reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.06 - Computation of Time

Current through Register 1525, July 5, 2024
Unless otherwise specifically provided by law,
				310 CMR 32.00, or any
				determination issued pursuant to
				310 CMR 32.00, any time
				period prescribed or referred to in
				310 CMR 32.00 or in any
				determination issued pursuant to
				310 CMR 32.00 shall begin
				with the first day following the act which initiates the running of the time
				period, and shall include every calendar day, including the last day of the
				time period so computed. If the last day is a Saturday, sunday, legal holiday,
				or any other day in which the offices of the Department are closed, the
				deadline shall run until the end of the next business day. If the time period
				prescribed or referred to is less than seven days, only days when the offices
				of the Department are open shall be included in the
				computation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.07 - Accurate and Timely Submittals

Current through Register 1525, July 5, 2024
(1) No
			 person shall make any false, inaccurate, or misleading statement in any
			 application, record, report, plan, or statement which that person submits, or
			 is required to submit, to the Department or to a board of health pursuant to
			 310 CMR 32.00 or any order
			 issued by the Department.
(2) Any
			 application, record, report, plan, or statement which any person is required to
			 submit to the Department or to a board of health shall be submitted within the
			 time period prescribed in
			 310 CMR 32.00 or any order
			 issued by the Department, unless otherwise specified by the
			 Department.
(3) Failure to comply
			 with any requirement of 310 CMR 32.07 shall be grounds for appropriate legal
			 action including, without limitation, suspension or revocation of any approval
			 granted by the Department pursuant to
			 310 CMR 32.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.08 - Accurate and Complete Record Keeping

Current through Register 1525, July 5, 2024
(1) No
			 person shall make any false, inaccurate, or misleading statement in any record,
			 report, plan, file, log, or register which that person keeps, or is required to
			 keep, pursuant to
			 310 CMR 32.00. Any record,
			 report, plan, file, log, or register which any person is required to keep shall
			 be filled out completely and otherwise kept in compliance with
			 310 CMR 32.00, or any order
			 issued by the Department.
(2)
			 Failure to comply with any requirement of 310 CMR 32.08 shall be grounds for
			 appropriate legal action including, without limitation, suspension or
			 revocation of any approval granted by the Department pursuant to
			 310 CMR 32.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.09 - General Restrictions on Land Application and Storage of Sludge and Septage

Current through Register 1525, July 5, 2024
(1) Any person who
			 uses, sells, or distributes or offers for use, sale or distribution sludge or
			 septage for land application in Massachusetts shall do so only in compliance
			 with
			 310 CMR 32.00.
(2)
								310 CMR 32.00 shall authorize
			 only the placement of sludge or septage on or in the ground for:
(a) land application for beneficial purposes,
			 or
(b) storage pending use, sale,
			 or distribution for land application for beneficial
			 purposes.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.10 - Classification of Sludge and Septage

Current through Register 1525, July 5, 2024
The Department shall classify sludge and septage in accordance
				with the criteria in
				310 CMR
				32.12(2)  as follows:
(1)
Type I
- Sludge
			 approved by the Department pursuant to
			 310 CMR 32.00 which may be
			 used, sold, or distributed or offered for use, sale, or distribution on any
			 site without further approval of the Department, and which may be used for
			 growing any vegetation. Septage shall not be eligible for Type I
			 classification.
(2)
Type II
- Sludge and septage approved by the
			 Department pursuant to
			 310 CMR 32.00 which may be
			 used, sold, or distributed or offered for use, sale, or distribution on a site
			 only with prior approval of the Department, and which may be used for growing
			 any vegetation.
(3)
Type III
- Sludge and septage approved by the
			 Department pursuant to
			 310 CMR 32.00 which may be
			 used, sold, or distributed or offered for use, sale, or distribution for land
			 application on a site only with prior approval of the Department, which may be
			 used for growing any vegetation not including direct food chain crops, and
			 whose land application to a site must be recorded in the registry of deeds in
			 the chain of title for such site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.11 - Department Approval of Sludge or Septage for Beneficial Purposes

