Section 30.231 - General Provisions(1) Except for those regulated recyclable materials described in 310 CMR 30.231(2), all regulated recyclable materials used in a manner constituting disposal (a) shall not be subject to any provisions of 310 CMR 30.200 other than 30.201, 30.211, and 30.231(1), and(b) shall be recycled and otherwise handled in full compliance with all applicable provisions of 310 CMR 30.000 other than 310 CMR 30.200.(2) When used in a manner constituting disposal, regulated recyclable materials shall be subject to 310 CMR 30.230 if they:(a) are listed or otherwise described in 310 CMR 30.133 or 310 CMR 30.136, and(b) have never been used, and(c) are ordinarily used on the land.(3) No person shall recycle any Class B(1) regulated recyclable material described in 310 CMR 30.231(2), or engage in any other activity involving Class B(1) regulated recyclable material described in 310 CMR 30.231(2) if a Class B(1) permit is required for that activity, unless either (a) that person has applied for and obtained a Class B(1) permit, said permit is in effect when the recycling or other activity is being done, and said permit authorizes the recycling or other activity being done; or(b) the Class B(1) regulated recyclable material is recycled or otherwise handled in compliance with all provisions of 310 CMR 30.000 other than 310 CMR 30.200.(4) If a person described in 310 CMR 30.231(3) has a Class B(1) permit issued pursuant to 310 CMR 30.230, and does not have a license issued pursuant to 310 CMR 30.500, 30.600, 30.700, and 30.800, that person shall (a) not recycle any Class A, Class B(2), Class B(3), Class B(4), Class B(5), or Class C regulated recyclable material, or any other material that is regulated pursuant to 310 CMR 30.000, unless that person also has whatever license or permit is required by 310 CMR 30.000 for such activity; and(b) not receive from off the site of generation, or contract to receive from off the site of generation, any Class A, Class B(1), Class B(2), Class B(3), Class B(4), Class B(5), or Class C regulated recyclable material, or any other material that is regulated pursuant to 310 CMR 30.000, unless that person also has whatever license or permit is required by 310 CMR 30.000 for such activity, and(c) notify the EPA and the Department pursuant to 310 CMR 30.060 through 30.064.(5) Generators and transporters of Class B(1) regulated recyclable material described in 310 CMR 30.231(2) shall handle such material in compliance with all provisions set forth in 310 CMR 30.000 for the generation and transportation of hazardous waste. Without limiting the generality of the foregoing, (a) such material shall be accompanied by a manifest filled out, signed, and distributed in compliance with all provisions of 310 CMR 30.000 governing the filling out, signing, and distribution of copies of manifests; and(b) a generator of such material may sell or otherwise transfer custody or possession of such material only to a transporter in compliance with 310 CMR 30.304; and(c) a generator of such material may sell or otherwise transfer such material, or contract to sell or otherwise transfer such material, or cause or allow such material to be transported off the site of generation, only to either1. a facility described in 310 CMR 30.305 or2. a facility that has a Class B(1) permit pursuant to 310 CMR 30.232(2) or3. a facility outside of Massachusetts that has been designated by the Department pursuant to 310 CMR 30.232(3); and(d) a transporter of Class B(1) regulated recyclable material may cause or allow such material to be transported off the site of generation only to either 1. a person described in 310 CMR 30.404 or2. a facility that has a Class B(1) permit pursuant to 310 CMR 30.232(2) or3. a facility outside of Massachusetts that has been designated by the Department pursuant to 310 CMR 30.232(3).(6) Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to the land disposal restrictions of 310 CMR 30.750 (see40 CFR 268.7(b)(6)) if the regulated recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in subpart D of 40 CFR 268, as incorporated by reference at 310 CMR 30.750, or meet the requirements of 40 CFR § 268.32, as incorporated by reference at 310 CMR 30.750, or RCRA section 3004(d) where no treatment standards have been established for the constituents that they contain.Amended by Mass Register Issue 1404, eff. 11/15/2019.