310 Mass. Reg. 16.21

Current through Register 1523, June 7, 2024
Section 16.21 - Alternative Use of Assigned Site
(1)Site Assignment. Where a site has been assigned as a dumping ground or a refuse disposal incinerator pursuant to St. 1955, c. 310, § 2, a different solid waste activity shall not be conducted at the site except in accordance with a new or modified site assignment established in accordance with 310 CMR 16.00, except as specified at 310 CMR 16.21(3)(a).
(2)General Use Site Assignment. Where a site assignment does not contain a condition limiting its use to a particular method of solid waste management, a new or modified site assignment is not required to obtain a permit for any solid waste management activity at the site.
(3)Specific Use Site Assignment. Where a site is assigned for a specific solid waste purpose, a different solid waste activity or any activity regulated pursuant to 310 CMR 16.03, 16.04 or 16.05 shall not be conducted at the site except in accordance with a new or modified site assignment, except as allowed at 310 CMR 16.21(3)(a), (b) or (c):
(a)Recycling, Composting or Conversion. Recycling, composting or conversion may be conducted in accordance with 310 CMR 16.03, 16.04 or 16.05, as applicable, at any assigned disposal or handling facility without requiring a new or modified site assignment; provided however, if the recycling, composting or conversion operation cannot be conducted at such assigned facility consistent with its site assignment, then the site assignment shall be modified before the owner or operator commences operation of the recycling, composting or conversion operation.
(b)Handling Facility at a Closed or Inactive Landfill or Combustion Facility Site. A site which has been assigned for use as a landfill or combustion facility, which has been closed or is in the process of imminently closing, shall not require a new or modified site assignment to obtain an approval for the storage, transfer or processing of solid waste when:
1. the facility does not receive solid waste in excess of the tonnage limits stated in the site assignment for landfilling, or combustion or processing;
2. the site assignment does not contain a condition which directly or indirectly prohibits the handling activity or establishes a date for the termination of all solid waste activities at the site which is shorter than the anticipated useful life of the handling facility; and
3. the site meets the suitability criteria at 310 CMR 16.40(3)(d), unless a waiver of one or more criteria has been granted pursuant to 310 16.40(6).
(c)Other Solid Waste Activity listed at 310 CMR 16.03(2)(a). Solid Waste Activities listed at 310 CMR 16.03(2)(a) may be conducted at any assigned disposal or handling facility without requiring a new or modified site assignment.

310 CMR 16.21