Current through Register 1525, July 5, 2024
(1) In order to be used, sold, or distributed
			 or offered for use, sale, or distribution for beneficial purposes, sludge and
			 septage shall have to meet the criteria of suitability set forth in
			 310 CMR
			 32.12, and shall be the subject of an
			 Approval of Suitability then in effect pursuant to
			 310 CMR 32.00.
(2) No person shall use, sell, or distribute
			 or offer for use, sale, or distribution in Massachusetts sludge or septage
			 unless such sludge or septage is the subject of an Approval of Suitability then
			 in effect pursuant to
			 310 CMR 32.00.
(3) Each Approval of Suitability issued by
			 the Department shall be subject to
			 310 CMR 32.00 and such terms
			 and conditions as the Department may reasonably impose. Each Approval of
			 Suitability shall specify the type classification for the sludge or septage
			 under consideration as determined by the Department pursuant to
			 310 CMR
			 32.12. Every person using, selling, or
			 distributing or offering for use, sale, or distribution sludge or septage shall
			 do so only in accordance with the classification and the terms and conditions
			 specified in the Approval of Suitability issued for such sludge or
			 septage.
(4) Each Approval of
			 Suitability shall be valid for no more than five years from the date of
			 issuance.
(5) The Department may
			 prescribe an application form or forms which shall be used by any person
			 applying for an Approval of Suitability.
(6) No person shall use, sell, or distribute
			 or offer for use, sale or distribution sludge or septage as a commercial
			 fertilizer or as a soil conditioner, as those terms are defined in M.G.L. c.
			 128, § 64, except in compliance with M.G.L. c. 128, §§ 64
			 through 83.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.12 - Criteria for Approval of Suitability

Current through Register 1525, July 5, 2024
In order to receive an Approval of Suitability, an owner or
				operator shall demonstrate that the sludge or septage shall meet the following
				criteria:
(1)
Stabilization
.
(a)
Minimum Requirement
. All sludge and all septage shall
			 be stabilized by a process which will significantly reduce pathogens.
			 Acceptable processes which will significantly reduce pathogens are listed or
			 described in Appendix A,
			 310 CMR
			 32.80.
(b)
Additional Stabilization
			 Requirements
. Sludge or septage shall be further stabilized by a
			 process listed or described in Appendix B,
			 310
			 CMR 32.81, if:
1. the sludge is or is intended to be
			 classified as Type I;
2. the sludge
			 or septage is or is intended to be land applied to a site where a crop for
			 direct human consumption is or is intended to be planted within 24 months after
			 the land application of such sludge or septage, and where such sludge or
			 septage will be in direct contact with the edible portion of the crop;
			 or
3. the sludge or septage is not
			 mixed into the soil within 48 hours after land application.
(c)
Variance
. An owner or operator who produces Type II or
			 Type III sludge which, before any stabilization, contains insignificant levels
			 of pathogens, may apply for a variance from the stabilization requirements in
			 310 CMR 32.12(1)(a);
(d) The
			 Department may grant a variance from 310 CMR 32.12(1)(a) and (b) after
			 consultation with the board of health of the city or town in which the sludge
			 is or is intended to be land applied or, if unknown, the board of health of the
			 city or town in which the owner's or operator's facility is located. The
			 Department shall make note of any such variance in the Approval of Suitability.
			 The Department shall grant no such variance for Type I sludge or for any
			 septage.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.13 - Obtaining and Renewing an Approval of Suitability

Current through Register 1525, July 5, 2024
In order to obtain and keep a Department Approval of
				Suitability, the owner or operator shall comply with the following
				requirements:
(1) For sludge, the
			 owner or operator shall submit to the Department an application which shall
			 include at least the following:
(a) a listing
			 of industrial discharges to the owner's or operator's facility including,
			 whenever known, a description, by quantity and quality, of the content of all
			 industrial discharges to such facility; and
(b) the quantity of septage discharged into
			 the owner's or operator's facility, expressed in gallons of septage per day;
			 and
(c) the daily wastewater flow
			 through the owner's or operator's facility, expressed in gallons per day;
			 and
(d) the quantity of sludge
			 generated by the owner's or operator's facility, expressed in dry tons of
			 sludge per day; and
(e) a
			 description of the stabilization process the owner or operator proposes to
			 utilize to comply with
			 310 CMR
			 32.12; and
(f) a sampling and analysis plan which
			 describes
1. the proposed sampling methods and
			 sampling frequency;
2. the proposed
			 sampling locations;
3. the proposed
			 procedure for handling samples;
4.
			 the name and address of the laboratory to which the samples will be sent for
			 analysis; and
5. the procedure the
			 laboratory proposes to utilize to check and analyze the samples.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.14 - Additional Requirements for Approval of Suitability for Type I Sludge

Current through Register 1525, July 5, 2024
(1) In order to obtain an Approval of
			 Suitability for Type I sludge, an owner or operator, in addition to complying
			 with
			 310 CMR
			 32.13, shall:
(a) state in the application submitted to the
			 Department that an Approval of Suitability is being sought for Type I
			 sludge;
(b) include in the
			 application to the Department for Approval of Suitability the following
			 information about marketing and distribution:
1. a statement of whether the Type I sludge
			 is to be used by, sold to, or distributed to, or offered for use, sale or
			 distribution to the general public or to specific persons and whether the
			 sludge is to be sold or given away to each such intended recipient;
2. identification by name, if known, of each
			 person who will use or to whom will be sold, distributed, or offered for use,
			 sale, or distribution sludge in lots greater than five cubic yards;
3. a description of the estimated amount of
			 sludge to be used by, sold to, or distributed to, or offered for use, sale, or
			 distribution to the general public and/or to persons in lots greater than five
			 cubic yards;
(c) send to
			 the board of health of the city or town in which the owner's or operator's
			 facility is located a copy of the application submitted to the Department
			 pursuant to
			 310 CMR
			 32.13(1)  and 32.14(1)(a)
			 and (b).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.20 - General Requirements for Land Application

