Section 30.393 - Centers for the Accumulation of Hazardous Waste Generated by Households and/or Very Small Quantity Generators(1)Applicability and Compliance. A sponsor may establish or maintain a center provided that the center is in compliance with the requirements set forth in 310 CMR 30.393, as specified below. All centers shall be subject to 310 CMR 30.393(1) through 30.393(4). A center that accepts waste oil shall also be subject to 310 CMR 30.393(5).(2)Application for Department Approval. Any sponsor who wishes to establish or operate a center shall, before establishing or operating the center, apply for and obtain the Department's approval. The approval of applications for centers that accept only waste oil and/or surplus paint, submitted pursuant to 310 CMR 30.393(3), shall be deemed granted as a "presumptive approval" unless, within 21 days of the Department's receipt of an application, the Department notifies the applicant of a deficiency or denies the application in writing. If deemed granted, the applicant may act in good faith on this approval even though the applicant does not have a written statement by the Department to that effect. For centers that accept hazardous wastes other than waste oil and surplus paint, the applicant shall apply for and receive written approval from the Department. The sponsor shall sign all applications for the Department's approval to establish or maintain a center in compliance with the requirements of 310 CMR 30.009 and 310 CMR 30.807(1). The Department may give an approval pursuant to 310 CMR 30.393 and allow that approval to remain in effect only to the extent the Department is persuaded that such action would not lead to a significant potential hazard to public health, safety, or welfare, or to the environment, or be in noncompliance with 310 CMR 30.393. In addition to any requirements set forth in 310 CMR 30.393, the Department may impose any other conditions in its approval to ensure that the activity in question does not constitute a significant potential hazard to public health, safety, or welfare or the environment.
(3)Application Procedure for Centers. Any sponsor who wishes to establish or maintain a center shall apply for the Department's approval of that activity using a form prescribed by the Department. Application forms required by the Department may vary, depending on the nature of the hazardous waste proposed to be collected. The application shall specify all additional persons retained by the sponsor to operate or maintain the center. A copy of each application shall be submitted to the Board of Health and the Fire Department of the municipality in which the proposed center is to be located.(4)Management Standards for Centers. A sponsor or his designee shall comply with the following:(a)310 CMR 30.001 through 30.199;(b)310 CMR 30.310 through 30.331, 30.333 through 30.334, 310 CMR 30.341(3) through (5), 30.342(1)(e) and 30.343(1)(d)2;(c)310 CMR 30.351(8)(a), (b)(1) through (4) and 30.351(9) through (11);(e)310 CMR 30.560(1) through (3) and 310 CMR 30.689;(f) The site requirements set forth in 310 CMR 30.392(3), except for 310 CMR 30.392(3)(c)1.;(g) A center may accumulate hazardous waste for up to 180 days without having to obtain a license from the Department for such accumulation provided the requirements of 310 CMR 30.393(4) are complied with; the 180-day accumulation period does not begin until the amount accumulated at any one time equals 100 hundred or more kilograms of non-acutely hazardous waste, or any amount of acutely hazardous waste; a center that intends to or does accumulate hazardous waste for more than 180 days is an operator of a storage facility and shall comply with the requirements in 310 CMR 30.500 through 30.900 applicable to the storage of hazardous waste;(h) Signs shall be clearly and prominently displayed describing the kinds of hazardous waste accepted at the center;(i) An attendant, trained in sorting procedures for determination of hazard, classification for reuse and recycling and potential health and safety issues related to handling hazardous waste, shall be present at all times while the center is open to accept hazardous waste.(j) A center that receives hazardous waste generated by Very Small Quantity Generators shall be subject to 310 CMR 30.353(9) and all other regulations applicable to persons who receive hazardous waste generated by Very Small Quantity Generators;(k) All centers shall report to the Department by January 15th each year on the previous year's activity. The report shall be submitted on a form prescribed by the Department, and shall describe the quantities and types of hazardous waste and other materials collected during the previous calendar year;(l) The sponsor shall retain the services of a transporter licensed by the Department for the transport of the types of hazardous waste accepted at the center;(m) A generator of hazardous waste who is also a center is not required to count hazardous waste received during those collection activities toward its hazardous waste generator status, provided that collected hazardous waste is managed independently (i.e., packaged, accumulated, stored and disposed separately) from the generator's own hazardous waste. However, if the generator chooses to combine its own hazardous waste with hazardous waste collected at the center, then the hazardous waste collected at the center shall be counted toward the generator's status;(n) The center shall refuse to accept any waste if there is reason to believe that the waste is not household hazardous waste or hazardous waste generated by a Very Small Quantity Generator, or waste that is unidentifiable, explosive or reactive, cannot be lawfully disposed of, or is specified as unacceptable in the contract between the sponsor and the transporter; and(o) A center that accepts waste oil shall accumulate and manage such waste oil in compliance with the requirements in 310 CMR 30.253.(5)Standards for Waste Oil Recycled in Used Oil Fuel Fired Space Heaters Located in Centers. In addition to the management standards specified in 310 CMR 30.393(4), a center where waste oil is burned for energy recovery shall comply with the following: (a) the space heater shall be operated in accordance with 310 CMR 30.222, as applicable;(b) each batch of waste oil shall be tested using appropriate analytical methods contained in EPA's Test Methods for Evaluating Solid Waste, SW-846, (e.g. the field screening method 9077) to determine whether the waste oil contains 1,000 or more ppm of total halogens; in cases where the total halogen concentration exceeds 1,000 ppm, the waste oil is presumed to be adulterated with halogenated hazardous waste, and therefore must be managed as a hazardous waste unless proved otherwise pursuant to 310 CMR 30.393(6)(c);(c) in cases where the concentration of total halogens is greater than 1,000 ppm, the sponsor may use the rebuttable presumption provision cited at 310 CMR 30.215(1)(b) to document that the waste oil does not contain halogenated constituents listed in 310 CMR 30.160 in significant concentration, and therefore can be managed as a used oil fuel;(d) If the site of the waste oil collection center and the site of the waste oil fired space heater is different, the sponsor of the waste oil collection center shall be allowed to transport such waste oil to a used oil fired space heater operated by the same sponsor provided that such transport is done in compliance with 310 CMR 30.353(7)(c), (f), (g), (i) and (l).(6) For centers that accept any of the wastes listed at 310 CMR 30.143(2), sponsors may manage such wastes as universal wastes under 310 CMR 30.1000 or as household hazardous wastes under 310 CMR 30.390. If these wastes are managed as universal wastes, a separate area shall be provided and marked as a universal waste accumulation area.Amended by Mass Register Issue 1406, eff. 11/15/2019.Amended by Mass Register Issue 1522, eff. 5/24/2024.