Section 30.1102 - Case-by-case Waiver Determinations for Specific Hazardous Wastes and Activities(1) For wastes and activities that the Department determines are insignificant as a potential hazard to public health, safety, welfare or the environment or are adequately regulated by another government agency, consistent with regulations promulgated under the Resource Conservation and Recovery Act, the Department may grant a person a waiver from any or all of the requirements of 310 CMR 30.0000 that are more stringent than the minimum federal requirements promulgated under the Resource Conservation and Recovery Act.(2) All generators shall manage hazardous waste in accordance with all applicable provisions of 310 CMR 30.0000, provided however, if the Department issues a written positive waiver determination to a generator, such generator shall comply with all terms and conditions of such determination and all applicable requirements of 310 CMR 30.0000 not expressly waived in such determination.(3) Any person seeking a waiver of any requirement in 310 CMR 30.0000, not expressly waived by other provisions in 310 CMR 30.0000, shall submit a request for waiver on a form acceptable to the Department and shall include: (a) The applicant's name, address, and EPA Identification Number or Massachusetts Identification Number;(b) The name and telephone number of an individual responsible for supervising the waste and/or management activities addressed in the application;(c) A detailed description of the waste and activity, and the basis for the person's assertion that it is insignificant as a potential hazard to public health, safety, welfare, or the environment, or that it is adequately regulated by another governmental agency consistent with regulations promulgated under the Resource Conservation and Recovery Act;(d) A description of the proposed method of management, including a description of required equipment;(e) A statement of each requirement for which a waiver is sought;(f) A statement of the need and justification for a waiver of hazardous waste requirements, including any supporting tests, studies, or other information; including, but not limited to, information on the volume, quantity, toxicity, frequency and rate of generation of the waste;(g) A demonstration that the waiver sought is from a requirement or requirements that are more stringent than the minimum federal requirements promulgated under the Resource Conservation and Recovery Act;(h) Such other information as the Department may require to determine that the proposed waste management activity will be in compliance with 310 CMR 30.1100 and either will be insignificant as a potential hazard to public health, safety, welfare or the environment or is adequately regulated by another government agency, and that any waiver will not result in the Department's requirements applicable to the person becoming less stringent than the minimum federal requirements promulgated under the Resource Conservation and Recovery Act;(i) A signature certified pursuant to 310 CMR 30.009; and(j) If applicable, compliance with, and remittance of any fee established pursuant to, any applicable provision of 310 CMR 4.00.(4) The burden shall be on the applicant to persuade the Department that the waste or activity is insignificant as a potential hazard to public health, safety, welfare, or the environment or is adequately regulated by another governmental agency, and that the waiver being sought is from a requirement or requirements that are more stringent than and that the post-waiver requirements would not be less stringent than the minimum federal requirements promulgated under the Resource Conservation and Recovery Act.(5) The Department will notify the applicant of the Department's determination in writing. The Department will consider factors such as the volume, quantity, toxicity, or frequency and rate of generation, and such other criteria, as it deems appropriate for the waste or activity.(6) A determination pursuant to 310 CMR 30.1102 is only applicable to a person that has requested and obtained a positive waiver determination from the Department. No waiver may be assigned or transferred without the written approval of the Department.(7) A determination pursuant to 310 CMR 30.1102 shall apply only to the waste or activity specified in the determination.(8) The Department may grant a waiver, and may allow a waiver to remain in effect, but only to the extent, and only while, the Department is persuaded that such waste or activity is insignificant as a potential hazard to public health, safety, welfare, or the environment or is adequately regulated by another governmental agency and only if the waiver is from a requirement or requirements that are more stringent than the minimum federal requirements promulgated under the Resource Conservation and Recovery Act.Amended by Mass Register Issue 1522, eff. 5/24/2024.