Section 30.205 - General Conditions for All Recycling PermitsThe following conditions shall apply to all permits issued pursuant to 310 CMR 30.200, regardless of whether or not such conditions are written into the permit. Failure to comply shall be grounds for an enforcement action including, without limitation, permit suspension or revocation.
(1)Duty to Comply. The permittee shall comply at all times with the terms and conditions of the permit, 310 CMR 30.000, M.G.L. c. 21C, and all other applicable State and Federal statutes and regulations.(2)Duty to Maintain. The permittee shall always properly operate and maintain all facilities, equipment, control systems, and vehicles which the permittee installs or uses.(3)Duty to Halt or Reduce Activity. The permittee shall halt or reduce activity whenever necessary to maintain compliance with 310 CMR 30.200 or the permit conditions, or to prevent an actual or potential threat to public health, safety, or welfare, or the environment.(4)Duty to Mitigate. The permittee shall remedy and shall act to prevent all potential and actual adverse impacts to persons and the environment resulting from noncompliance with the terms and conditions of the permit. The permittee shall repair at his own expense all damages caused by such noncompliance.(5)Duty to Provide Information. The permittee shall provide the Department, within a reasonable time, any information which the Department may request and which is deemed by the Department to be relevant in determining whether a cause exists to modify, revoke, or suspend a permit, or to determine whether the permittee is complying with the terms and conditions of the permit.(6)Entries and Inspections. The permittee shall allow personnel or other authorized agents of the Department or authorized EPA representatives, upon presentation of credentials or other documents as may be required by law, to:(a) Enter at all reasonable times any premises, public or private, for the purposes of investigating, sampling or inspecting any records, condition, equipment, practice, or property relating to activities subject to M.G.L. c. 21C, or RCRA; and(b) Enter at any time such premises for the purpose of protecting the public health, safety or welfare, or the environment; and(c) Have access to and copy at all reasonable times all records that are required to be kept pursuant to the conditions of the permit, and all other records relevant to the permittee's hazardous waste activity or to the permittee's activity involving regulated recyclable material.(7)Records. (a) All records and copies of all applications, reports, and other documents required by 310 CMR 30.200 shall be kept by the permittee for at least three years from the expiration of the permit or, for persons recycling Class A regulated recyclable materials in compliance with applicable performance standards, all records and documents shall be kept for at least three years from the date on which each batch of the material is completely recycled on-site or the date on which each batch of the material is sent offsite for recycling. This three-year period may be extended by order of the Department for the duration of any enforcement action. All record-keeping shall be in compliance with 310 CMR 30.007.(b) All persons who claim that a material is subject to 310 CMR 30.200 shall retain documentation establishing that there is a known market for the recycled material and that the material is or will be recycled.1. A person who recycles materials generated on-site shall retain documentation that the recycling of materials yields a material that is within a specification range acceptable for use as a product.2. A person who sends materials destined for recycling to an off-site facility shall retain records regarding the capability of the off-site facility to conduct recycling, including that the recycling yields a material that is within a specification range acceptable for use as a product and that the materials sent to the facility have in fact been recycled.3. A person who accepts materials for recycling from off-site sources shall retain records regarding its capability to conduct recycling, including that the recycling yields a material that is within a specification range acceptable for use as a product and that the materials have in fact been recycled.(8)Continuing Duty to Inform. The permittee shall have a continuing duty to immediately: (a) correct any incorrect facts in an application; and(b) report or provide any omitted facts which should have been submitted; and(c) in advance, report to the Department each planned change in the permitted facility or activity which might result in noncompliance with 310 CMR 30.200 or with a term or condition of the permit; and(d) report to the Department any cessation of the permitted activity.(9)Preventing and Reporting Releases into the Environment. No materials that are to be recycled shall be intentionally released into the environment or otherwise disposed of within Massachusetts except in full compliance with all applicable provisions of 310 CMR 30.000. All accidental releases of recyclable material shall be immediately reported to the Department and to all other persons to whom such releases must be reported pursuant to State or Federal laws or regulations.(10)Compliance with the Application and the Terms of the Permit. Except where 310 CMR 30.200 or other conditions of the permit provide otherwise, the materials that are to be recycled shall be recycled in the manner described in the application for the permit and in no other manner, and in compliance with all conditions of the permit. There shall be no change in the procedure of recycling without the prior express written approval of the Department for those permittees whose activities require a written permit. For those permittees whose activities do not require a written permit, a written notification to the Department is required.