Current through Register 1525, July 5, 2024
(1) No person shall land apply any Type II or
			 Type III sludge or septage on any land within Massachusetts unless such land
			 application is in compliance with 310 CMR 32.20 and
			 310
			 CMR 32.21 through 32.29.
(2) The land application of sludge or septage
			 shall be in accordance with good agricultural practices as recommended by the
			 Cooperative Extension Service or the Soil Conservation Service.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.21 - Site Requirements for Land Application of Type II or Type III Sludge or Septage

Current through Register 1525, July 5, 2024
(1)
Soil Texture
.
(a)
			 Except as provided in 310 CMR 32.21(1)(b), Type II or Type III sludge or
			 septage may be land applied only on land where the surface soil meets the
			 criteria for the following soil textural classes as designated by the USDA:
1. sandy loam.
2. sandy clay loam.
3. fine sandy loam.
4. loam.
5. loamy sand.
6. very fine sandy loam.
7. fine silt.
8. silt.
9. silt loam.
10. clay loam.
11. silty clay loam.
12. sandy clay.
13. silty clay.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.22 - Water Pollution Prevention Requirements for Land Application of Type II or Type III Sludge or Septage

Current through Register 1525, July 5, 2024
(1)
Protecting Public Water Supplies.
(a) Except as provided in 310 CMR
			 32.22(1)(b), no Type II or Type III sludge or septage shall be land applied
			 anywhere within a radius of 2, 500 feet of a well used as a source of drinking
			 water supply by a public water system. Except as provided in 310 CMR
			 32.22(1)(b), no sludge or septage shall be land applied within 2, 500 feet of
			 the high water mark of any Class A water.
(b) Land application of Type II or Type III
			 sludge or septage within a radius of 2, 500 feet of a well used as a source of
			 drinking water supply by a public water system, or within 2, 500 feet of the
			 high water mark of any Class A water, may be approved only if the following
			 requirements are met:
1. a person wishing to
			 land apply such sludge or septage in such a location applies in writing to the
			 Department for approval to do so; and
2. the applicant persuades the Department
			 that the sludge or septage contains no significant concentration of organic
			 chemicals; and
3. the applicant
			 persuades the Department, based upon a hydrogeologic study, that there is and
			 will be no significant risk of pollution of any water mentioned in 310 CMR
			 32.22(1)(a); and
4. the Department
			 expressly and in writing approves such land application, subject to a
			 determination by the Department that the applicant has made the showings
			 required by 310 CMR 32.22(1)(b)2 and 3; and
5. no land application of such sludge or
			 septage shall be allowed anywhere within a radius of 400 feet of a well used as
			 a source of drinking water supply by a public water system; and
6. such land application is otherwise in
			 compliance with
			 310 CMR 32.00 and with the
			 terms and conditions of the approval granted by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.23 - Application Management Requirements for Type II or Type III Sludge or Septage

Current through Register 1525, July 5, 2024
(1)
Application Rate.
(a)
			 Type II or Type III sludge or septage shall be land applied at a rate which
			 shall not exceed the nitrogen requirements of the crop grown or intended to be
			 grown at the site of such land application.
(b) Type II or Type III sludge or septage
			 shall be land applied at a rate which does not exceed the maximum annual
			 allowable concentration specified in the following table:
TABLE 32.23(1)(b)
Substance
Maximum Annual Allowable Application
							 Pounds/Acre
Cadmium
0.45
(c)
			 Type II or Type III sludge or septage shall be land applied at a rate which
			 does not allow the maximum cumulative application, excluding the soil
			 background level, to exceed the maximum cumulative allowable levels specified
			 in the following table:
TABLE 32.23(1)(c)
Substance
M aximum Cumulative Application Pounds/Acre
Cation Exchange Capacity in meq/100g
Less than 5
5 or More
Cadmium
4.5
4.5
Zinc
250.0
500.0
Copper
125.0
250.0
Nickel
50.0
100.0
(d)
			 Type II or Type III sludge or septage shall be land applied at a rate which
			 does not allow the cumulative level, including the background lev l, to exceed
			 the maximum cumulative allowable concentration specified in the following
			 table:
TABLE 32.23(1)(d)
Substance
Maximum Annual Allowable Soil Concentration Including
							 Background Level Pounds/Acre
Cation Exchange Capacity in meq/100g
Less than 5
5 or More
Lead
445.0
600.0
PCBs
2.0
2.0
(e) No
			 Type II or Type III sludge or septage shall be land applied on pasture land if
			 the concentration of PCBs in the sludge or septage exceeds two parts per
			 million.
(f) Land application of
			 Type II or Type III sludge or septage at a rate which allows cumulative level
			 of lead to exceed the amount specified in Table 32.23(1)(d) may be allowed only
			 if all the following requirements are met:
1.
			 a person wishing to land apply such sludge or septage at such a rate applies in
			 writing to the Department for approval to do so, and
2. the applicant persuades the Department
			 that allowing additional lead in the soil will not create a significant risk to
			 public health or the environment, and
3. the applicant persuades the Department
			 that, when the cation exchange capacity of the soil is five or more milli
			 equivalents per 100 grams, the maximum cumulative application of lead to the
			 soil shall not exceed 715 pounds per acre, and
4. the Department expressly and in writing
			 approves such land application, after a determination by the Department that
			 the applicant has made the showings required by 310 CMR 32.23(1)(f)2. and 3.,
			 and
5. such land application is
			 otherwise in compliance with
			 310 CMR 32.00 and with the
			 terms and conditions of the approval granted by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.24 - Soil Sampling Requirements for Land Application of Type II or Type III Sludge or Septage

