reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 71.00 - Industrial Wastewater Regulations For Photo Processors And Printers › Section 71.05 - Performance Standard for Photo Processors and Printers Without Equivalent POTW Permits That Discharge or Ship Industrial Wastewater to a POTW

Current through Register 1525, July 5, 2024
Except as set forth in 310 CMR 71.05(6), each photo processor
				and each printer without an equivalent POTW permit that discharges or ships
				industrial wastewater to a POTW shall comply with the applicable requirements
				of
				310 CMR
				71.06 and the following:
(1)
Discharge Limit
.
			 Each photo processor and each printer shall not discharge or ship industrial
			 wastewater to a POTW unless the wastewater from photo processing contains no
			 more than 2 mg/l (
i.e
., two parts per million) of silver,
			 measured in accordance with 310 CMR 71.05(3). In addition, by one year from May
			 1, 1998 no printer shall discharge or ship to a POTW wastewater containing
			 dischromate (chromic acid) resulting from film processor cleaning
			 operations.
(2)
Operation and Maintenance
. Each photo processor and
			 each printer shall maintain a silver recovery unit in accordance with the
			 manufacturer's or vendor's instructions to meet the 2 mg/l silver limit or
			 limit set forth in the equivalent POTW permit, whichever is stricter.
(3)
Sampling and
			 Analysis
. Each photo processor and each printer shall sample its
			 wastewater and shall analyze the sample for silver content.
(a)
Frequency
.
			 Sampling and analysis shall occur as frequently as necessary to demonstrate
			 that the discharge complies with 310 CMR 71.05(1) and
			 71.06(2),
			 and at least monthly, unless the Department approves a different frequency, or
			 unless a different frequency is set in accordance with a process reviewed and
			 approved by the Department.
(b)
Methodology
. The sample shall be representative of
			 wastewater composition during the selected day, and shall be taken after the
			 photo finishing process (
i.e
., after combination with other
			 wastestreams from photo processing) but prior to dilution with other
			 wastewater. The sample shall be analyzed by a state-certified laboratory, a
			 photographic equipment manufacturer, or a photochemical manufacturer provided
			 that the lab uses methods prescribed in
Standard Methods for the
			 Examination of Water and Wastewate
r, issued by the American Health
			 Association, American Waterworks Association, and the Water Pollution
			 Federation, 1992 edition.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 71.00 - Industrial Wastewater Regulations For Photo Processors And Printers › Section 71.07 - Compliance Certification for Photo Processors and Printers

Current through Register 1525, July 5, 2024
(1) Beginning on September 15, 2006, and
			 thereafter as prescribed in accordance with
			 310 CMR
			 70.03(1):
Schedule
			 for Submission of Compliance Certification
, photo processors shall
			 submit to the Department, a compliance certification on a form supplied by the
			 Department in accordance with
			 310 CMR 70.00:
Environmental Results Program Certification
, except that photo
			 processors discharging to a POTW holding any sewer connection permit issued
			 pursuant to
			 314 CMR 7.00:
Sewer
			 System Extension and Connection Permit Program
or holding a permit
			 issued by the Massachusetts Water Resources Authority pursuant to 360 CMR
			 10.000:
Sewer Use
that do not haul or ship photo processing
			 waste off-site are not required to submit a certification.
(2) Beginning on September 15, 2006, and as
			 prescribed in accordance with
			 310 CMR
			 70.03(1):
Schedule
			 for Submission of Compliance Certification
, thereafter, printers shall
			 submit to the Department a compliance certification in accordance with
			 310 CMR 70.00:
Environmental Results Program Certification
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 72.00 - Industrial Wastewater Standard For Dry Cleaners › Section 72.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
(1) The purpose of
			 310 CMR 72.00 is to provide
			 for the protection of public health, safety, welfare and the environment by
			 establishing industrial wastewater performance standards for dry cleaners and
			 requiring a performance-based facility-wide compliance certification in
			 accordance with
			 310 CMR 70.00.
(2)
								310 CMR 72.00 is promulgated
			 pursuant to the authority of M.G.L. c. 21,§ 26 through 53, M.G.L. c. 21C
			 and M.G.L. c. 111,§§ 142A through 142J.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 72.00 - Industrial Wastewater Standard For Dry Cleaners › Section 72.02 - Definitions

Current through Register 1525, July 5, 2024
POTW Permit
means a permit issued by a
				Publicly Owned Treatment Works (POTW).
Industrial Wastewater
means wastewater
				resulting from any process of industry, trade or business, regardless of volume
				or pollutant content. Wastewater which contains only sanitary waste, and/or
				non-contact cooling water, compressor or air conditioner condensate is not
				considered industrial wastewater for purposes of determining applicability of
				the regulations at
				310 CMR 72.00.
Publicly Owned Treatment Works
or
POTW
means any device or system used in the treatment
				(including recycling and reclamation) of sewage or industrial wastewater which
				is owned by a public entity. A POTW includes any sewers, pipes, or other
				conveyances only if they convey wastewater to a POTW providing
				treatment.
Separator water
means the wastewater
				phase produced by a water separator, such as a refrigerated condensor, carbon
				adsorber, still or muck cooker, used for the recovery of perchloroethylene
				vapors from dry cleaning equipment at a dry cleaning facility subject to
				310 CMR
				7.26. The following terms shall have the same
				meaning as set forth in
				310 CMR
				7.26(11): "water separator",
				"refrigerated condensor", "carbon adsorber", "still", and "muck
				cooker".
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 72.00 - Industrial Wastewater Standard For Dry Cleaners › Section 72.03 - Applicability