(11)Transportation of Recyclable Material. Unless otherwise specified, all transportation of recyclable material, and preparation of all recyclable material for transportation, shall be in full compliance with all DOT and other Federal regulations, and all State regulations, governing the transportation of hazardous materials.(12)Annual Reporting. All permittees shall prepare and maintain on-site an annual report, on a form prescribed by the Department, covering all recyclable material they handle. Each annual report shall be completed no later than March 1st for the preceding calendar year. The report shall include, at a minimum, the following information:(a) The EPA identification number, or state-only identification number, of the permittee; and(b) The name, address, and EPA identification number, or state-only identification number, of the facility to which recyclable material was sent; and(c) Identification of all recyclable material recycled by the permittee. Such identification shall include the EPA listed name or description, the EPA hazardous waste number, the DOT hazard class, the amount of material recycled; and(d) Identification of all recyclable material shipped to off-site facilities. Such identification shall include the EPA listed name or description, the EPA hazardous waste number, the DOT hazard class, the amount of recyclable material transported, and the facility to which it was transported; and(e) The name and EPA identification number of the transporters used.(13)Dust Suppression and Road Treatment. The use of regulated recyclable material for dust suppression or road treatment is prohibited. The provisions set forth in 310 CMR 30.205(9) shall apply to such activity.(14)Speculative Accumulation. Speculative accumulation is prohibited. The permittee shall make and keep records that will adequately demonstrate that no speculative accumulation, as defined in 310 CMR 30.010, has occurred. Such records shall include, but not be limited to, the following: (a) records showing the amount of material being accumulated or stored at the beginning of the calendar year;(b) records showing the amount of material received and generated during the calendar year; (c) records showing the amount of material being accumulated or stored at the end of the calendar year; and,(d) records showing the amount of material that is recycled on-site, and/or that is transferred to a different site for recycling.(15)Personnel Training. The permittee shall instruct, or give on-the-job training to, personnel involved in any activity authorized by the permit, so that such instruction or on-the-job training teaches such personnel how to comply with the conditions of the permit and to carry out the authorized activity in a manner that is not hazardous to public health, safety, or welfare, or the environment.(16)Emergency Prevention and Response. The permittee shall plan and prepare for fires, explosions, or other occurrences that might result in release of oil or hazardous materials to the environment or otherwise constitute a potential hazard to public health, safety, or welfare, or the environment. Without limiting the generality of the foregoing, if the permit authorizes the operation of a recycling facility, the design and operation of the recycling facility shall be in compliance with the requirements set forth in 310 CMR 30.341(1)(e)1.(17)Transfer of Permits. Each permit issued pursuant to 310 CMR 30.200 shall be valid only for the person to whom it is issued and may not be transferred. Operation by an owner or operator other than those named in the permit shall be in violation of 310 CMR 30.000, and a basis for suspension or revocation of the permit, or for other enforcement action.(18)Permit Expiration. Permits issued pursuant to 310 CMR 30.200 are in effect for a period of up to five years from the date of issuance. To continue the specified activity beyond this five-year period, the permittee must reapply for a permit during the effective period of the existing permit. If the permittee wishes to engage in an activity different from the one specified in the permit, the permittee must receive a permit for the new activity prior to engaging in that activity.(19)Storage and Accumulation in Tanks and Containers. Regulated recyclable materials shall be stored or accumulated only in tanks or containers. Generators of regulated recyclable materials that are waste oil or used oil fuel shall comply with applicable container and tank requirements in 310 CMR 30.253. Generators of all other regulated recyclable materials shall comply with applicable container and tank requirements in 310 CMR 30.340 (for large quantity generators), 30.351 (small quantity generators), or 310 CMR 30.353 (very small quantity generators), respectively. Each tank or container in which regulated recyclable material is being accumulated or stored and each outside container into which small containers are packed shall be clearly marked and labeled throughout the period of accumulation or storage with the following: (a) the words "Regulated Recyclable Material";(b) regulated recyclable material(s) identified in words (e.g., acetone, toluene);(c) type of hazard(s) associated with the material(s) indicated in words (e.g., ignitable, toxic, dangerous when wet);(d) the date upon which each period of accumulation or storage begins, marked on each tank or container at the time accumulation or storage begins in that tank or container, except that tanks containing regulated recyclable materials to be lawfully recycled are exempt from dating requirements if hard-piped and integrally connected to a used oil fired space heater. Marks and labels shall be placed on the sides of each tank or container in such a manner that they are clearly visible for inspection.Amended by Mass Register Issue 1404, eff. 11/15/2019.Amended by Mass Register Issue 1522, eff. 5/24/2024.