the municipality in which the
				facility is located, except for real estate taxes imposed solely upon the land
				on which the facility is located. Where the owner and operator are both private
				and separate entities the operator shall pay said tax.
(4)
Exceptions
. The
				owners or operators of the following facilities are not subject to the
				provisions of 310 CMR 19.050:
(a) landfills
				used by the owner for the sole disposal of solid waste generated from the
				owner's premises; and
(b) the
				combustion facility located in Saugus pursuant to St. 1985, c. 84 for which
				there is a pre-existing agreement.
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 19.051 - Financial Assurance Requirements

Current through Register 1525, July 5, 2024
(1)
Applicability
. The provisions of 310 CMR 19.051 apply
				to:
(a) landfills; and
(b) other facilities which the Department
				determines on a facility specific base should provide such financial
				assurance.
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 19.060 - Beneficial Use of Solid Waste

Current through Register 1525, July 5, 2024
(1)
Summary
. 310 CMR 19.060 establishes the Department's
				rules for the beneficial use of solid waste and classification of a solid waste
				as a secondary material. Included in this subsection are general standards and
				permit procedures for beneficial use activities. In order to identify specific
				standards and permit procedures, proposed uses of secondary materials are
				divided into four categories:
(a) Category 1 -
				Commercial Products;
(b) Category 2
				- Regulated Systems;
(c) Category 3
				- Restricted Applications; and,
(d)
				Category 4 - Unrestricted Applications.
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 19.061 - Special Waste

Current through Register 1525, July 5, 2024
(1)
General
. The management of special waste shall not
				result in adverse impacts to the public health, safety or the environment or
				result in nuisance conditions. Management of a special waste comprises the
				receipt, handling, storage, processing, treatment and/or disposal of such
				special waste.
(a) Except as provided at 310
				CMR 19.061(3) and (4), the owner and operator of a facility may manage a
				special waste without prior written approval from the Department.
(b) The owner and operator of a facility with
				an existing special waste(s) approval issued before February 14, 2014 may
				continue to manage such special waste in accordance with the existing
				approval(s) or, alternatively, may manage special waste in accordance with 310
				CMR 19.061 provided that:
1. an owner or
				operator of a transfer station that is not a C&D waste transfer station
				submits a certification in accordance with
				310 CMR
				19.035; or
2. an owner or operator of any other type of
				facility makes a submission in accordance with
				310 CMR
				19.034.
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 19.062 - Demonstration Projects or Facilities

Current through Register 1525, July 5, 2024
(1)
Applicability
. Any person who wishes to establish a
				demonstration project at a permitted solid waste management facility or
				establish a demonstration solid waste management facility for the purpose of
				demonstrating the effectiveness and utility of a new or innovative solid waste
				management technology shall submit an application to the Department for a
				demonstration project permit and notify the board of health of
				jurisdiction.
(2)
Application Requirements
. An application for a
				demonstration project permit shall include:
(a) a detailed description of the proposed
				activity, including:
1. a discussion of the
				objectives of the project;
2. a
				discussion of the purposes for undertaking the project;
3. an analysis indicating the benefits of the
				proposed new technology;
4. a
				description of the applicability of the new technology to solid waste
				management in general;
5. a
				description of how the applicant intends to provide for the receipt and
				treatment or disposal of those types and quantities of solid waste proposed to
				be necessary for purposes of determining the efficiency and performance
				capabilities of the technology or process; and
6. a technical analysis indicating
				environmental, public health and safety benefits and risks from the proposed
				new technology;
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 19.080 - Variances

Current through Register 1525, July 5, 2024
(1)
General
. The
				Department recognizes that the literal application of 310 CMR 19.000 to all
				persons and activities may impose significant hardships in individual
				situations, frustrate the underlying legislative and regulatory purposes, or
				adversely affect the public interest. Therefore, in the exercise of the
				Department's discretion and upon a proper and timely demonstration, a variance
				from the application of specific provisions of 310 CMR 19.000, other than those
				that embody statutory requirements, may be available in an individual case to a
				person whose activities are governed by them.
(2)
Required
				Demonstration
. A variance request shall include, at a minimum, the
				following information demonstrating, to the Department's satisfaction, that:
(a) compliance with the provision would, on
				the basis of conditions unique to the applicant's particular situation, impose
				unreasonable economic, technological or safety burdens on the applicant or the
				public;
(b) substitute measures
				will provide the same or greater degree of protection to public health, safety
				and the environment as the application of the regulation(s) from which a
				variance is requested; and
(c) the
				desired relief may be granted without substantial detriment to the public
				interest and without nullifying or substantially derogating from the intent of
				310 CMR 19.000.
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 19.082 - Penalties

Current through Register 1525, July 5, 2024
(1)
General
. A
				person who or which violates the provisions of M.G.L. c. 111, § 150A or
				310 CMR 19.000 is subject to judicially imposed criminal and civil penalties as
				well as civil administrative penalties imposed by the Department. Each day that
				a violation occurs or continues constitutes a separate violation.
(2)
Penalties
.
(a) A violation may be punished under the
				statute by the imposition of a penalty that does not exceed $25,000 for each
				day of violation.
(b) A violation
				may be punished pursuant to the provisions of M.G.L. c. 21A, § 16, and
				310 CMR
				5.00:
Administrative Penalty
, by the
				administrative imposition of a penalty of no less than $100 and not more than
				$25,000 for each day of violation.
(c) A violation may be punished under the
				statute by a fine of not more than $25,000, or by imprisonment for not more
				than two years in a house of correction.
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 19.083 - Enforcement of Minimum Recycling Requirements