Current through Register 1525, July 5, 2024
(1)
								310 CMR 72.00 applies to dry
			 cleaners that are subject to
			 310 CMR
			 7.26.
(2)
								310 CMR 72.00 does not apply
			 to dry cleaners that are also industrial laundries described by SIC codes 7213
			 and 7218.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 72.00 - Industrial Wastewater Standard For Dry Cleaners › Section 72.04 - Performance Standard for Dry Cleaners

Current through Register 1525, July 5, 2024
(1) No dry cleaner shall discharge industrial
			 wastewater to the ground, septic system, or other on-site disposal system
			 without a groundwater discharge permit pursuant to
			 314 CMR 5.00, or to surface
			 water without a permit pursuant to
			 314 CMR 3.00.
(2) Each dry cleaner with a POTW permit shall
			 comply with the terms and conditions of that permit.
(3) Each dry cleaner shall comply with the
			 general and specific prohibitions listed below:
(a)
General
			 Prohibitions
. No person shall discharge or cause to be discharged
			 to a POTW any substances, materials or wastewaters that can harm the sewers,
			 wastewater treatment process, or equipment; have an adverse impact on the
			 receiving waters or can otherwise endanger life, limb, public property or
			 constitute a nuisance.
In determining the acceptability of these wastewaters,
				consideration shall be given to such factors as the quantities of such
				wastewaters in relation to flows and velocities in the sewers, materials or
				construction of sewers, nature of the wastewater treatment process, capacity of
				the wastewater treatment process, degree of treatability of such wastewaters in
				the wastewater treatment plant, and other pertinent factors. Pollutants
				introduced into POTWS by a non domestic source shall not pass through the POTW
				or interfere with the operation or performance of the works. These general
				prohibitions and the specific prohibitions listed in the 310 CMR 72.04(3)(b)
				apply to all non-domestic sources introducing pollutants into a POTW whether or
				not the source is subject to other pretreatment standards or any other Federal,
				state or local pretreatment requirements.
(b)
Specific
			 Prohibitions
. In addition, the following pollutants shall not be
			 introduced into a POTW:
1. Pollutants which
			 create a fire or explosion hazard in the POTW;
2. Pollutants which cause corrosive
			 structural damage to the POTW, but in no case discharges with pH lower than 5.5
			 or more than 9.5, unless the works is specifically designed to accommodate such
			 discharges;
3. Solid or viscous
			 pollutants in amounts which will cause obstruction to the flow in the POTW
			 resulting in interference;
4. Any
			 pollutant, including oxygen demanding pollutants discharged in a flow rate
			 and/or pollutant concentration which will cause interference with the
			 POTW;
5. Heat in amounts which will
			 inhibit biological activity in the POTW resulting in interference, but in no
			 case heat in such quantities that the temperature at the POTW treatment plant
			 exceeds 40°C (104°F) unless the Division, upon request of the POTW,
			 approves alternate temperature limits.
6. Wastewater containing perchloroethylene,
			 except that separator water may be discharged.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 72.00 - Industrial Wastewater Standard For Dry Cleaners › Section 72.05 - Compliance Certification for Dry Cleaners

Current through Register 1525, July 5, 2024
Beginning on September 15,1998, and annually thereafter, dry
				cleaners shall submit to the Department a compliance certification in
				accordance with
				310 CMR 70.00. Effective June
				27,2003, all dry cleaners required to certify pursuant to
				310 CMR 72.00 shall submit to
				the Department an initial certification and thereafter file an annual
				compliance certification by September 15th of each
				year.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 73.00 - Amalgam Wastewater And Recycling For Dental Facilities › Section 73.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				310 CMR 73.00 is to protect
				public health, safety, welfare and the environment.
				310 CMR 73.00 establishes
				wastewater treatment, operational standards, and amalgam recycling requirements
				to reduce the amount of mercury discharged from dental facilities, and require
				a performance-based compliance certification from the owners of dental
				practices in compliance with
				310 CMR 70.00:
Environmental Results Program Certification
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 73.00 - Amalgam Wastewater And Recycling For Dental Facilities › Section 73.03 - Applicability

Current through Register 1525, July 5, 2024
(1)
								310 CMR 73.00 is applicable
			 to every Dental Facility, except any of the following:
(a) A Dental Facility that does not generate
			 or discharge wastewater from amalgam-related processes;
(b) A Dental Facility that does not place
			 amalgam and does not remove amalgam, except in limited emergency or unplanned,
			 unanticipated circumstances; and
(c) A Dental Facility that certifies to a
			 POTW on an annual or biennial basis pursuant to the receiving POTW's
			 regulations, and 40 CFR 441:
Dental Office Point Source
			 Category
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 73.00 - Amalgam Wastewater And Recycling For Dental Facilities › Section 73.04 - Amalgam Separator Requirements

