Current through Register 1538, January 3, 2025
Section 30.392 - Events for the Accumulation of Household Hazardous Waste and/or Hazardous Waste Generated by Very Small Quantity Generators(1)Applicability and Compliance. A sponsor may conduct an event provided that the event is in compliance with the requirements set forth in 310 CMR 30.392.(2)Duration of an Event. The event's duration shall not exceed 48 hours. Hazardous waste may be accumulated for the duration of the event, and for a period not to exceed 24 hours after the closing of the event for the purposes of classifying, consolidating and packing collected hazardous waste in preparation for shipment.(3)Site Requirements. The site of the event shall meet all the following requirements:(a) The site shall have a work area that is:1. located at least 50' from all containers and tanks containing ignitable materials not accepted at the event;2. sufficiently impervious to leaks and spills so that any spilled material can be readily collected and removed; and3. ventilated to ensure the adequate control of hazardous vapors, if the work area is indoors.(b) The site shall have sufficient space available to allow for: 1. the accumulation and packaging of hazardous waste;2. the entrance and egress of persons bringing hazardous waste to the event and of persons working for the event; and3. the entrance and preparation requirements of emergency response vehicles.(c) At all times while the event is in progress, and until all hazardous wastes accepted at the event have been removed from the site of the event, the following requirements shall apply: 1. Access to the event shall be restricted to those persons participating in the event.2. All drains at the site of the event shall be covered or otherwise protected from releases and threats of release of hazardous waste;3. Smoking shall be prohibited at the site of the event and "No Smoking" signs shall be posted at the site at locations where such signs shall be easily readable;4. Signs that clearly indicate the intended flow of traffic at the site shall be prominently posted at the site of the event;5. Emergency, cleanup and protective equipment, including, but not limited to, a respirator, first aid kit, eyewash fluid, broom, dustpan, shovel, and absorbent, and the emergency response plan required pursuant to 310 CMR 30.392(5) shall be located at the site in a place readily accessible in an emergency; and6. All areas where hazardous wastes are accumulated shall be operated with appropriate security measures at all times as described in 310 CMR 30.341(3);(d) The use of an underground tank for the accumulation of any hazardous waste accepted at the event is prohibited.(4)Use of Licensed Transporter. The sponsor shall retain the services of a transporter licensed by the Department for the transport of the hazardous waste(s) accepted at the event.(5)Emergency Response Plan. The sponsor shall adopt and, if necessary, implement an emergency response plan which shall include at least the following: (a) the arrangements specified in 310 CMR 30.351(9)(j) and (k);(b) a map of the layout of the site which shall be distributed at least two business days before commencement of the event to the transporter retained for the event pursuant to 310 CMR 30.392(4) and to the organizations referred to in 310 CMR 30.351(9)(j);(c) provisions for the entrance and exit of emergency vehicles at all times during the event, and for halting and/or redirecting traffic and for clearing the site in an emergency;(d) provisions for cleanup and protective equipment required pursuant to 310 CMR 30.392(3)(c)5.;(e) provisions for traffic control at the site of the event;(f) provisions for compliance with 310 CMR 30.351(9)(c)2. and 310 CMR 30.351(9)(i).(6)Event Operational Requirements.(a) Except as otherwise provided in 310 CMR 30.392(6)(b), the sponsor or his designee shall:1. comply with the requirements set forth in 310 CMR 30.061, 30.301 through 30.305, 30.310 through 30.314, 30.320 through 30.324, 30.331, 30.333, 30.334. 30.353(9), 30.360, 30.683 and 30.684;2. notify in writing the appropriate DEP regional office of the date and location of the event at least one month in advance of the event, and for events with a sponsor that is a private entity, also notify the Board of Health and the Fire Department of the municipality in which the event is to take place;3. refuse to accept any waste if there is reason to believe that the hazardous waste is not household hazardous waste or hazardous waste generated by a Very Small Quantity Generator, or waste that is unidentifiable, explosive or reactive, cannot be lawfully disposed of, or is specified as unacceptable in the contract between the sponsor and the transporter;4. be available at all times during the event to respond to an emergency;5. be familiar with the layout of the site and all emergency response plans; and6. verify that the transporter has completed the packaging and labeling of the accumulated hazardous waste prior to the departure of the transporter from the site.(b) For events where the sponsor is a public entity (i.e., a municipality), the sponsor shall retain the services of a hazardous waste transporter licensed by the Department who shall: 1. comply with 310 CMR 30.392(6)(a)(1), and (3) through (5); for the purposes of complying with 310 CMR 30.061(1), either the transporter or the sponsor shall provide the EPA identification number for the event.2. provide a trained field chemist who shall remain at the site of the event for the duration of the event;3. properly, lawfully, and promptly handle and remove the hazardous waste accepted at the event;4. provide the sponsor with information on the total quantities of each type of hazardous waste manifested, and a summary of the ultimate waste disposal method or facility used for each type of hazardous waste collected;(c) For the purpose of complying with 310 CMR 30.310 through 30.314, and the manifest requirements cited in 310 CMR 30.392(6)(a): 1. if the sponsor is a public entity, either the sponsor or the transporter shall sign the manifest as the generator of the hazardous waste accepted at the event;2. if the sponsor is a private entity, either the sponsor or the transporter shall sign the manifest as the generator of the hazardous waste accepted at the event.(7)Determining Hazardous Waste Status for Generators that are Sponsors. A generator of hazardous waste who is also a sponsor of an event is not required to count hazardous waste received during those collection activities toward its hazardous waste generator status, provided the collected hazardous waste is managed independently (i.e., packaged, accumulated, stored and disposed separately) from the generator's own hazardous waste. However, if the generator chooses to combine its own hazardous waste with hazardous waste collected at the event(s), then the hazardous waste collected at the event(s) shall be counted toward the generator's status.(8) For events that accept any of the wastes listed at 310 CMR 30.143(2), sponsors may manage such wastes as universal wastes under 310 CMR 30.1000 or as household hazardous wastes under 310 CMR 30.390. If wastes are managed as universal wastes, the accumulation limits of 310 CMR 30.392(2) will continue to apply in lieu of the time limits of 310 CMR 30.1000.Amended by Mass Register Issue 1406, eff. 11/15/2019.Amended by Mass Register Issue 1522, eff. 5/24/2024.