Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.1010 - Definitions

Current through Register 1525, July 5, 2024
Aerosol Can
means a non-refillable
				  receptacle containing a gas compressed, liquefied, or dissolved under pressure,
				  the sole purpose of which is to expel a liquid, paste, or powder and fitted
				  with a self-closing release device allowing the contents to be ejected by the
				  gas.
Ampoule
means an airtight vial made
				  of glass, plastic, metal, or any combination of these materials.
Battery
means a device consisting of
				  one or more electrically connected electrochemical cells which is designed to
				  receive, store, and deliver electric energy. An electrochemical cell is a
				  system consisting of an anode, cathode, and an electrolyte, plus such
				  connections (electrical and mechanical) as may be needed to allow the cell to
				  deliver or receive electrical energy.
Battery
also
				  includes an intact unbroken battery from which the electrolyte has been
				  removed.
Destination Facility
means a
				  facility that is authorized to receive and recycle, treat, or dispose of a
				  particular category of universal waste, except those management activities
				  described in
				  310
				  CMR 30.1034(1), (3), (4), (5) and
				  (6), as well as
				  310
				  CMR 30.1044(1), (3), (4), (5) and
				  (6). A facility at which a particular
				  category of universal waste is only accumulated, is not a destination facility
				  for purposes of managing that category of universal waste. If located in
				  Massachusetts, these facilities shall be properly licensed in compliance with
				  310
				  CMR 30.800, or be properly permitted in
				  compliance with
				  310
				  CMR 30.290.
FIFRA
means the Federal Insecticide,
				  Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).
Large Quantity Handler of Universal
				  Waste
means a universal waste handler who accumulates 5,000
				  kilograms or more total of universal waste at any time. This designation as a
				  large quantity handler of universal waste is retained until such time as a
				  change of status request is received by the Department in compliance with
				  310
				  CMR 30.1043, and through the end of the
				  calendar year in which the change of status request was received.
Mercury-containing Device
means any
				  electrical product or component (excluding batteries, lamps and thermostats)
				  which contains elemental mercury that is necessary for its operation and is
				  housed within an outer metal, glass or plastic casing. Mercury-containing
				  devices include, but are not limited to, thermocouples, thermometers,
				  manometers, barometers, sphygmomanometers, electrical switches and relays, as
				  well as certain gas flow regulators and water meters.
Mercury-containing Lamp
means any
				  bulb or tube portion of an electric lighting device specifically designed to
				  produce radiant energy including, but not limited to, incandescent,
				  fluorescent, high intensity discharge, high pressure sodium, mercury vapor,
				  metal halide and neon lamps in which mercury is purposely introduced by the
				  manufacturer for the operation of the lamp.
Pesticide
means a substance or
				  mixture of substances intended for preventing, destroying, repelling, or
				  mitigating any pest, and any substance or mixture of substances intended for
				  use as a plant regulator, defoliant, or desiccant; provided that
Pesticide
shall not include any article that is a "new
				  animal drug" within the meaning of section 201(w) of the Federal Food, Drug and
				  Cosmetic Act, or that has been determined by the Secretary of the United States
				  Department of Health, Education and Welfare not to be a new animal drug by a
				  regulation establishing conditions of use for the article, or that is an animal
				  feed within the meaning of section 201(x).
Small Quantity Handler of Universal
				  Waste
means a universal waste handler who accumulates less than
				  5,000 kilograms total of universal waste at any time.
Thermostat
means a temperature
				  control device that contains metallic mercury in an ampoule attached to a
				  bimetal sensing element.
Universal Waste
means any of the
				  following hazardous wastes, as further described in
				  310
				  CMR 30.1020, that are managed under the
				  universal waste requirements of
				  310
				  CMR 30.1000:
(a) Batteries;
(b) Pesticides;
(c) Thermostats;
(d) Mercury-containing devices;
(e) Mercury-containing lamps; and
(f) Aerosol Cans.
[Note: Not all batteries, pesticides, lamps and aerosol cans
				  are hazardous wastes, and therefore, they do not all qualify as universal
				  wastes; such wastes may instead be managed as nonhazardous solid
				  wastes.]
Universal Waste Handler
.
(a) Means:
1. A generator of universal waste;
				or
2. The owner or operator of a
				facility that receives universal waste from other universal waste handlers,
				accumulates universal waste, and sends universal waste to another universal
				waste handler, to a destination facility, or to a foreign
				destination.