Current through Register 1525, July 5, 2024
(1) The Department may allow the acceptance
				of recyclable or compostable materials where such acceptance will result in the
				facility not meeting the 25% recycling requirement established at
				310
				CMR 19.038(2)(d), with prior
				notification and approval of the Department, under the following circumstances:
(a) the material is contaminated or is
				otherwise not acceptable for recycling or composting because it is commingled
				with solid waste, provided that the person(s) who contaminated or commingled
				the material with solid waste is promptly notified and take(s) necessary
				actions to prevent a reoccurrence of the conditions which caused the disposal;
				or
(b) the recycling or composting
				operation or end user to which the restricted material is normally sent
				declines to accept the material or is prohibited from accepting the material as
				a result of an administrative or judicial order, provided that an alternative
				recycling or composting operation or storage facility or end user which will
				accept the material cannot be found within a reasonable period of
				time.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.100 - Preamble

Current through Register 1525, July 5, 2024
310 CMR 19.100 through
				  19.151
				  establishes minimum performance and design standards; operation and maintenance
				  standards; and closure/post-closure requirements for solid waste landfills by
				  supplementing, modifying or expanding upon the provisions of 310 CMR 19.000
				  through 19.099. Combined, these two sets of regulations govern all solid waste
				  disposal activities at landfills. The procedures for application, approvals,
				  authorizations, and transfers of such rights and interests are set forth in 310
				  CMR 19.100 through
				  19.151.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.101 - Applicability

Current through Register 1525, July 5, 2024
Except as expressly exempted in
				  310 CMR
				  19.060:
Beneficial Use of Solid
				  Waste
, all solid waste disposed by placement into or onto land shall
				  be done in a manner consistent with 310 CMR 19.000 and the requirements of
				  310 CMR 19.100 through
				  19.151.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.102 - Definitions

Current through Register 1525, July 5, 2024
All terms used herein shall have the meanings set forth in
				  310 CMR 19.006 unless
				  the context clearly implies or indicates another meaning.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.103 - Additional Requirements

Current through Register 1525, July 5, 2024
Nothing in 310 CMR 19.000 shall be construed to limit the
				  Department from determining on a facility or site specific basis that
				  additional design or operation and maintenance components are required where
				  conditions warrant such additional design or operation and maintenance measures
				  in order to protect public health, safety and the environment or to mitigate
				  potential adverse impacts.
Notwithstanding any provision in 310 CMR 19.000, the
				  Department may approve or modify a permit or authorization or issue an order
				  requiring the operator or owner of a landfill disposing municipal solid waste
				  to comply with the Solid Waste Disposal Facility Criteria, 40 CFR Parts 257 and
				  258, as may be amended, promulgated pursuant to sections 1008, 2002, 4004, and
				  4010 of the Resource Conservation and Recovery Act and section 405 of the Clean
				  Water Act.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.104 - Landfill Facility Plan

Current through Register 1525, July 5, 2024
(1)
General
. In addition to the general application
				requirements established in
				310 CMR 19.001 through
				19.099,
				310 CMR
				19.030:
Application for a Solid Waste
				Management Facility Permit
, an application for a landfill permit shall
				include the following components:
(a) landfill
				site plan;
(b) hydrogeological
				study;
(c) landfill design
				plan;
(d) landfill operation and
				maintenance plan; and
(e)
				conceptual landfill closure/post-closure plan.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.105 - Equivalency Review Standards and Procedures

Current through Register 1525, July 5, 2024
(1) Where specific sections of
				310 CMR 19.100 through
				19.204 permit the submission of design alternatives, the following equivalency
				review standards and procedures apply.
(2) A person requesting an alternative under
				310 CMR 19.105 shall submit a request to the Department in writing. The request
				shall:
(a) identify the specific regulation
				for which the equivalent alternative is sought; and
(b) demonstrate, through supporting technical
				documentation, site specific analysis and quality assurance/quality control
				procedures, that the requested alternative to the design requirements in a
				section of the regulations will, for the life of facility operations, closure
				and post-closure maintenance achieve the performance standards in that section,
				and will do so in a manner that is equivalent or superior to the design
				requirements in that section.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.106 - Quality Assurance and Quality Control Requirements

Current through Register 1525, July 5, 2024
(1) All components used in the construction
				of the landfill shall be evaluated through a Quality Assurance and Quality
				Control (QA/QC) program to ensure that the completed landfill is constructed
				and will operate in accordance with its approved plans.
(2) All materials, including but not limited
				to, soils and synthetic materials used in the construction of the landfill
				shall be subject to quantifiable and reproducible manufacturing and/or QA/QC
				methods that ensure that the material has been prepared, manufactured, handled
				and installed in accordance with the material's design and operating
				specifications. All such methods shall be identified by the
				applicant;
(3) The QA/QC program
				shall address requirements for evaluating the prepared or as-manufactured
				material, handling, storage, installation, corrective or remedial actions to
				correct deficiencies, and the final or completed function of all landfill
				components or systems.
(4) QA/QC
				methods for base liners shall include a method, where a technically proven and
				economically viable test method is identified, to test the actual final
				performance and/or integrity of the completed groundwater protection system, at
				the discretion of the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.107 - Construction Certification

Current through Register 1525, July 5, 2024
(1) The
				construction of a permitted landfill shall be accomplished in compliance with a
				quality assurance/quality control (QA/QC) plan approved by the
				Department.
(2) The owner or
				operator shall hire an independent professional Massachusetts registered
				engineer, knowledgeable and experienced in matters of landfill construction who
				shall oversee all construction activities. The engineer shall:
(a) determine and certify that all materials
				and construction of the landfill adheres to approved design plans and
				specifications, including:
1. determining the
				initial and final grades of the landfill;
2. overseeing the installation and
				construction of all components of the liner or final cover;
3. overseeing the installation and completion
				of run-on and run-off controls, pumps, monitoring devices and other
				appurtenances.