Section 16.03 - Exemptions from Site Assignment(1)Manufacturing or Industrial Activities. The following manufacturing or industrial operations which handle recyclable or organic materials in the manufacturing or industrial process do not require a site assignment, a facility permit pursuant to 310 CMR 19.000: Solid Waste Management, a general permit pursuant to 310 CMR 16.04, or a recycling, composting or conversion permit pursuant to 310 CMR 16.05, but shall handle such recyclable or organic materials in a manner that prevents an unpermitted discharge of pollutants to air, water, land or other natural resources of the Commonwealth, does not create a public nuisance, and does not present a significant threat to public health, safety or the environment: (a) paper mills, including de-inking plants and paperboard manufacturers;(c) aluminum smelting plants and mills;(d) glass manufacturing plants;(e) plastic manufacturing plants;(f) tire re-capping plants;(h) cement and concrete plants;(j) asphalt batching plants; and(2) The activities listed in this subsection at 310 CMR 16.03(2)(a) through (c) do not require a site assignment, a facility permit pursuant to 310 CMR 19.000: Solid Waste Management, a general permit pursuant to 310 CMR 16.04, or a recycling, composting or conversion permit pursuant to 310 CMR 16.05, provided that the owner and operator incorporates best management practices in a manner that prevents an unpermitted discharge of pollutants to air, water or other natural resources of the Commonwealth, does not create a public nuisance, and does not present a significant threat to public health, safety or the environment. (a)Handling Solid Waste.1.Temporary Solid Waste Storage. Temporary storage of solid waste in dumpsters, roll-offs, or other temporary storage containers for the collection of solid waste generated on-site.2.Temporary Storage by a Public Works Department. Dumpsters, roll-offs, or other temporary storage containers or temporary storage areas at a location controlled by a public works department such as a municipal or state department, agency or authority of public works, transportation, public parks or recreation or similar government entity, when used exclusively for solid waste generated and collected by the government entity and when storage is appropriate for the type of waste (e.g., materials such as trash from roadside trash barrels are stored in dumpsters or roll-offs while materials such as street sweepings may be stored without containers).3.Occasional Solid Waste Vehicle Layover. Property owned or leased by a solid waste transporter for purposes of truck storage or repair where trucks, trailers and other solid waste handling and transfer equipment containing loads of solid waste are occasionally stored for overnight or weekend layover prior to transportation to a solid waste management facility, provided that: a. there is no unloading or transfer of the solid waste from the container or vehicle to the ground or to another container or vehicle;b. the trucks or other solid waste handling and transfer equipment are sufficiently enclosed to prevent public nuisance conditions; andc. the zoning provisions applicable to the truck storage or repair site would not disallow such an activity or use.d. For purposes of 310 CMR 16.03(2)(a)3., occasionally means not a routine or scheduled activity, but the result of unexpected circumstances such as equipment breakdown or unscheduled closure of a solid waste management facility.4.Hospital and Laboratory Medical or Biological Waste Storage Area. A hospital, medical laboratory or biotechnology company which accepts for storage, pending off-site treatment or disposal, medical or biological waste generated on-site by the hospital, medical laboratory or biotechnology company, or medical or biological waste generated off-site, provided that the hospital, medical laboratory or biotechnology company complies with the following requirements. a. The hospital, biotechnology company or medical laboratory has sufficient properly designed and operated medical or biological waste storage areas to accommodate on-site and off-site medical or biological waste and manages all medical or biological waste in compliance with 105 CMR 480.000: Minimum Requirements for the Management of Medical or Biological Waste, and any other applicable law or regulation.b. The hospital, medical laboratory or biotechnology company accepts and stores medical or biological waste generated off-site with medical or biological waste generated on-site in accordance with the applicable requirements below. i.Hospital. A hospital collects and stores medical or biological waste generated on-site and off-site only from hospitals or clinics that the hospital owns or from hospitals, clinics or physicians with whom the hospital has a professional affiliation for the provision of medical services.ii.Medical Laboratory. A medical laboratory collects and stores medical or biological waste generated on-site and only generated off-site from laboratories that it operates or generated off-site by customers to whom the laboratory provides laboratory services but only to the extent that the medical or biological waste collected and stored from such customers does not, on a daily basis, exceed the amount of medical or biological waste generated on-site from the medical laboratory's own laboratory activities.iii.Biotechnology Company. A biotechnology company collects and stores medical or biological waste generated on-site and off-site only from the company's biotechnology operations conducted at buildings owned or leased by the biotechnology company.