Current through Register 1525, July 5, 2024
(1) Each
			 Dental Facility subject to
			 310 CMR 73.00 shall:
(a) install an approved amalgam separator(s)
			 which meets the requirements of 310 CMR 73.04;
(b) ensure that all wastewater that contains
			 amalgam waste from the Dental Facility including, but not limited to,
			 wastewater from chairs and cuspidors, passes through an approved amalgam
			 separator before being discharged;
(c) ensure that the installed amalgam
			 separator(s) is properly sized to accommodate maximum amalgam wastewater flow
			 rates at the facility;
(d) ensure
			 that any amalgam separator is installed, operated and maintained according to
			 the instructions of the manufacturer of the unit;
(e) for each new or expanded Dental Facility
			 that opens after April 24, 2006, ensure that the amalgam separator is installed
			 prior to commencing operations; and
(f) provide to the Department upon request
			 test data generated by the professional laboratory that documents the amalgam
			 separator's removal efficiency.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 73.00 - Amalgam Wastewater And Recycling For Dental Facilities › Section 73.05 - Operational Standards

Current through Register 1525, July 5, 2024
(1) Each Dental
			 Facility subject to
			 310 CMR 73.00 shall:
(a) ensure that no amalgam waste is disposed
			 of with solid waste or medical waste;
(b) safely store all amalgam waste generated
			 at the Dental Facility in containers that are sealed and structurally
			 sound;
(c) use only biodegradable
			 disinfectants and cleaning agents that are non-corrosive (pH range between 6.5
			 - 8.0) and non-oxidizing (no bleach) in the facility's vacuum lines and all
			 other drains connected to its amalgam separator. The disinfectants and cleaning
			 agents shall also be compatible with the unit(s) in use, and shall be used only
			 in accordance with the unit manufacturer's instructions;
(d) ensure amalgam separator system
			 clean-outs are conducted in accordance with the manufacturer's recommended
			 frequency. The frequency may depend upon the volume of wastewater discharged,
			 and may be as often as daily, weekly, or monthly;
(e) transfer all amalgam waste to a permitted
			 hazardous waste recycling facility, licensed hazardous waste facility, a
			 facility that consolidates shipments of amalgam waste before being shipped
			 off-site for reclamation, or, if shipped out of state, a facility that is
			 authorized to reclaim mercury from amalgam waste. Shipments of amalgam waste to
			 facilities described in 310 CMR 73.05(1)(d) shall be transported by either a
			 common carrier or a licensed hazardous waste transporter, and accompanied by
			 information identifying the shipment as amalgam waste containing mercury;
			 and
(f) retain documentation, such
			 as a certificate of recycling, a hazardous waste manifest, bill of lading or
			 contractual agreement, showing that the amalgam waste has been recycled by
			 being reclaimed and the name and address of the facility at which the amalgam
			 waste is ultimately recycled.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 73.00 - Amalgam Wastewater And Recycling For Dental Facilities › Section 73.06 - Recordkeeping

Current through Register 1525, July 5, 2024
(1) Each Dental Facility shall keep records
			 on-site that demonstrate compliance with manufacturers' recommended maintenance
			 and servicing of installed amalgam separators, that the amalgam waste has been
			 recycled pursuant to
			 310 CMR
			 73.05(1)(e), and the
			 supporting information upon which the Dental Facility relied to file the
			 certification required by
			 310 CMR
			 73.07.
(2) Records referenced in 310 CMR 73.06(1)
			 shall be retained for five years.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 73.00 - Amalgam Wastewater And Recycling For Dental Facilities › Section 73.07 - Compliance Certification Requirements for Dental Facilities

Current through Register 1525, July 5, 2024
(1)
Certification
			 Form
. Within 60 days of a Dental Facility becoming subject to the
			 requirements of
			 310 CMR 73.00, pursuant to
			 the schedule described at
			 310 CMR
			 73.03(2), an owner of a
			 Dental Facility shall submit to the Department a compliance certification. The
			 certification shall address compliance with all applicable standards on a form
			 prescribed by the Department that shall include at least the following
			 information:
(a) The type of amalgam separator
			 installed, including manufacturer and model.
(b) Date upon which the amalgam separator
			 became operational, and for a new or expanded Dental Facility, the date the
			 facility became operational.
(c)
			 Identification of the requirements of
			 310 CMR
			 73.04 for amalgam separators and
			 certification as to whether or not the system meets all such
			 requirements.
(d) Certification of
			 compliance with the operational standards of
			 310 CMR
			 73.05.
(e) Certification that documentation and
			 records are being maintained as stipulated in
			 310 CMR
			 73.06.
(f) Certification that at least one staff
			 member is familiar with procedures to follow in order to ensure compliance with
			 the amalgam separator requirements and operational standards described at
			 310 CMR
			 73.04 and
			 73.05, and
			 that all other staff that handle amalgam waste are informed of these
			 procedures.
(g) Certification that
			 Dental Facility that owns or operates industrial wastewater holding tanks is in
			 compliance with
			 314 CMR 18.00:
Industrial Wastewater Holding Tank and Container Construction,
			 Operation, and Recordkeeping Requirements
.
(h) Any other information pertaining to the
			 Dental Facility which the Department requires.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
The purpose of
				310 CMR 74.00 is to protect
				public health, safety, welfare and the environment by implementing the Mercury
				Management Act (St. 2006,c. 190).
				310 CMR 74.00 prohibit the
				sale of mercury-added vehicle switches, establishes requirements for the
				removal of mercury-added vehicle switches and other components that contain
				mercury before a vehicle is crushed or shredded and requires a
				performance-based compliance certification in compliance with
				310 CMR 70.00.
310 CMR 74.00 is promulgated
				pursuant to the authority of M.G.L. c. 21C,§§ 4 and 6, and M.G.L. c.
				21H,§§ 6C and 6N.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.03 - Applicability

