Section 30.264 - Class B(3) Permits to Market Specification Used Oil FuelIn addition to conditions imposed pursuant to 310 CMR 30.202(2), the general conditions set forth in 310 CMR 30.205 and 310 CMR 30.206, and the standards set forth or referred to in 310 CMR 30.253, 30.254, and 30.255, the following conditions shall apply to each Class B(3) permit to market specification used oil fuel, regardless of whether or not such conditions are written into the permit. Permittees shall comply with such conditions whether or not they are written into the permit. Failure to comply shall be grounds for an enforcement action, including, without limitation, permit suspension or revocation.
(1) The permittee shall not receive, and shall not contract to receive, any off-specification used oil fuel, any waste oil, or any hazardous waste fuel.(2) If the permittee receives or otherwise comes to possess any off-specification used oil fuel, any waste oil, or any hazardous waste fuel, the permittee shall immediately so notify the Department and shall manage such material as hazardous waste in compliance with all applicable provisions of 310 CMR 30.000.(3) The permittee shall not sell or otherwise transfer, and shall not contract to sell or otherwise transfer, any specification used oil fuel to any person other than a person authorized to market used oil fuel, or to other persons who intend to burn such fuel for energy recovery in a fossil fuel utilization facility, and who has all required legal authority to burn such fuel in said fossil fuel utilization facility. If the fossil fuel utilization facility is located in Massachusetts, the approval of the Department is required pursuant to 310 CMR 7.00.(4) If the permittee is required to use laboratory analysis to determine that used oil fuel is specification used oil fuel, the permittee shall determine that the used oil fuel is specification used oil fuel by causing samples of such fuel to be analyzed only by laboratories certified by the Department or by laboratories meeting standards of quality control and quality assurance acceptable to the Department.