310 CMR, § 30.251

Current through Register 1529, August 30, 2024

Section 30.251 - General Provisions Governing Class B(3) Regulated Recyclable Materials

(1) No person shall engage in any activity involving Class B(3) regulated recyclable material if a Class B(3) permit is required for that activity unless either

(a) that person has applied for and obtained a Class B(3) permit, said permit is in effect when the activity is being done, and said permit authorizes the activity being done, or

(b) the Class B(3) regulated recyclable material is recycled or otherwise handled in compliance with all provisions of 310 CMR 30.000 other than 310 CMR 30.200.

(2) If a person described in 310 CMR 30.251(1) has a Class B(3) permit issued pursuant to 310 CMR 30.250, 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(1), Class B(2), 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.

(3) Except as otherwise provided in 310 CMR 30.251(3), off-specification used oil fuel may be blended with specification used oil fuel or unused fuel oil for the purpose of producing used oil fuel only at a facility licensed pursuant to 310 CMR 30.800. Mixing that is incidental to the filling or emptying of a tank or container is not blending. Off-specification used oil fuel may be blended with specification used oil fuel or unused fuel oil for the purpose of producing used oil fuel at a facility that has a Class B(3) permit issued pursuant to 310 CMR 30.266 or 310 CMR 30.268 if the blending is done for the purpose of making fuel which, at the time the blending occurs, may be lawfully burned at the site of blending pursuant to 310 CMR 7.00 and 30.000.

(4) Waste oil and used oil fuel shall not be blended, mixed, commingled, or otherwise treated with any other hazardous waste identified or otherwise described in 310 CMR 30.100 unless such blending, mixing, commingling, or other treatment is done in compliance with either

(a)310 CMR 30.240 and a Class B(2) recycling permit issued pursuant to 310 CMR 30.240, or

(b)310 CMR 30.290 and a Class C recycling permit issued pursuant to 310 CMR 30.290, or