Current through Register 1525, July 5, 2024
(1)
Frequency
. A representative soil sample shall be taken
			 and analyzed from a site prior to:
(a) the
			 first application of Type II or Type III sludge or septage to that site,
			 and
(b) the filing of an
			 application to the Department for a fifth Land Application Certificate after
			 four Land Application Certificates have been issued without representative soil
			 samples having been analyzed.
All soil samples shall be taken and analyzed in compliance with
				310 CMR 32.24, in order to be deemed in compliance with this
				requirement.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.25 - Approval of Site for Land Application of Type II or Type III Sludge or Septage

Current through Register 1525, July 5, 2024
(1) No person shall land apply Type II or
			 Type III sludge or septage on any site without the prior written approval of
			 the Department, issued in the form of a Land Application Certificate. Each Land
			 Application Certificate shall be valid only for the site specified therein.
			 Each Land Application Certificate shall be valid for no more than one
			 year.
(2) Each person who intends
			 to or does land apply Type II or Type III sludge or septage on any site shall
			 submit to the Department for its approval an application for a Land Application
			 Certificate. At the time it submits the application to the Department, the
			 applicant shall submit a copy of the application to the board of health of the
			 city or town in which the land application site is located. If the person who
			 intends to or does land apply Type II or Type III sludge or septage on a site
			 is different from the person who owns the site, both persons shall be
			 considered applicants and both shall sign, and be responsible for the contents
			 of, the application. The Department may prescribe an application form which
			 shall be used by each person applying for a Land Application
			 Certificate.
(3) Each application
			 for a Land Application Certificate shall contain all information necessary to
			 persuade the Department that sludge or septage will be land applied at the site
			 in question only in compliance with
			 310 CMR 32.00. Without
			 limiting the generality of the previous sentence, each application for a Land
			 Application Certificate shall include at a minimum the following information,
			 noting the source of the information where applicable:
(a) A scaled topographic map, preferably of
			 the United States Geological Survey, showing:
1. the location of the land application site,
2. the location of the sludge or
			 septage storage site, and
3. all
			 sources of water supply which are used by public or non-public water systems
			 and which are on or abutting the site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.26 - Recording Notice of Land Application of Type III Sludge or Septage

Current through Register 1525, July 5, 2024
(1) Every person who land applies any Type
			 III sludge or septage, or who owns land on which any Type III sludge or septage
			 is land applied, shall record in the registry of deeds, or if the land in
			 question is registered land, in the registry section of the land court for the
			 district wherein the land lies, a notice which shall contain, at a minimum, the
			 following:
(a) the book and page number or
			 other appropriate cross-reference for the land in the registry of deeds or land
			 court registry section,
(b) the
			 date on which the Department issued the Land Application Certificate pursuant
			 to which the Type III sludge or septage was land applied, and the expiration
			 date of said Land Application Certificate,
(c) the name and address of each facility
			 from which the Type III sludge or septage land applied on the land was
			 obtained, and
(d) for each such
			 facility, the content of the Type III sludge or septage, as stated on the
			 results of the most recent analysis thereof, and the dates on which each such
			 analysis was taken and analyzed .
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.30 - Requirements for Any Storage of Sludge or Septage

Current through Register 1525, July 5, 2024
No person shall store sludge or septage except in compliance
				with the following requirements:
(1)
Protecting All Groundwater
. Sludge or septage shall
			 not be stored at any location where there is less than four feet of unsaturated
			 soil between the lowest point of such storage and the maximum high groundwater
			 table.
(2)
Protecting
			 Groundwater Sources of Public Water Supply
. Sludge or septage
			 shall not be stored anywhere within a radius of 2,500 feet of any location
			 under which there is an existing, planned, or potential groundwater public
			 water supply unless either
(a) a hydrogeologic
			 study persuades the Department that such storage will not result in
			 contamination of such groundwater, or
(b) the sludge or septage is stored in
			 watertight containers or by another comparable method which prevents
			 leakage.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.31 - Additional Requirements for Long-Term Storage of Sludge or Septage

