310 Mass. Reg. 19.207

Current through Register 1524, June 21, 2024
Section 19.207 - Handling Facility Operation and Maintenance Requirements
(1)General. Operators shall incorporate procedures and practices, in accordance with approved plans and permit conditions, which will prevent pollution of ground water, surface water and air quality and prevent dust, odors, noise and other nuisance conditions from developing.
(2)Supervision of Operation.
(a) The operator of the handling facility shall be under the overall supervision and direction of an engineer or other person qualified and experienced in matters of solid waste handling and disposal.
(b) The operator of the handling facility shall be knowledgeable of the requirements of 310 CMR 16.00 and 310 CMR 19.000, and of the general operating procedures and plans as prescribed by the design engineer.
(c) The operator shall be required to demonstrate familiarity and capability to operate equipment at the handling facility.
(3)Access to Facilities.
(a) The operator shall provide and maintain in good repair access roads at the facility. Such access roads shall be paved to minimize dust and designed and constructed so that traffic will flow smoothly and will not be interrupted by inclement weather.
(b) The operator shall limit access to the facility to such periods of time as an attendant is on duty and to those persons authorized to use the facility for the disposal of refuse.
(4)Security.
(a) The operator shall provide sufficient fences or other barriers to prevent access to the facility except at designated points of entry or exit.
(b) A gate shall be provided at all access points and shall be locked at all times when the operator or his agent is not on site or during hours when the facility is not operating.
(5)Posting of the Handling Facility. The operator of a handling facility shall post signs at all access points to the facility which, at minimum, include the following information:
(a) the name(s) of the owner and operator of the facility;
(b) a 24 hour emergency telephone number for the facility;
(c) the hours of operation;
(d) a list of solid wastes banned or restricted pursuant to 310 CMR 19.017;
(e) other limitations and conditions of access to the facility; and
(f) where established by the municipality, penalties for unauthorized use.
(6)Unloading Refuse. The operator shall provide for continuous supervised unloading of refuse from incoming vehicles and shall post appropriate signs or other means to indicate clearly where incoming vehicles are to unload the refuse by direction of the attendant or equipment operator on duty.
(7)Special Wastes. No solid waste that has been classified as a special waste pursuant to 310 CMR 19.061(2): Special Waste, shall be received or handled at any handling facility unless the provisions of 310 CMR 19.061 are satisfied and the special waste is handled in accordance with any conditions specified by the Department in granting approval to handle the special waste and in accordance with the handling provisions of 310 CMR 19.061.
(8)Banned or Restricted Solid Wastes. Solid wastes which have been banned or restricted from transfer or disposal pursuant to 310 CMR 19.017: Waste Bans, shall be managed at a handling facility in accordance with the approved facility plan prepared and approved in accordance with 310 CMR 19.017(5) unless an exception has been granted under 310 CMR 19.017(6).
(9)Hazardous Waste.
(a) No operator shall handle any material subject to the Hazardous Waste Regulations, 310 CMR 30.000, at a solid waste handling facility permitted pursuant to M.G.L. c. 111, § 150A, except that waste oil and household hazardous waste may be collected at a facility pursuant to 310 CMR 19.207(10).
(b) The operator shall implement a program, approved by the Department, for detection and exclusion of hazardous wastes.
(c) The operator shall, within 24 hours, notify the Department and the board of health of the discovery of any material subject to 310 CMR 30.000: Hazardous Waste.
(10)Household Hazardous Waste and Waste Oil Collections at Handling Facilities. If household hazardous waste and waste oil are collected at handling facilities, the household hazardous waste and/or waste oil shall be collected with prior notice to DEP and in compliance with either:
(a)310 CMR 30.392: Events for the Accumulation of Household Hazardous Waste and/or Hazardous Waste Generated by Very Small Quantity Generators , or
(b)310 CMR 30.393: Centers for the Accumulation of Hazardous Waste Generated by Households and/or Very Small Quantity Generators.
(11)Bulky Waste.
(a) An operator may accept bulky wastes where:
1. the handling of such wastes is consistent with the facility's site assignment and/or permit; and
2. the handling of such wastes can be carried out in a manner which is manageable and compatible with the facility's operation and maintenance plan and environmental control systems.
(b) The Department may disallow or place conditions on the handling of bulky waste at a handling facility in order to protect the engineering or operational integrity of the facility.
(c) The board of health may, by regulation, specify the maximum size of large, heavy, or bulky items to be managed at the handling facility and may prohibit altogether the handling of certain items.
(d) If brush is accepted at the handling facility, provisions should be made for the brush to be received in bundles no larger in size than can be handled in an acceptable and sanitary manner by the specific equipment. Brush should not be allowed to accumulate beyond 48 hours after deposition at the handling facility.
(12)Liquid Wastes.
(a) No liquid wastes shall be managed at a handling facility. With the exception of septage, contained liquid wastes generated by and produced in the normal operation of a household shall not be considered to be liquid wastes unless expressly excluded through 310 CMR 19.017: Waste Bans.
(b) For the purpose of 310 CMR 19.130 liquid wastes means any material that drains freely or contains free draining liquids, as determined by using the Paint Filter Liquids Test, Method 9095 as described in USEPA Publication SW-846.
(13)Bird Hazards. The operator of facilities located in proximity to airports shall operate and maintain the facility in such manner as to minimize, to the extent practicable, the potential for the facility to pose a bird hazard to aircraft.
(14)Dust Control. The operator shall undertake suitable measures to control dust wherever and whenever necessary at the site, the access road, and any other areas related to or under control of the waste handling facility operator to prevent nuisance conditions. Water shall not be used for dust control in amounts that produce excessive infiltration, ponding, runoff or erosion.