(b)Handling Recyclable Material.1.Recycling Drop-off Center. A recycling drop-off center.2.One Day Collection Event. A one day collection event for recyclable materials.3.Beverage Container Redemption Center. A redemption center which collects, stores, and processes beverage containers subject to the provisions of M.G.L. c. 94, §§ 321 through 326.4.Paper Baling and Handling. Paper baling and handling of recyclable paper (including all grades of paper and paperboard).5.Asphalt Pavement, Brick and Concrete Recycling Operation. An asphalt pavement, brick or concrete rubble processing (crushing) operation when: a. the operation is located at: i. an active quarry or active sand and gravel pit where any asphalt pavement, brick and concrete rubble that is transported to the operation is presorted, so it contains only asphalt pavement, brick or concrete rubble; orii. the site of a demolition and/or construction project where all the asphalt pavement, brick and concrete rubble processed is generated at the site;b. the material consists solely of asphalt pavement, brick and concrete rubble that is not mixed with or contaminated by wastes;c. the asphalt pavement, brick and concrete rubble is processed so the maximum length of the largest dimension of any piece of rubble is less than six inches;d. all rebar is removed in the process and is recycled or disposed in an approved facility;e. there is no accumulation of the asphalt pavement, brick and concrete rubble or rebar prior to or after processing whether in its as-received, in-process or processed condition for more than six months from the date of receipt;f. at least 30 days prior to commencement of operation, the owner or operator notifies the Department and the board of health in writing using a form provided by the Department; andg. the owner or operator maintains accurate records for at least three years to demonstrate compliance with 310 CMR 16.03(2)(b)5.6.Tire Chipping, Shredding or Other Tire Processing. Tire chipping, shredding or other tire processing when:a. only tires or tires with wheel rims attached, that are not mixed with other solid waste, are processed;b. the quantity of whole tires on site does not exceed the number of tires that can be processed in a 24-hour period or 1000 tires, whichever is greater;c. the total quantity of processed tires (tire chips, shreds or other tire derived products) at the site does not exceed five times the weight of tires that can be processed in a 24-hour period or the equivalent of 5000 tires, whichever is greater;d. whole tires and processed tires are stored in buildings, covered containers or covered to prevent the infiltration of water;e. whole tires and processed tires are stored in accordance with 310 CMR 7.00: Air Pollution Control and local fire department requirements for storing combustible material;f. there is no accumulation of tires and/or processed tires prior to or after processing whether in its as-received, in-process or processed condition for more than 30 days from the date of receipt;g. the processed tires are:i. used to make new synthetic polymers ("rubber");ii. used in accordance with a beneficial use determination or other approval required by the Department;iii. combusted in a facility that is not a solid waste facility and in accordance with a specific air quality approval issued under 310 CMR 7.00: Air PollutionControl that approves the combustion of tires or processed tires as an alternative fuel;iv. transferred to a solid waste management facility approved by the Department; orv. transferred out-of-state and managed in accordance with that state's laws; andh. at least 30 days prior to commencement of operation, the owner or operator notifies the Department, the board of health, and the local fire department in writing using a form provided by the Department.7.Occasional Non-commodity CRT Vehicle Layover. Property owned or leased by a transporter of Non-commodity CRTs to hold Non-commodity CRTs prior to transportation to a CRT Operation, a CRT recycling facility, or a permitted hazardous waste treatment, storage or disposal facility, provided that Non-commodity CRTs are held in a enclosed vehicle at the site for no longer than ten days.8.CRT Operation. A CRT Operation, provided that the owner and operator of the CRT Operation complies with the following additional conditions: a. The owner and operator of the CRT Operation collect, store, handle and transport CRTs in a manner that prevents and minimizes breakage, and immediately contain all releases resulting from inadvertent breakage of CRTs, clean up any broken material and safely package any broken material in containers resistant to puncture by glass pieces;b. The owner and operator of the CRT Operation store and maintain CRTs segregated from any solid waste (in other words, do not put CRTs in a dumpster);c. When shipping a Non-commodity CRT to foreign countries, the owner and operator of a CRT Operation meet the requirements at 310 CMR 30.1039: Exports;d. The owner and operator of a CRT Operation transfer Non-commodity CRTs only to another CRT Operation, a CRT recycling facility, or a permitted hazardous waste