Current through Register 1525, July 5, 2024
No person shall store sludge or septage for more than 42 days
				within any six month period except in compliance with
				310 CMR
				32.30 and the following additional
				requirements:
(1) Such storage of
			 sludge or septage shall not occur at a site without the prior express written
			 approval of the board of health of the city of town in which that site is
			 located. The previous sentence shall not apply to such storage of sludge at the
			 site of a wastewater treatment facility which generated all of such sludge if
			 such facility has a permit from the Department pursuant to M.G.L. c. 21, §
			 43.
(2) Storage of sludge or
			 septage shall not occur without the Department's prior written approval of the
			 plans for such storage. All such plans shall provide measures for controlling
			 odors. If a storage facility receives or is intended to receive an average of
			 2,000 gallons or more of septage per day, the plans for such storage facility
			 shall be prepared by a Massachusetts registered professional
			 engineer.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.40 - Requirements for Transportation of Sludge or Septage

Current through Register 1525, July 5, 2024
(1) No person shall transport sludge or
			 septage for land application purposes in a manner which creates, or threatens
			 to create, a nuisance or a hazard to public health or the
			 environment.
(2) Every person who
			 transports sludge or septage for land application purposes shall transport
			 sludge or septage only:
(a) in a tank,
			 or
(b) in a watertight container,
			 or
(c) by some other means
			 acceptable to the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.51 - Requirements for the Sale or Distribution of Type I Sludge

Current through Register 1525, July 5, 2024
(1) No person shall sell or distribute, or
			 offer for use, sale, or distribution any Type I sludge unless, pursuant to
			 310 CMR 32.00, the Department
			 has approved such sludge as Type I sludge and that approval is valid at the
			 time the Type I sludge is sold or distributed, or offered for use, sale, or
			 distribution.
(2) No person shall
			 use or obtain Type I sludge unless such sludge has a valid Approval of
			 Suitability.
(3)
Labelling of Type I sludge
. Each container in which
			 Type I sludge is sold, distributed, or transported or offered for use, sale, or
			 d!stribution shall itself prominently display or, if such display is not
			 practicable, shall be accompanied by a shipping paper which shall prominently
			 display the following:
(a) identification of
			 the material as Type I sludge,
(b)
			 the date of issuance of the Department Approval of Suitability for the Type I
			 sludge and the expiration date thereof,
(c) instructions for land applying the
			 material in accordance with proper agricultural practice, including but not
			 limited to, identification of proper agronomic application rates which shall
			 not cause exceedance of the nitrogen requirements of the crop to be grown or
			 intended to be grown, and
(d) type
			 I sludge containing molybdenum shall be accompanied by a written label or bill
			 of lading that states the following: "This product contains molybdenum. Under
			 certain site conditions, if used on soils growing crops that will be used to
			 feed ruminant animals (
e.g.
, cattle, sheep and goats) there is
			 a small risk that molybdenosis could occur. This risk is greater for alkaline
			 stabilized biosolids. Animal managers are advised to refer to additional
			 information on the site conditions of concern and management options at (
http://www.mass.gov/eea/docs/dep/water/wastewater/a-thru-n/mobiosolids.pdf
)." A statement indicating whether the biosolids have been alkaline stabilized
			 shall also be included.
(e) all
			 other instructions and information required by law.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.52 - Requirements for the Sale or Distribution of Type II or Type III Sludge or Septage

Current through Register 1525, July 5, 2024
(1) No person shall
			 sell or distribute, or offer for use, sale, or distribution any Type II or Type
			 III sludge or septage unless:
(a) the
			 Department has issued an Approval of Suitability for such sludge or septage and
			 that Approval of Suitability for such sludge or septage is valid at the time
			 such sludge or septage is sold or distributed or offered for sale,
			 distribution, or use;
(b) the
			 Department has granted a Land Application Certificate authorizing the person
			 purchasing or obtaining the sludge or septage to use that specific type sludge
			 or septage which is being sold or distributed or offered for use, sale, or
			 distribution.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.60 - Record Generating, Record Keeping, and Reporting Requirements

