310 CMR, § 30.1010

Current through Register 1531, September 27, 2024
Section 30.1010 - Definitions

Aerosol Can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Ampoule means an airtight vial made of glass, plastic, metal, or any combination of these materials.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. Battery also includes an intact unbroken battery from which the electrolyte has been removed.

Destination Facility means a facility that is authorized to receive and recycle, treat, or dispose of a particular category of universal waste, except those management activities described in 310 CMR 30.1034(1), (3), (4), (5) and (6), as well as 310 CMR 30.1044(1), (3), (4), (5) and (6). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste. If located in Massachusetts, these facilities shall be properly licensed in compliance with 310 CMR 30.800, or be properly permitted in compliance with 310 CMR 30.290.

FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).

Large Quantity Handler of Universal Waste means a universal waste handler who accumulates 5,000 kilograms or more total of universal waste at any time. This designation as a large quantity handler of universal waste is retained until such time as a change of status request is received by the Department in compliance with 310 CMR 30.1043, and through the end of the calendar year in which the change of status request was received.

Mercury-containing Device means any electrical product or component (excluding batteries, lamps and thermostats) which contains elemental mercury that is necessary for its operation and is housed within an outer metal, glass or plastic casing. Mercury-containing devices include, but are not limited to, thermocouples, thermometers, manometers, barometers, sphygmomanometers, electrical switches and relays, as well as certain gas flow regulators and water meters.

Mercury-containing Lamp means any bulb or tube portion of an electric lighting device specifically designed to produce radiant energy including, but not limited to, incandescent, fluorescent, high intensity discharge, high pressure sodium, mercury vapor, metal halide and neon lamps in which mercury is purposely introduced by the manufacturer for the operation of the lamp.

Pesticide means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; provided that Pesticide shall not include any article that is a "new animal drug" within the meaning of section 201(w) of the Federal Food, Drug and Cosmetic Act, or that has been determined by the Secretary of the United States Department of Health, Education and Welfare not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x).

Small Quantity Handler of Universal Waste means a universal waste handler who accumulates less than 5,000 kilograms total of universal waste at any time.

Thermostat means a temperature control device that contains metallic mercury in an ampoule attached to a bimetal sensing element.

Universal Waste means any of the following hazardous wastes, as further described in 310 CMR 30.1020, that are managed under the universal waste requirements of 310 CMR 30.1000:

(a) Batteries;
(b) Pesticides;
(c) Thermostats;
(d) Mercury-containing devices;
(e) Mercury-containing lamps; and
(f) Aerosol Cans.

[Note: Not all batteries, pesticides, lamps and aerosol cans are hazardous wastes, and therefore, they do not all qualify as universal wastes; such wastes may instead be managed as nonhazardous solid wastes.]

Universal Waste Handler.

(a) Means:
1. A generator of universal waste; or
2. The owner or operator of a facility that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
(b) Does not mean:
1. A person who treats (except under the provisions of 310 CMR 30.1034(1), (3), (4), (5) or (6), or 30.1044(1), (3), (4), (5) or (6)), disposes of, or recycles universal waste; or
2. A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

Universal Waste Transfer Facility means any transportation-related facility, including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste batteries are held during the normal course of transportation for ten days or less.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Waste Pesticide Collection Program means a program for the collection of unused pesticide products that has been authorized by the Department of Food and Agriculture that sets forth standards regarding the scope of the materials to be collected as well accumulation, storage, packaging, labeling, training, notification and transport.

[NOTE: The collection of pesticides at a Household Hazardous Waste Collection Center or Event does not constitute a Waste Pesticide Collection Program, unless such collection is operated in compliance with Department of Food and Agriculture collection program requirements, as well as 310 CMR 30.390.]

310 CMR, § 30.1010

Amended by Mass Register Issue 1404, eff. 11/15/2019.
Amended by Mass Register Issue 1522, eff. 5/24/2024.
Amended by Mass Register Issue 1524, eff. 5/24/2024.