treatment, storage and disposal facility (a CRT recycling facility includes out-of-state smelters and facilities that conduct glass-to-glass recycling.);e. The owner and operator of a CRT Operation label Non-commodity CRTs as follows: "Non-commodity Cathode Ray Tubes" or "Non-commodity CRTs";f. The owner and operator of a CRT Operation hold a CRT for no longer than one year from its date of receipt. A CRT stored for more than one year is presumed to be a Non-commodity CRT. Such presumption may be rebutted if the owner or operator has documentation demonstrating that the CRT is intended to be returned to service as an operable CRT. The owner and operator of a CRT Operation may store CRTs for longer than one year from the date of receipt solely for the purpose of accumulating such quantity of CRTs as is necessary to facilitate proper shipment (e.g. economically viable load), recovery, treatment or disposal. The owner and operator of a CRT Operation bear the burden of demonstrating the need for any such additional period of accumulation;g. If the owner or operator of a CRT Operation accumulates more than 40 tons of Non-commodity CRTs on-site for more than 21 calendar days, then the owner or operator of the CRT Operation shall:i. Notify the Department in writing of the activity within ten days of the first occurrence. Once the threshold is exceeded during a calendar year, a CRT Operation shall retain its regulated status under this provision for the remainder of the calendar year. The owner or operator of a CRT Operation that has not already notified the Department of its CRT activities and anticipates accumulating 40 tons or more of Non-commodity CRTs shall send written notification to the Department, before meeting or exceeding the 40 ton/21 day limit;ii. Maintain records of incoming and outgoing CRTs, including from where each shipment was received and where each shipment was sent;iii. Maintain a system that demonstrates the duration of CRT accumulation; andiv. Maintain records for three years. This period shall extend automatically for the duration of any enforcement action;h. The owner and operator of a CRT Operation allow DEP to enter the facility to conduct inspections;i. An owner or operator of a CRT Operation that violates any of the conditions in 310 CMR 16.03(2)(b)8.g.i. through iv. may be subject to enforcement pursuant to 310 CMR 16.05; andj. The owner or operator of a CRT Operation maintains accurate records and annually submits by February 15th to the Department a report on a form provided by the Department that includes, at a minimum, the amounts and types of materials recycled and the amount of residuals sent for disposal.(c)Handling or Disposal of Organic Materials. 1.Activities Located at an Agricultural Unit. Activities located at an agricultural unit as defined in 330 CMR 25.02: Definitions, provided that the owner and operator comply with the regulations and guidelines of the Department of Agricultural Resources. If the Department of Agricultural Resources determines that the activity at a specific agricultural unit is no longer regulated by the Department of Agricultural Resources, then the owner and operator shall be subject to 310 CMR 16.00.2.Small Composting Operations Not at a Residence. Composting (other than at a residence) provided that: a. less than 20 cubic yards or less than ten tons per week of vegetative materials, food materials or animal manures that are generated on-site and then combined with the addition of bulking materials (from on- or off-site) to achieve effective composting; andb. at least 30 days prior to commencement of operation, the owner or operator notifies the Department and the board of health in writing using a form provided by the Department.3.Municipal Food Material Collection Center. A municipally owned collection center for residents to drop off food materials, provided that: a. the center accepts only food materials from residents of the municipality;b. the food material is stored in a container which is kept sealed when food material is not being added;c. no more than one ton of food material is collected per day and no more than three tons are on-site at any time;d. the food material is stored at the center and removed from the center in a manner that does not create public nuisance conditions, such as, but not limited to, odors or vectors. In no case shall food material be on-site for more than seven days after receipt; ande. at least 30 days prior to commencement of operations, the owner or operator notifies the Department and the board of health, in writing, using a form provided by the Department.4.Land Application of Manure. The land application or composting of manures in normal farming activities.5.Residential Composting. At a residence, composting of organic materials generated at the residence.6.Residential Disposal of Stumps, Trees and Brush. Disposal of stumps, trees and brush at a single family home or farm where the stumps, trees and brush are generated and disposed within the boundaries of such home or farm by the occupant or resident of that home or farm.7.Handling of Clean Wood. The handling and use of clean wood as defined in 310 CMR 16.02.8.Leaf and Yard Waste Transfer Operation. A leaf and yard waste transfer operation provided that all materials are transferred off-site within seven days of receipt.Amended by Mass Register Issue 1404, eff. 11/15/2019.