Current through Register 1525, July 5, 2024
(1)
General
. All
			 records required to be kept pursuant to
			 310 CMR 32.00 shall be kept
			 for at least three years. All records required to be kept pursuant to 310 CMR
			 32.60(4)(a)4. and 32.60(5)(a)1. through 5. shall be kept permanently. All
			 records shall be readily available for inspection by personnel of the
			 Department or of the board of health of the city or town in which the facility
			 or the land application site is located, as the case may be.
(2)
Owner or
			 Operator
.
(a) Each owner or
			 operator shall enter into its records the information required pursuant to 310
			 CMR 32.60(2)(b) and if a seller or distributor, shall enter into its records
			 the information required pursuant to 310 CMR 32.60(3).
(b) Each owner or operator shall keep the
			 following records:
1. the approval given by
			 the Department pursuant to
			 310
			 CMR 32.11;
2. a description of the stabilization method
			 used to comply with
			 310 CMR
			 32.12(1), including the
			 address where that stabilization occurred and a detailed description of the
			 conditions under which that stabilization actually occurred;
3. the results of analyses of all samples of
			 the sludge or septage, including when and by whom they were taken and
			 analyzed;
4. copies of all
			 information and material submitted to the Department in compliance with
			 310 CMR
			 32.13 and
			 32.14;
5. all studies and technical data on which
			 such information and material were based; and
6. the address of each place where sludge or
			 septage was stored and for each such place, how long sludge or septage was
			 stored there.
(c) Each
			 owner or operator shall submit to the Department an annual report which shall
			 include the information of which the owner or operator is required to keep
			 records pursuant to 310 CMR 32.60(2)(a) and (b). For each owner or operator,
			 such annual report shall be due on February 1 of the calendar year following
			 the date the Department issued the Approval of Suitability pursuant to
			 310
			 CMR 32.11.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.70 - Sampling and Analysis Requirements

Current through Register 1525, July 5, 2024
(1)
General
. Each sample of sludge, septage, or soil shall
			 be sampled, handled and analyzed in accordance with best technical judgment,
			 with guidance most recently published by the Department and the EPA, and with
			 310 CMR 32.70.
(2)
Sampling
. Each sample shall be sampled in compliance
			 with all of the following requirements:
(a)
			 The sample shall be collected in a proper manner to ensure that it is
			 representative of the material being sampled.
(b) The sample shall be properly preserved
			 immediately upon collection.
(c)
			 The sample shall be properly handled and packaged in a manner that will
			 maintain the integrity of the sample and minimize the potential for
			 contamination.
(d) The sample shall
			 be labelled to show when, from what, from where, and by whom it was
			 taken.
(e) As soon as possible
			 after it is collected, and in any event no later than its maximum holding time
			 for reliable analysis, the sample shall be delivered to the laboratory for
			 analysis.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.80 - Appendix A: Acceptable Processes for Pathogen Reduction

Current through Register 1525, July 5, 2024
Acceptable processes which will significantly reduce pathogens
				are:
(1)
Aerobic
			 Digestion
: A process during which sludge or septage is broken down
			 by bacteria by agitating the sludge or septage, mixing it with air or oxygen,
			 and maintaining residence times ranging from 60 days at 15°C to 40 days at
			 20°C, with a volatile solids reduction of at least 38%.
(2)
Air Drying
: A
			 process in which sludge or septage is allowed to drain and/or dry on
			 under-drained sand beds, or paved or unpaved basins in either of which the
			 sludge or septage is at a maximum depth of nine inches. This process is
			 acceptable only if it occurs for at least three months during which
			 temperatures must average, on a daily basis, above 0°C for two
			 months.
(3)
Anaerobic
			 Digestion
: A process during which sludge or septage is broken down
			 by bacteria in the absence of oxygen at residence times ranging from 60 days at
			 20°C to 15 days at 35°C through 55°C, with a volatile solids
			 reduction of at least 38%.
(4)
Low Temperature Composting
: A composting process using
			 the within-vessel, static aerated pile, or windrow methods. For all three
			 methods, the composting temperature shall be not less than 40°C for five
			 consecutive days, and not less than 55°C during four hours of this five day
			 period.
(5)
Lime
			 Stabilization
: A process in which lime is added to sludge or
			 septage to produce a pH of 12 after two hours of contact with the sludge or
			 septage.
(6)
Other
			 methods
: Other methods or operating conditions may be deemed
			 acceptable by the Department if the owner or operator can provide data showing
			 that the pathogen and vector attraction of the volatile solids are reduced to
			 an extent equivalent to the reductions achieved by any of the other methods
			 listed above in 310 CMR 32.80. Written approval of equivalency by the
			 Department shall be required.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 32.00 - Land Application of Sludge and Septage › Section 32.81 - Appendix B: Acceptable Processes for Additional Pathogen Reduction