Current through Register 1525, July 5, 2024
(1)
								310 CMR 74.00 is applicable
			 to automobile dealers, automobile manufacturers, scrap recycling facilities
			 that accept end-of-life vehicles, and vehicle recyclers.
(2) Compliance with
			 310 CMR 74.00 does not
			 release an automobile dealer, automobile manufacturer, scrap recycling
			 facility, or vehicle recycler from the need to comply with other applicable
			 state, federal and local requirements.
(3) Certification Form. Each certification
			 required by
			 310 CMR
			 70.03 shall be on a form prescribed by the
			 Department and shall address compliance with the standards established by
			 310 CMR 70.00 and
			 74.00. The certification form
			 may also address compliance with other applicable standards promulgated by the
			 Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.04 - Requirements for the Removal of Mercury-added Components Before Crushing

Current through Register 1525, July 5, 2024
(1) No person shall crush, cause to be
			 crushed or otherwise arrange for an end-of-life vehicle to be crushed without
			 first having removed any mercury-added components, including but not limited
			 to, mercury-added vehicle switches.
(2)310 CMR 74.04(1) shall not apply to:
(a) mercury-added components made
			 inaccessible due to significant damage to the vehicle in the area surrounding
			 the component's location, or
(b)
			 mercury-added lamps used to backlight the vehicle's dashboard and other
			 electronic devices (due to the inaccessibility of these lamps and the resulting
			 potential for mercury to be released to the environment if a lamp is broken
			 while it is being removed).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.05 - Prohibition on the Sale of Mercury-added Switches in Vehicles

Current through Register 1525, July 5, 2024
(1) No person shall sell, offer to sell or
			 distribute a vehicle manufactured on or after January 1,2007, containing
			 mercury-added vehicle switches;
(2)
			 No person shall sell or offer to sell or distribute a mercury-added vehicle
			 switch for new installation in a vehicle;
(3) If a mercury-added switch in a vehicle in
			 commerce requires replacement, it shall be replaced with a non-mercury
			 alternative, if such an alternative is commercially available. If the
			 mercury-added vehicle switch requiring replacement is a component of an
			 anti-lock braking system or an airbag, replacement with a non-mercury
			 alternative shall not be required. The commercial availability of a non-mercury
			 vehicle switch for a particular vehicle may be determined by consulting
			 information published (electronically on internet web pages and on paper) by
			 the Department, vehicle manufacturers and/or their trade associations, and the
			 automotive industry trade press.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.06 - Plans for Proper Removal. Recovery, and Recycling of Mercury-added Switches from End-of-life Vehicles

Current through Register 1525, July 5, 2024
(1) No later than
			 April 30, 2008, every vehicle manufacturer shall, individually or as a group,
			 or through a trade association, develop, file with the department, and commence
			 implementing the plan required by M.G.L. c. 21H, § 6C(f) and (g) for the
			 removal, recycling, transportation, storage, and containment of mercury-added
			 switches from end-of-life vehicles in accordance with the regulations at 310
			 CMR 30.000 as either a hazardous waste or universal waste. Such plans shall, to
			 the extent practicable, use the existing end-of-life vehicle recycling
			 infrastructure, and shall:
(a) include a
			 method for collecting and transporting switches after they are removed from
			 vehicles;
(b) identify or establish
			 and use facilities where switches may be received and accepted;
(c) ensure that the mercury from all
			 recovered switches is recycled in accordance with 310 CMR 30.000;
(d) provide information, training, technical
			 assistance to vehicle recyclers, scrap recyclers and all other persons involved
			 in removing mercury-added vehicle switches from motor vehicles;
(e) include a program which is designed to
			 achieve a mercury-added vehicle switch capture rate of at least 90%, based on
			 the capture rate described in
			 310 CMR
			 74.07;
(f) describe the financing system through
			 which the total cost of removal, collection, record keeping and recovery of
			 mercury-added vehicle switches shall be borne by the vehicle manufacturer. Such
			 financing system shall include, but not be limited to, a payment of $ 3 for
			 every mercury-added vehicle switch removed by a vehicle recycler or scrap
			 recycling facility; and
(g)
			 describe any reasons for not using the existing end-of-life vehicle recycling
			 infrastructure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.07 - Measuring Recycling of Mercury-added Vehicle Switches

