Section 30.901 - Applicability and Compliance(1) The requirements of 310 CMR 30.900 shall apply to owners or operators of all hazardous waste facilities, except as provided otherwise in 310 CMR 30.901, or in 310 CMR 30.580 and 30.590, except as provided otherwise in 310 CMR 30.901. All documents submitted to the Department for the purpose of demonstrating compliance with 310 CMR 30.900 shall be public records, and no such document shall be deemed to be, or treated as, confidential pursuant to 310 CMR 3.00. (a) The requirements of 310 CMR 30.905 and 30.906 apply only to owners or operators of facilities subject to 310 CMR 30.590 through 30.595.(b) The requirements of 310 CMR 30.908(2) apply only to owners or operators of miscellaneous units, hazardous waste landfills, surface impoundments, hazardous waste incinerators, land treatment facilities, waste piles, underground tanks, and above-ground tanks for which secondary containment has not been demonstrated. A waiver from 310 CMR 30.908(2) may be granted, at the discretion of the Department, for miscellaneous units at which there has been no disposal of hazardous waste and underground storage tanks that may be visually inspected.(c) The State and Federal governments are exempt from the requirements of 310 CMR 30.900.(2) No owner or operator of a new hazardous waste facility shall accept hazardous waste for treatment, storage or disposal until at least 60 days after:(a) such owner, operator, or person has submitted to the Department a closure cost estimate pursuant to 310 CMR 30.903; and(b) such owner, operator, or person has submitted to the Department evidence of financial responsibility meeting the requirements of 310 CMR 30.908; and(c) such owner, operator, or person has submitted to the Department evidence of:1. a financial assurance mechanism meeting the requirements of 310 CMR 30.904, and2. payment, if applicable, into the financial assurance mechanism described in 310 CMR 30.901(2)(c)1.; and(d) the Department has: 1. approved the closure cost estimate submitted pursuant to 310 CMR 30.901(2)(a) and 30.903; and2. approved the financial mechanism submitted pursuant to 310 CMR 30.901(2)(c)1.; and3. received evidence that, pursuant to 310 CMR 30.901(2)(c)2, the first required payment has been paid into or for the financial assurance mechanism. The date on which such first required payment was made shall be considered the "anniversary date" as that term is used in 310 CMR 30.904.(3) No owner or operator of a new hazardous waste facility described in 310 CMR 30.901(1)(a) shall accept hazardous waste at such facility until at least 60 days after: (a) such owner or operator has submitted to the Department a post-closure cost estimate pursuant to 310 CMR 30.905; and(b) such owner or operator has submitted to the Department evidence of:1. a financial assurance mechanism meeting the requirements of 310 CMR 30.906, and2. payment, if applicable, into the financial mechanism described in 310 CMR 30.901(3)(b)1.; and(c) the Department has: 1. approved the post-closure cost estimate submitted pursuant to 310 CMR 30.901(3)(a) and 30.905; and2. approved the financial mechanism submitted pursuant to 310 CMR 30.901(3)(b)1.; and3. received evidence that, pursuant to 310 CMR 30.901(3)(b)2., the first required payment has been paid into or for the financial assurance mechanism. The date on which such first required payment was made shall be considered the "anniversary date" as that term is used in 310 CMR 30.906.(4) The owner or operator of each facility in existence on October 15, 1983 shall, no later than February 13, 1984: (a) Submit to the Department a current closure cost estimate pursuant to 310 CMR 30.903, and, if the facility is described in 310 CMR 30.901(1)(a), a current post-closure cost estimate pursuant to 310 CMR 30.905; and(b) Provide to the Department evidence of a financial mechanism meeting all applicable requirements of 310 CMR 30.904, 30.906, and 30.908 as in effect on October 15, 1983; and(c) Provide to the Department evidence that the first required payment, if applicable, has been paid into or for the financial mechanism(s) required pursuant to 310 CMR 30.904, and 30.906 if applicable. 1. The date on which the first required payment was paid into or for a financial mechanism meeting the requirements of 310 CMR 30.904 shall be considered the "anniversary date" as that term is used in 310 CMR 30.904.2. The date on which the first required payment was paid into or for a financial mechanism meeting the requirements of 310 CMR 30.906 shall be considered the "anniversary date" as that term is used in 310 CMR 30.906.(5) An owner or operator who fulfills the requirements of 310 CMR 30.900 by establishing a trust fund or by obtaining a surety bond, letter of credit, or insurance policy shall be deemed to be in noncompliance with 310 CMR 30.900 if: (a) the amount of financial assurance provided is at any time less than the amount required; or(b) the trust fund, surety bond, letter of credit, or insurance policy ceases to provide the required financial assurance; or(c) the trustee or issuing institution is named as a debtor in a voluntary or involuntary proceeding pursuant to Title 11 (Bankruptcy) of the United States Code; or(d) there is a suspension or revocation of the trustee's authority to act as trustee or of the issuing institution's authority to issue or keep in effect the surety bond, letter of credit, or insurance policy; or(e) the owner or operator does not have in effect a contract with a Claims Administrator in compliance with 310 CMR 30.908 and 30.910 whenever such a contract is required pursuant to 310 CMR 30.908 and 30.910.(6) Owners and operators of facilities shall comply with 310 CMR 30.908 as follows. (a) The owner or operator of each facility in existence on December 31, 1985 shall, by no later than January 31, 1986, provide to the Department evidence of a financial mechanism meeting all requirements of 310 CMR 30.908, as in effect on December 31, 1985.(b) The owner or operator of each facility in existence on April 1, 1986 shall, by no later than April 30, 1986, provide to the Department evidence of a financial mechanism meeting all requirements of 310 CMR 30.908, as in effect on April 1, 1986. After April 30, 1986, no facility shall commence or continue operating unless the owner or operator has provided to the Department evidence of a financial mechanism meeting all requirements of 310 CMR 30.908, as in effect on April 30, 1986, and said financial mechanism is in effect.(c) From July 1 through December 31, 1987, the owner or operator of each facility in existence on July 1, 1987, shall have, and maintain in effect, evidence of a financial mechanism meeting all requirements of 310 CMR 30.908, as in effect on June 30, 1987. After December 31, 1987, no facility in existence on October 1, 1987 shall commence or continue operating unless the owner or operator has provided to the Department evidence of a financial mechanism meeting all requirements of 310 CMR 30.908, as in effect on December 31, 1987, and said financial mechanism is in effect. After July 1, 1987, no facility not in existence on July 1, 1987 shall commence or continue operating unless the owner or operator has provided to the Department evidence of a financial mechanism meeting all requirements of 310 CMR 30.908, as in effect on July 1, 1987, and said financial mechanism is in effect. After October 1, 1987, no facility not in existence on October 1, 1987 shall commence or continue operating unless the owner or operator has provided to the Department evidence of a financial mechanism meeting all requirements of 310 CMR 30.908, as in effect on December 31, 1987, and said financial mechanism is in effect. If an owner or operator is required by 310 CMR 30.908 to obtain and maintain in effect a contract with a Claims Administrator, the requirements and deadlines set forth in 310 CMR 30.901(6)(c) shall apply to said contract.(7) Any attempt by any person to obtain money from a trust fund, surety bond, letter of credit, insurance policy, or any other financial responsibility instrument or mechanism established in whole or in part for the purpose of complying with 310 CMR 30.000 by submitting a claim, or assisting in the submission of a claim, that is fraudulent, inflated, or otherwise unlawful or unjustified shall be a violation of 310 CMR 30.000 and, in addition, shall be subject to all laws governing fraud.