(15)Vector Control .
(a) The operator shall cause routine waste handling facility operations to be carried out promptly in a systematic manner and shall take preventative measures to maintain conditions unfavorable for the attraction or production of insects, birds, rodents and other vectors.
(b) The Department may require a routine program for the control and elimination of insects and rodents and other vectors at the or handling facility site. The operator shall cause supplemental control measures, including but not limited to the use of effective insecticides and rodenticides, to be implemented when necessary.
(c) The application of pesticides shall be made only by a pesticide operator licensed by the Massachusetts Pesticide Board.
(16)Control of Wind-blown Litter.
(a) The operator shall take measures to prevent the scattering of refuse and wind-blown litter, including incorporating litter fencing, natural barriers or other devices to prevent the scattering of solid waste beyond the facility.
(b) The operator shall provide for routine maintenance and general cleanliness of the entire handling facility area. Such provisions are to be detailed on the engineering plans or written operating procedures.
(17)Staffing.
(a) The operator shall provide an adequate number of trained staff to ensure that the facility is operated and maintained as designed and in accordance with good solid waste management practices.
(b) During hours of operation the operator shall be continuously present at the handling facility.
(18)Employee Facilities.
(a) The operator shall provide proper shelter and facilities for employees working at the facility. The shelter and facilities shall contain:
1. sufficient light and heat;
2. a safe drinking water supply;
3. sanitary handwashing and toilet facilities;
4. an operational telephone or two-way radio system; and
5. other equipment or appurtenances necessary for full compliance with federal and state worker health and safety requirements.
(19)Accident Prevention and Safety.
(a) All employees shall be instructed in the principles of first-aid and safety and in the specific operational procedure necessary to prevent accidents.
(b) The operator shall provide and maintain adequate first-aid supplies at the site at all times.
(c) The operator shall provide for two-way radios or telephones and ensure that the numbers for emergency medical care and ambulances are posted at the site.
(20)Fire Protection . The operator shall take suitable measures for the prevention and control of fires at the facility by complying with at least the following:
(a) Make available at the facility an adequate supply of water under pressure with sufficient fire hose, unless a fully-manned fire station is located within two miles;
(b) A separate area shall be provided, located away from combustible materials, refuse and buildings, for quick dumping and quenching or snuffing of hot loads;
(c) Arrange for a nearby fire department to provide emergency service whenever called; and (d) Mount detachable fire extinguishers, maintained in working order, on all equipment and in all buildings.
(e) The operator shall ensure that no materials are stored, held, maintained or placed at a handling facility in such a manner as to pose a fire hazard.
(f) The operator shall be responsible for seeking fire-fighting assistance, initiating and providing assistance and/or resources for fire-fighting actions until all smoldering, smoking and burning cease.
(21)Recycling Operations.
(a) The operator may make provisions for the recycling of materials provided that a definite plan of procedure is implemented and followed to enable said operation to be carried out in an organized, sanitary, orderly and dependable manner with minimal interference to the routine handling facility operations.
(b) Any container, or specially designed enclosed area, used for the storage of recyclable materials (such as glass, cans, paper, etc.) shall be clearly identified and maintained in a clean and sanitary condition and the surrounding areas shall be kept in a similar condition.
(c) All accumulated recyclable materials shall be removed from the facility at least every 60 days and/or at such other times as may be specified by the Department.
(d) Recyclable materials of a nature or in quantities that cause odor or pose a threat to the public health or are detrimental to the environment or the surrounding area shall not be accumulated.
(22)Records for Operational and Plan Execution.
(a) The operator shall maintain a daily log to record operational information, including but not limited to the type and quantity of solid waste received and the status of all environmental control or monitoring systems.
(b) The operator of existing or new handling facilities receiving 100 tons or more per day shall weigh all incoming solid waste.
(c) Operators of handling facilities that receive less than 100 tons per day shall, on a daily basis, estimate the total weight and volume of waste delivered based upon the capacity of the vehicles which delivered solid waste to the facility.
(d) The operator shall submit to the Department, no later than February 15th of each calendar year, an annual report summarizing the facility's operations for the previous calendar year or portion of a calendar year that waste is handled at the facility. Where the Department provides a form for annual reporting, the report shall be made on, and shall contain, all information as requested by that form. Otherwise, the report shall describe and summarize:
1. the amount of solid waste handled during that year with the quantity reported in tons;
2. all environmental monitoring and sampling data trends from ground water, surface water and gas monitoring systems from the monitoring required by the facility permit; and
3. a demonstration of how the handling facility's operations during the year complied with the provisions of the recycling and composting plan contained as part of the facility's solid waste management permit.
(23)Screening and/or Fencing. The Department may require that the handling facility be suitably screened by fencing, or other approved methods, to shield the area from adjoining properties.
(24)Open Burning. No open burning of any refuse, including brush, wood or diseased trees shall be permitted at the handling facility site at any time of the year except as may be expressly permitted by the Department pursuant to 310 CMR 7.07: U Open Burning.
(25)Inspections. The facility shall be inspected by a third party inspector in accordance with 310 CMR 19.018, and such third-party inspection shall be conducted in accordance with the frequency and other requirements of 310 CMR 19.018, unless more frequent inspections or more stringent requirements are contained in the terms of any approval, order or other document issued by the Department pursuant to 310 CMR 19.000.
(26)End-of-life Mercury-added Products. Mercury-added products that are hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste shall be handled in accordance with 310 CMR 30.000: Hazardous Waste. Mercury-added products that are not hazardous waste shall be handled in accordance with 310 CMR 76.05(2).

310 CMR 19.207