Current through Register 1525, July 5, 2024
(1) The success of any plan designed to
			 remove, collect, and recover mercury-added switches from end-of-life vehicles
			 that is implemented in compliance with M.G.L. c. 21H, § 6C shall be
			 measured by a capture rate that compares the actual number of mercury vehicle
			 switches recovered and transported to authorized recycling facilities in each
			 calendar year to the total number of mercury-added vehicle switches estimated
			 to be available for removal from end-of-life vehicles in Massachusetts in that
			 calendar year.
(2) The vehicle
			 manufacturer shall calculate the capture rate for each calendar year in which a
			 plan established pursuant to
			 310
			 CMR 74.06 is implemented, and shall report
			 that rate to the Department in compliance with the requirements of
			 310
			 CMR 74.09(1)(b).
(3) Determining Compliance with the 2007
			 Target Capture Rate for Alternative Plans Submitted Pursuant to M.G.L. c. 21H,
			 § 6C(n):
(a) For calendar year 2007, the
			 target capture rate shall be 50% of 92,500 mercury-added vehicle switches
			 estimated to be available for collection (or 46,250 switches).
(b) Plans that achieve the target capture
			 rate of 50% by December 31,2007, as determined by the Department, shall be
			 deemed to be in compliance. Plans that do not achieve this target capture rate
			 by December 31,2007 shall be deemed to be not in compliance, and their
			 proponents shall comply with the provisions of
			 310
			 CMR 74.06 as applicable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.08 - Recordkeeping

Current through Register 1525, July 5, 2024
Parties subject to
				310 CMR 74.00 shall keep
				records on-site for five years that demonstrate compliance with
				310 CMR 74.00, and the
				supporting information that the facility relied upon to file the
				certification(s) required by
				310 CMR 74.00, and may be
				required to submit said records upon request of the
				Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 74.00 - Removal And Recycling Of Mercury-added Components In Vehicles › Section 74.09 - Submittal of Compliance Certifications and Reports to the Department

Current through Register 1525, July 5, 2024
(1) The following certifications shall be
			 submitted to the Department pursuant to
			 310 CMR
			 70.03(1)(8)9.:
(a) Scrap recycling facilities and vehicle
			 recyclers subject to
			 310 CMR 74.00 shall submit to
			 the Department a compliance certification by March 1st of each year. The
			 certification shall be on a form prescribed by the Department, and shall
			 address compliance with the requirements of
			 310 CMR 74.00 during the
			 previous calendar year (ending December 31st). The certification shall contain
			 the following information, at a minimum:
1.
			 Certification that all mercury-added components required to be removed pursuant
			 to
			 310 CMR 74.00 were removed
			 from vehicles during the calendar year covered and will continue to be removed
			 during the coming year;
2.
			 Certification that removed mercury-added components have been managed in
			 accordance with the requirements of
			 310 CMR 74.00;
3. The number of mercury switches removed and
			 shipped off-site for recycling.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 75.00 - Collection, Recycling, Labeling And Sales Ban Of Mercury-added Products › Section 75.01 - Purpose

Current through Register 1525, July 5, 2024
(1) The purpose of 310 CMR 75.00 is to
			 protect public health, safety, welfare and the environment by implementing the
			 Mercury Management Act (St. 2006, c. 190). 310 CMR 75.00 prohibits the sale or
			 distribution of mercury-added products in Massachusetts unless the manufacturer
			 of the product creates, files with the Department, and implements a convenient
			 and accessible collection plan for mercury-added products at the end-of-life,
			 including a system for the direct return of the mercury-added product to the
			 manufacturer or a collection and recycling plan, in accordance with M.G.L. c.
			 21C and 310 CMR 30.000:
Hazardous Waste
, using new or existing
			 collection systems. 310 CMR 75.00 establishes performance standards and other
			 requirements for collection and recycling plans, and requires a
			 performance-based compliance certification in accordance with 310 CMR 70.00:
Environmental Results Program Certification
. In addition, 310
			 CMR 75.00 allows manufacturers of mercury-added lamps to satisfy the collection
			 plan requirements
via
payment of an annual registration fee to
			 the Department to be deposited into a Commonwealth expendable trust. 310 CMR
			 75.00 also applies to bans on the sale or distribution of mercury-added
			 products and the process for obtaining an exemption to such bans. They also
			 apply to the labeling of mercury-added products.
(2)310 CMR 75.00 is promulgated pursuant to
			 the authority of M.G.L. c. 21C, §§ 4 and 6, M.G.L. c.
			 21H,
§§
6D, 6E, 6F
,
6J, 6K and
			 6N.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 75.00 - Collection, Recycling, Labeling And Sales Ban Of Mercury-added Products › Section 75.03 - Applicability

