Section 30.305 - Destination of Hazardous Waste or Regulated Recyclable Material Sent Off-siteA generator sending hazardous waste or regulated recyclable material off the site of generation shall send such waste or material only to the following facilities or persons:
(1) Except as specifically provided otherwise in 310 CMR 30.305(1)(d) or 30.353, hazardous waste shall be sent only to a facility having a valid EPA Identification Number for the treatment, storage, or disposal of those wastes. (a) If in Massachusetts, the facility shall have at that time:1. interim status or a valid license issued by the Department pursuant to M.G.L. c. 21C to receive such hazardous waste; or2. interim status from EPA issued pursuant to 310 CMR 30.099, if required pursuant to § 3006(g) of RCRA; or3. a valid permit from EPA, if required pursuant to § 3006(g) of RCRA, issued in compliance with 310 CMR 30.800; and4. complied with 310 CMR 30.512; or(b) If in a State other than Massachusetts, the facility shall have at that time:1. interim status from EPA issued pursuant to 40 CFR Parts 270; or2. a valid permit issued by EPA pursuant to 40 CFR Part 270; or3. interim status or a valid permit issued by a State authorized pursuant to 40 CFR Part 271, or(c) If the facility is in a State other than Massachusetts and if the wastes are not hazardous waste in that State, the facility shall at that time have the authority to receive such waste.(d) For facilities that reject waste in accordance with 310 CMR 30.533(6), the hazardous waste shall be sent as a return shipment, with the generator's permission, to the generator site designated on the manifest to receive the waste.(2) Regulated recyclable material shall be sent only to a facility or person authorized to receive that material in compliance with 310 CMR 30.200.(3) A person outside the United States, in accordance with the provisions of 310 CMR 30.361.(4) A facility having at that time a research, development, and/or demonstration permit issued by the EPA pursuant to § 3005(g) of RCRA.(a) If the facility is located in Massachusetts, the facility shall also at that time be approved by the Department pursuant to 310 CMR 30.863, and the hazardous waste delivered to the facility shall be handled in full compliance with the applicable provisions of 310 CMR 30.000 prior to its delivery to the facility.(b) If the facility is located outside of Massachusetts, the facility shall at that time be lawfully in existence pursuant to laws and regulations in effect in the place where the facility is located, and the hazardous waste delivered to the facility shall be handled in full compliance with the applicable provisions of 310 CMR 30.000 prior to its delivery to the facility.(5) Generators of hazardous wastes which contain PCBs in concentrations equal to or greater than 50 parts per million shall send such wastes only to facilities which meet all the requirements in 310 CMR 30.501(3)(a) through (c), or shall, with the approval of the Department, otherwise cause such hazardous wastes to be managed in compliance with the provisions of 40 CFR Part 761 and 310 CMR 30.750.Amended by Mass Register Issue 1522, eff. 5/24/2024.