Current through Register 1525, July 5, 2024
Additional processes which will further reduce pathogens are
				listed below. The processes listed in 310 CMR 32.81(5), (6), and (7) are in
				addition to processes listed or described in
				310 CMR
				32.80.
(1)
High Temperature
			 Composting
: A composting process using either the windrow,
			 within-vessel, or static-aerated pile method; provided that whenever the
			 windrow method is used, a composting temperature of not less than 55°C
			 shall be continuously maintained for at least 15 days during the composting
			 period, and that the windrow shall be turned at least five times during this
			 15-day period; and provided that whenever the static-aerated pile method or the
			 within-vessel method is used, a composting temperature of not less than
			 55°C shall be continuously maintained for at least three consecutive
			 days.
(2)
Heat
			 Drying
: A process in which a dewatered sludge cake is dried by
			 direct or indirect contact with hot gases, and the moisture content is reduced
			 to 10% or lower. Sludge particles shall reach temperatures well in excess of
			 80°C, or the wet bulb temperature of the gas stream in contact with the
			 sludge at the point where it leaves the dryer shall be in excess of
			 80°C.
(3)
Heat
			 Treatment
: A process in which liquid sludge or septage is
			 maintained at temperature of at least 180°C for at least 30 consecutive
			 minutes.
(4)
Thermophilic Aerobic Digestion
: The process by which
			 liquid sludge or septage is agitated with air or oxygen to maintain aerobic
			 conditions at a residence time of ten days at 55°C through 60°C, and
			 has a volatile solids reduction of at least 38%.
(5)
Electron
			 Radiation
: A process in which sludge or septage is irradiated with
			 electrons from an accelerator at dosages of at least 1.0 megarad at room
			 temperature,
i.e.
, approximately 20°C.
(6)
Gamma Ray
			 Irradiation
: A process in which sludge or septage is irradiated
			 with gamma rays from certain isotopes, such as Cobalt-60 or Cesium-137, at
			 dosages of a least 1.0 megarad at room temperature,
i.e.
,
			 approximately 20°C.
(7)
Pasteurization
: A process in which sludge or septage
			 is maintained for at least 30 continuous minutes at a temperature of not less
			 than 70°C.
(8)
Other Methods
: Other methods or operating conditions
			 may be deemed acceptable by the Department if the owner or operator can provide
			 data showing that the pathogen and vector attraction of the volatile solids are
			 reduced to an extent equivalent to the reductions achieved by any of the other
			 methods listed in 310 CMR 32.81. Written approval of equivalency by the
			 Department shall be required.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 33.00 - Implementation Of M.g.l. C. 111f, Employee And Community "right To Know" › Section 33.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
310 CMR 33.00 is promulgated
				under authority of M.G.L. c. 111F. The purpose of
				310 CMR 33.00 is to implement
				effectively the provisions of M.G.L. c. 111F, thereby ensuring an orderly
				dissemination of information related to toxic and hazardous substances and
				further protecting the public health and safety.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 33.00 - Implementation Of M.g.l. C. 111f, Employee And Community "right To Know" › Section 33.04 - Filing of MSDS

Current through Register 1525, July 5, 2024
(1) Any employer
			 who manufactures, uses, processes or stores any hazardous or toxic substance in
			 any workplace (other than a research laboratory exempted under M.G.L. c. 111F
			 and
			 105 CMR
			 670.015 ) shall file a completed copy of each
			 material safety data sheet (MSDS) for each such substance with the Department's
			 regional office for the region in which each such workplace is located. Each
			 MSDS shall contain the information required by M.G.L. c. 111F, § 1 and by
			 454 CMR
			 21.06, and shall be identical to the copy
			 maintained by the employer in a central location in the workplace, as required
			 by M.G.L. c. 111F, § 11(a). Where a trade secret claim is made pursuant to
			 M.G.L. c. 111F, § 5, the MSDS shall be identical to the MSDS filed with
			 the Department of Public Health, including the identifying code required by
			 105 CMR
			 670.020(C)(9). Each such
			 employer shall attach to each collection of MSDSs an employer identification
			 sheet, which shall contain the following information in the following order:
(a) the employer's name.
(b) the workplace address.
(c) the four digit Standard Industrial
			 Classification (SIC) number for that workplace.
(d) the employer's mailing address (if
			 different),
(e) the position title
			 and, when possible, the name of an individual to contact for further
			 information,
(f) the business and
			 emergency telephone number of the person identified in 310 CMR 33.04(1)(e),
(g) an estimate of the number of
			 employees at the workplace listed in 310 CMR 33.04(1)(b).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 33.00 - Implementation Of M.g.l. C. 111f, Employee And Community "right To Know" › Section 33.05 - Release of MSDS to Government Officials