Current through Register 1525, July 5, 2024
(1)310 CMR 75.00 applies to any person who
			 manufactures, sells, offers for sale or distributes mercury-added products in
			 Massachusetts.
(2) The following
			 products are exempt from the requirements of
			 310 CMR
			 75.04:
(a)
			 motor vehicles and mercury-added components in motor vehicles;
(b) refurbished medical equipment;
(c) mercury-added button cell
			 batteries;
(d) products where the
			 only mercury contained in the product is in one or more removable mercury-added
			 button cell batteries;
(e) products
			 where the only mercury contained in the product is contained in one or more
			 mercury-added lamps;
(f)
			 mercury-added formulated products intended to be totally consumed in use, such
			 as reagents, cosmetics, cleaning products, pharmaceuticals and other laboratory
			 chemicals;
(g) Products made with
			 coal ash;
(h) Products that are
			 incorporated into equipment used to manufacture semi-conductor devices;
(i) elemental mercury in
			 pre-capsulated form that is sold, distributed or provided to a dental
			 practitioner for use in compliance with the department's regulations concerning
			 amalgam wastewater and recycling for dental facilities; or
(j) mercury-added thermostats subject to the
			 requirements of 310 CMR 77.00:
Collection and Recycling of
			 Mercury-added Thermostats
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 75.00 - Collection, Recycling, Labeling And Sales Ban Of Mercury-added Products › Section 75.05 - Mercury-added Lamps

Current through Register 1525, July 5, 2024
(1) A manufacturer
			 of mercury-added lamps shall satisfy the requirements of
			 310 CMR
			 75.04 if, such manufacturer who sells
			 mercury-added lamps in the Commonwealth of Massachusetts individually pays,
			 until June 30, 2024, an annual registration fee in accordance with the
			 requirements of
			 310 CMR
			 4.03(2):
Table 4.03
and with the requirements of
			 310 CMR
			 75.05. Manufacturers shall make such payments
			 to the Department to be deposited into an expendable trust fund established in
			 accordance with M.G.L. c. 6A, § 6. Such fund shall be maintained for the
			 purpose of Department and municipal administration, access, communication,
			 enforcement, and education costs for proper mercury-added lamp recycling or
			 disposal.
(2) Manufacturers of
			 mercury added lamps that either fail to pay an annual registration fee in
			 accordance with
			 310 CMR
			 4.03(2):
Table 4.03
and
			 310 CMR
			 75.05, or fail to submit and implement a
			 collection and recycling plan and the annual compliance certifications pursuant
			 to
			 310 CMR
			 75.04, shall not sell, offer to sell, or
			 distribute mercury-added lamps in Massachusetts.
(3) Manufacturers of mercury-added lamps that
			 do not submit a collection and recycling plan or the annual compliance
			 certification pursuant to
			 310 CMR
			 75.04 shall comply with
			 310 CMR
			 75.05(3)(a) or (b).
(a) Manufacturers that sold, offered for sale
			 or distributed mercury-added lamps in Massachusetts in the prior calendar year
			 shall submit to the Department:
1. on or
			 before 30 days after April 5, 2019 and on or before March
			 1st of every year thereafter, through 2024, an
			 annual registration on a form prescribed by the Department. Such registration
			 shall include the total number of mercury-added lamps sold by that manufacturer
			 in Massachusetts in the previous calendar year, and the certification required
			 by
			 310 CMR
			 75.05(8). This annual
			 registration will also serve as a basis for an invoice for an annual
			 registration fee based on mercury-added lamp sales in Massachusetts in the
			 prior calendar year and established in accordance with
			 310 CMR
			 4.03(2):
Table
			 4.03
. Mercury-added lamp manufacturers choosing to calculate
			 Massachusetts sales on the basis of population shall use the most recently
			 published population estimates published by the United States Census Bureau;
			 and
2. on or before the invoice
			 payment due date of each year, the annual registration fee established in
			 accordance with
			 310 CMR
			 4.03(2):
Table
			 4.03
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 75.00 - Collection, Recycling, Labeling And Sales Ban Of Mercury-added Products › Section 75.06 - Ban on Sales and Distribution of Mercury-added Products

Current through Register 1525, July 5, 2024
(1) No person shall sell, offer to sell, or
			 distribute in Massachusetts the following mercury-added products on or after
			 May 1, 2008:
(a) thermostats;
(b) barometers;
(c) flow meters;
(d) hydrometers;
(e) hygrometers or psychrometers;
(f) manometers;
(g) pyrometers;
(h) sphygmomanometers;
(i) basal thermometers; or
(j) esophageal dilators, bourgie tubes or
			 gastrointestinal tubes.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 75.00 - Collection, Recycling, Labeling And Sales Ban Of Mercury-added Products › Section 75.07 - Exemptions from the Sales and Distribution Ban

Current through Register 1525, July 5, 2024
(1) The manufacturer, importer, or
			 distributor of a mercury switch, relay, instrument or device subject to the
			 sales prohibitions in
			 310 CMR
			 75.06 may apply to the Department for an
			 exemption from the prohibition on sale or distribution.
(2) The Department may grant an exemption,
			 with or without conditions, upon determining that the conditions described in
			 310 CMR
			 75.07(2)(a) through (d) all
			 apply, or that the condition described in
			 310 CMR
			 75.07(2)(e)  applies:
(a) Use of the mercury-added product is
			 beneficial to the environment, or protective of public health or public safety,
			 based on consideration of:
1. The amount of
			 mercury expected to be placed in commerce annually if the exemption is
			 granted;
2. The likelihood that the
			 mercury in the product will be released to the environment, or that users of
			 the product will be exposed to the mercury;
3. The steps that will be taken through
			 product design and other methods to ensure that mercury is not released during
			 use and disposal of the product; and
4. The nature of the claimed benefit, and
			 whether it differs in kind or degree from the environment, public health and
			 public safety benefits afforded by available non-mercury
			 alternatives.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 75.00 - Collection, Recycling, Labeling And Sales Ban Of Mercury-added Products › Section 75.08 - Labeling of Mercury-added Products and Notification to Purchasers

