Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.602 - General Requirements for All Facilities

Current through Register 1525, July 5, 2024
(1) Hazardous
				waste storage operations shall be conducted in such a manner that all hazardous
				wastes are contained throughout the life of the storage operation.
(2) Notwithstanding any provision of 310 CMR
				30.660, the Department may require the owner or operator of any facility which
				uses, stores, or treats hazardous waste to comply with, and such owner or
				operator shall comply with, all or part of 310 CMR 30.660:
Groundwater
				Protection
if the Department determines that such action is
				appropriate to protect public health, safety or welfare or the
				environment.
(3) The Department may
				require any facility which uses, stores, treats or disposes of hazardous waste
				to implement, and such owner or operator shall implement, emission monitoring
				and/or ambient air quality monitoring programs if the Department determines
				that such action is appropriate to protect public health, safety, or welfare or
				the environment.
(4) Each unit in
				which hazardous waste is used, stored, treated or disposed of shall have such
				process controls and emission controls as the Department may require to protect
				public health, safety, and welfare and the environment from toxic or otherwise
				harmful fumes, mists, dusts or gases. The Department may prohibit the use,
				storage, treatment or disposal of certain hazardous wastes in impoundments,
				piles, landfills or other units if the Department determines that use, storage,
				treatment or disposal of such waste might result in the production of hazardous
				emissions in concentrations in excess of air quality standards or in quantities
				sufficient to present a potential hazard to public health, safety, or welfare
				or the environment.
(5) Pursuant to
				310 CMR
				7.02(5)  and 30.000, the
				Department may require the owner or operator of an existing facility (as
				defined in
				310 CMR 30.010) to
				submit to the Department plans and specifications for reconstruction,
				alteration or repair of the facility and/or proposed standard operating
				procedures for the facility whenever the Department determines that the
				facility is in need of reconstruction, alteration or repair and/or that new or
				revised standard operating procedures are necessary to prevent the facility
				from causing or contributing to a condition of air pollution.
(6) Each owner or operator shall take all
				appropriate measures to minimize odors originating from each facility for the
				use, treatment, storage or disposal of hazardous waste. No operation at a
				facility which uses, stores, treats or disposes of hazardous waste shall result
				in the creation of a noisome or unwholesome odor (as defined in
				310 CMR 30.010
				).
(7) Each owner or operator shall
				pave or line each truck dock or similar area where hazardous waste is loaded or
				unloaded with a material which is sufficiently impervious to spills or leaks of
				hazardous waste that such waste shall be prevented from coming in contact with
				soil or groundwater.
(8) Each owner
				or operator shall operate each facility so that, at the site of the facility,
				traffic patterns and volume are controlled and access roads are surfaced so
				that traffic, including emergency vehicles, has safe and expeditious access to
				the facility.
(9) For all facility
				owners and operators who are required to seek a new permit/license or a renewal
				permit/license (including a post-closure permit/license) for the treatment,
				storage, or disposal of hazardous waste pursuant to
				310 CMR
				30.099 or
				40 CFR
				270.1(c), the corrective
				action provisions of
				40
				CFR 264.101 are hereby incorporated by
				reference, and will be applied at the time of permit/license issuance, subject
				to the following additions, modifications, and exceptions:
(a) In
				40
				CFR 264.101(b), delete
				"Subpart S of this part" and substitute " 310 CMR 40.0000."
(b) In
				40
				CFR 264.101(c), delete
				"Regional Administrator" and substitute "Department."
(c) At the end of
				40
				CFR 264.101(d), add, "The
				management of remediation waste is subject to the requirements of
				310 CMR
				40.0030."
Notwithstanding the foregoing, the requirements of 310 CMR
				  30.602(9) shall not apply to the owner and/or operator of an Interim Status
				  Disposal Facility that is conducting corrective action pursuant to the terms of
				  a federal RCRA Corrective Action permit issued by EPA under the authority of
				  40
				  CFR 264.101, and in effect as of the date
				  that EPA authorizes Massachusetts to implement the HSWA Corrective Action Rule
				  pursuant to RCRA § 3006 and 40 CFR Part 271, subpart A, for so long as the
				  EPA permit continues in effect and for so long as any requirements established
				  by the EPA permit continue in effect pursuant to a federal count order, unless
				  otherwise agreed to by the parties and ordered by a court of competent
				  jurisdiction.