Current through Register 1525, July 5, 2024
(1)
Departments of Public Health and Labor and Industries
.
			 All employers are hereby notified that the Departments of Public Health and
			 Labor and Industries shall have continual access to all MSDSs filed with the
			 Department via interlocking filing systems; thus, copies of all MSDSs filed
			 with the Department have been provided to these agencies upon entry in the
			 system.
(2)
Other
			 Agencies of the Commonwealth
. Any other state agency may file a
			 written request for MSDS information.
(a) Such
			 request shall identify to the extent possible the name and location of each
			 employer to whom the request pertains, and each substance about which
			 information is sought. Where specific identification is not possible, the
			 request should identify categories of employers or substances.
(b) The request shall contain a written
			 justification explaining why the information is essential to the performance of
			 a duty to protect public health or safety, including:
1. a reference to the authority to be
			 exercised, and
2. a statement of
			 the actions proposed as performance of such a duty. A statement that the
			 information is essential to determine whether any additional actions are
			 necessary shall be sufficient, if accompanied by a summary of some or all
			 contemplated actions the requesting agency is authorized to take.
3. the specific reasons access to MSDS
			 information is essential.
(c) The request shall be filed with the
			 appropriate regional office of the Department.
(d) The Department shall make a written
			 determination whether to release any MSDS information. Copies of the
			 determination shall be mailed to the requesting agency and to the relevant
			 employer(s). When an MSDS is released, it shall be accompanied by a statement
			 advising the recipient of the restrictions on disclosure of said
			 MSDS.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 33.00 - Implementation Of M.g.l. C. 111f, Employee And Community "right To Know" › Section 33.06 - Community Petition Process

Current through Register 1525, July 5, 2024
(1)
Filing of Petition
. On or after April 1, 1985, a
			 community resident in a city or town in which an employer manufactures, uses,
			 processes, or stores toxic or hazardous substances, who has reason to believe
			 that the utilization of such substances is or may be endangering public health
			 or safety, may file a petition with the municipal coordinator of that community
			 requesting an investigation. The municipal coordinator may establish reasonable
			 procedural rules for the filing of such petitions. Such a petition must include
			 the following:
(a) The signature, name and
			 residential address of the petitioner;
(b) A statement that the petition is filed
			 under the provisions of M.G.L. c. Chapter 111F (or the "Right to Know"
			 Law);
(c) A statement of the
			 petitioner's grounds for belief that the use or presence of toxic or hazardous
			 substances is or may be endangering public health or safety; and
(d) Any other information or data known to
			 the petitioner which would assist the municipal coordinator in conducting an
			 investigation, including;
1. the name of the
			 employer(s) who are believed to manufacture, use, process or store the toxic or
			 hazardous substance(s),
2. the
			 name or names of the toxic or hazardous substance(s), if known to the
			 petitioner;
3. any information
			 concerning the effects of such substance(s);
4. any other relevant information or
			 data.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 33.00 - Implementation Of M.g.l. C. 111f, Employee And Community "right To Know" › Section 33.08 - Exceptions

Current through Register 1525, July 5, 2024
(1) The Commissioner may, by regulation,
			 establish exceptions from specific requirements of
			 310 CMR 33.00 for classes of
			 substances or mixtures. Any such exception shall not relieve any employer from
			 the obligation to comply with other provisions of
			 310 CMR 33.00 or the
			 regulations of any other agency under M.G.L. c. 111F.
(2)
Exception from filing
			 requirements
. The filing requirement set forth in
			 310 CMR 33.04
			 shall not apply to toxic or hazardous substances present in a workplace in the
			 following forms and circumstances:
(a)
			 consumer goods (goods primarily used or bought for use by individuals for
			 personal, family or household purposes) when used in the workplace, where,
1. the toxic or hazardous substances
			 contained therein are not listed as carcinogens, mutagens, teratogens,
			 neurotoxins, or extraordinarily hazardous substances as defined by the
			 Department of Public Health, and
2.
			 they are not required to be labelled under M.G.L. c. 111F, § 7(b),
			 and
3. the substance is used in the
			 workplace in such a manner that employee exposure is substantially equivalent
			 to exposures resulting from consumer usage.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 33.00 - Implementation Of M.g.l. C. 111f, Employee And Community "right To Know" › Section 33.09 - Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1) Authority to
			 act in the name of the Commissioner under M.G.L. c. 111F is hereby delegated to
			 the regional environmental engineer for each regional office of the Department
			 with respect to the following matters arising in that region:
(a) initiation of investigation of alleged
			 violation,
(b) conference,
			 conciliation and persuasion,
(c)
			 administrative orders following the failure of conference, conciliation and
			 persuasion,
(d) determinations
			 pertaining to the release of MSDS in response to citizen petitions or requests
			 by government agencies.
A person aggrieved by an administrative order or a
				determination pertaining to release of MSDS information made by a regional
				environmental engineer may request a review by the Commissioner.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 35.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
310 CMR 35.00: M.G.L. c. 21A, § 2(28); St. 1985, c. 140,
				§ 2, line item 2200-0300.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.01 - Authority

Current through Register 1525, July 5, 2024
310 CMR 36.00 is promulgated
				by the Department pursuant to the authority granted by M.G.L. c. 21G, § 3
				and by M.G.L. c. 30A, §§ 2 and 3.
				310 CMR 36.00 should be read
				together with the Massachusetts Water Management Act, M.G.L. c. 21G, which has
				many important provisions not repeated in
				310 CMR
				36.00.