Current through Register 1525, July 5, 2024
(1)
General Labeling
			 Requirements
. On or after May 1, 2008, no person shall sell, offer
			 to sell, or distribute a mercury-added product in Massachusetts unless the
			 manufacturer:
(a) Submits to the Department a
			 labeling plan for such product that meets the requirements of
			 310
			 CMR 75.08(3) and (4) and
			 implements the labeling plan in accordance with the requirements of
			 310
			 CMR 75.08(3) and (4);
			 or
(b) Labels such product in
			 compliance with a labeling plan approved by another state that is a member of
			 IMERC, pursuant to
			 310
			 CMR 75.08(5).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 76.00 - Disposal Prohibition Of Mercury-added Products In Solid Waste › Section 76.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
(1) The purpose of
			 310 CMR 76.00 is to protect
			 public health, safety, welfare and the environment by implementing the Mercury
			 Management Act (Chapter 190 of the Acts of 2006). These regulations prohibit
			 the disposal of mercury-added products in any manner other than by recycling,
			 disposing as hazardous waste in accordance with M.G.L. c. 21C and 310 CMR
			 30.000, or using an alternative method approved by the Department.
(2)
								310 CMR 76.00 is promulgated
			 pursuant to the authority of M.G.L. c. 21C,§§ 4 and 6, M.G.L. c.
			 21H,§§ 6I, 6L and 6N.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 76.00 - Disposal Prohibition Of Mercury-added Products In Solid Waste › Section 76.02 - Definitions

Current through Register 1525, July 5, 2024
The definitions found in 310 CMR 76.02 apply to, and are
				limited to,
				310 CMR 76.00.
End of Life Mercury-added Product
means any mercury-added product that is no longer being used for its intended
				purpose and meets the definition of solid waste or hazardous waste.
Hazardous Waste
means Hazardous Waste,
				as defined in
				310 CMR
				30.010.
Mercury-added Component
means a
				component that contains mercury.
Mercury-added Formulated Product
means
				a chemical product to which mercury has been added, intentionally or
				unintentionally, including, but not limited to, laboratory chemicals, cleaning
				products, cosmetics, pharmaceuticals and coating materials that are sold as
				consistent mixtures of chemicals.
Mercury-added Product
means a product
				to which the manufacturer intentionally introduces mercury, including, but not
				limited to, electric lamps, thermostats, automotive devices, electric switches,
				medical or scientific instruments, electric relays or other electrical devices,
				but not including products made with coal ash or other products that are
				incorporated into equipment used to manufacture semiconductor devices,
				elemental mercury in pre-capsulated form that is sold, distributed or provided
				to a dental practitioner for use in compliance with the department's
				regulations concerning amalgam wastewater and recycling for dental facilities,
				or mercury-added formulated products. This term includes mercury-added
				components that are incorporated into larger products.
Person
means any natural or corporate
				person, whether public or private, including corporations, societies,
				associations and partnerships and bodies politic and corporate, public
				agencies, authorities, departments, offices and political subdivisions of the
				Commonwealth.
Reclaimed or Reclamation
means
				processing to recover a usable product, but does not include burning (e.g., for
				energy recovery) or use constituting disposal.
Scrap Recycling Facility
means a
				facility, location, device or unit where machinery and equipment are used for
				processing and manufacturing scrap metal into prepared grades and whose
				principal product is scrap iron, scrap steel or nonferrous metallic scrap for
				sale for remelting purposes.
Solid Waste
means Solid Waste as
				defined in
				310 CMR 16.02 and
				310 CMR
				19.006.
Solid Waste Collector
means any person
				who collects solid waste from residential, business, commercial, industrial or
				other establishments.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 76.00 - Disposal Prohibition Of Mercury-added Products In Solid Waste › Section 76.03 - Applicability

Current through Register 1525, July 5, 2024
(1)
								310 CMR 76.00 applies, on or
			 after May 1,2008, to any person who generates (including the original
			 consumer), collects or processes a mercury-added product for disposal and to
			 any solid waste collector in Massachusetts.
(2) Compliance with
			 310 CMR 76.00 does not
			 release any person from the need to comply with other applicable federal, state
			 and local requirements.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 76.00 - Disposal Prohibition Of Mercury-added Products In Solid Waste › Section 76.04 - Disposal Requirements

