310 CMR, § 30.276

Current through Register 1536, December 6, 2024
Section 30.276 - Recycling and Transfer Station Standards
(1) The provisions of 310 CMR 30.276 and 30.277 shall apply to any person who intends to or does:
(a) recycle Class B(4) regulated recyclable material, including but not limited to any generator who intends to or does recycle Class B(4) regulated recyclable material at the site of generation, or
(b) receive and store Class B(4) regulated recyclable material not generated at the site of storage.
(2) Any person who intends to or does engage in any activity described in 310 CMR 30.276(1) shall at all times manage Class B(4) regulated recyclable material.
(a) as hazardous waste in full compliance with 310 CMR 30.500, 30.600, 30.700, 30.800, and 30.900, and all other applicable provisions of 310 CMR 30.000, or
(b) in full compliance with a Class B(4) recycling permit issued by the Department.
(3) If a person described in 310 CMR 30.276(1) has a Class B(4) permit issued pursuant to 310 CMR 30.277, and does not have a license issued pursuant to 310 CMR 30.500, 30.600, 30.700, and 30.800, that person shall:
(a) comply with the requirements set forth in 310 CMR 30.512(1), and
(b) have the capability of quickly obtaining the results of a timely analysis of incoming materials to assess their hazardous characteristics and the quantity of recoverable precious metals they contain, and
(c) comply with the requirements set forth in 310 CMR 30.514(1) and
(d) comply with the requirements set forth in 310 CMR 30.515(1)(a) and (b), and
(e) have and properly carry out a program of instruction or on-the-job training for employees who deal with hazardous regulated recyclable materials and wastes that teaches those employees to perform their duties in a way that ensures compliance with 310 CMR 30.000 and the conditions of the permit, and in a way that does not constitute or result in a significant potential or actual hazard to public health, safety, or welfare, or the environment, and
(f) have, and properly carry out if and when necessary, a plan for emergencies and contingencies that prevents and minimizes hazards to public health, safety, and welfare, and the environment, from fires explosions, spills, or any other unplanned sudden or non-sudden release of hazardous constituents into air, soil, or surface or ground water, and
(g) comply with the requirements set forth in 310 CMR 30.530 through 30.534, and
(h) comply with the requirements set forth in 310 CMR 30.560.
(4) If the person recycling or receiving the Class B(4) regulated recyclable material receives from off the site of generation, or otherwise comes to possess, any Class A, Class B(1), Class B(2), Class B(3), Class B(5), or Class C regulated recyclable material, or any other material that is regulated pursuant to 310 CMR 30.000, which that person is not authorized to receive or otherwise possess, that person 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.

310 CMR, § 30.276