Current through Register 1525, July 5, 2024
(1) No person,
			 household, school, healthcare facility, state or municipal government or
			 business (including solid waste landfills, municipal waste combustors, and
			 solid waste handling facilities) shall knowingly dispose of a mercury-added
			 product in any manner other than by recycling, disposing as hazardous waste or
			 using an alternate method approved by the Department.
(2) Alternative methods of disposal for
			 mercury-added products and mercury-added components.
(a) Alternative methods of disposal for
			 categories or types of mercury-added products and mercury-added components.
1. The department in its sole discretion may
			 approve alternative methods of disposal for categories or types of
			 mercury-added products and components. Such approvals may be made in response
			 to requests in writing that describe:
a. why
			 an alternative to mercury reclamation or disposal as hazardous waste is
			 necessary;
b. the alternative
			 method proposed;
c. the
			 environmental impacts of the proposed method; and
d. a description of the measures that will be
			 implemented to minimize exposure of people and the environment to
			 mercury.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 76.00 - Disposal Prohibition Of Mercury-added Products In Solid Waste › Section 76.05 - Management of End-of-Life Mercury-Added Products

Current through Register 1525, July 5, 2024
(1) End of life mercury-added products that
			 are hazardous waste pursuant to 310 CMR 30.000 shall be handled in accordance
			 with 310 CMR 30.000.
(a) End of life
			 mercury-added products that are universal wastes pursuant to 310 CMR 30.1000
			 may be handled in accordance with 310 CMR 30.1000.
(b) Mercury-added components that are removed
			 from larger products and that are classified as universal waste may be handled
			 in accordance with 310 CMR 30.1000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 77.00 - Collection and Recycling of Mercury-added Thermostats › Section 77.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 310 CMR 77.00 is to protect public health,
				safety, welfare and the environment by implementing M.G.L. c. 21H, §
				6J½ and St. 2014, c. 196, § 5. 310 CMR 77.00 requires manufacturers
				that distributed, offered for final sale, or sold at final sale mercury-added
				thermostats, to establish a system to collect, transport, and properly manage
				out-of-service mercury-added thermostats, including recycling of such
				thermostats, in accordance with M.G.L. c. 21C and 310 CMR 30.000:
Hazardous Waste
. 310 CMR 77.00 establishes requirements for
				collection and proper management of mercury-added
				thermostats.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 77.00 - Collection and Recycling of Mercury-added Thermostats › Section 77.03 - Applicability

Current through Register 1525, July 5, 2024
(1)310 CMR 77.00 applies to:
(a) Manufacturers that distributed, offered
			 for final sale, or sold at final sale any mercury-added thermostat within the
			 Commonwealth of Massachusetts;
(b)
			 Thermostat wholesalers;
(c)
			 Thermostat retailers;
(d)
			 Contractors;
(e) Qualified
			 contractors;
(f) Solid waste
			 haulers;
(g) Operators of solid
			 waste facilities; and
(h) Any
			 person who generates (including the original consumer), who generates,
			 collects, processes, or manages a mercury-added thermostat for disposal in
			 Massachusetts.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 77.00 - Collection and Recycling of Mercury-added Thermostats › Section 77.05 - Management of Mercury-added Thermostats

Current through Register 1525, July 5, 2024
(1) Except as otherwise provided in 310 CMR
			 77.05, all persons shall dispose of mercury-added thermostats by recycling or
			 by disposing as hazardous waste or universal waste in compliance with 310 CMR
			 30.000:
Hazardous Waste
.
(2) Contractors who remove mercury-added
			 thermostats from buildings shall deliver such thermostats to a collection site
			 established by mercury-added thermostat manufacturers pursuant to 310 CMR
			 77.04.
(3) Persons who demolish
			 buildings shall remove all mercury-added thermostats prior to building
			 demolition and either:
(a) Deliver such
			 thermostats to collection sites established by mercury-added thermostat
			 manufacturers pursuant to 310 CMR 77.04; or
(b) Collect and manage mercury-added
			 thermostats in accordance with applicable federal and state laws governing
			 hazardous waste and universal waste, including 310 CMR 30.000:
Hazardous Waste
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.01 - Authority

Current through Register 1525, July 5, 2024
310 CMR 80.00 is promulgated
				  by the Commissioner of the Department of Environmental Protection pursuant to
				  the authority granted by M.G.L. c. 21O, § 5, M.G.L. c. 21C, M.G.L. c. 21E,
				  § 6 and M.G.L. c. 21A, § 16.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.02 - Purpose

Current through Register 1525, July 5, 2024
310 CMR 80.00 is intended to
				  protect public health, safety and the environment by regulating the design,
				  installation, testing, maintenance, operation, inspection and closure of
				  underground storage tank (UST) systems and to prevent releases from UST
				  systems.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.04 - Applicability

Current through Register 1525, July 5, 2024
(1) The requirements of
				310 CMR 80.00 shall apply to:
(a) Owners and Operators of UST systems,
				except as provided in 310 CMR 80.04(5) through (13);
(b) If the UST system has a crash, shear or
				impact valve, the regulations apply to Owners and Operators of the UST system
				below the crash, shear or impact valve, except as provided in 310 CMR 80.04(5)
				through (13);
(c) Class A, B and C
				operators;
(d) Third-party
				inspectors; and
(e) Any person
				required by
				310 CMR 80.00 to certify
				compliance with
				310 CMR
				80.00.