310 CMR, § 30.595

Current through Register 1529, August 30, 2024
Section 30.595 - Subsequent Removal of Hazardous Waste and Hazardous Waste Containment Systems
(1) If the owner or operator or any subsequent owner or operator of the land upon which is located a hazardous waste management unit or facility subject to the requirements of 310 CMR 30.590 wishes to remove hazardous wastes, hazardous waste residues, the liner if any, or contaminated soils, he shall apply to the Department for approval to do so. The Department may grant such approval but
(a) only if the owner or operator applies for such approval in compliance with the requirements and procedures set forth in 310 CMR 30.802 through 30.807, and
(b) only after the Department complies with the requirements and procedures set forth in 310 CMR 30.851 and 30.852, and, if applicable, 310 CMR 30.833, 30.835, 30.836, 30.837, and 30.839, and
(c) such approval shall be subject to all other applicable provisions of 310 CMR 30.800, and
(d) in addition, such approval may be granted, and may be allowed to remain in effect, only if the owner or operator has persuaded the Department that the removal of the material in question will be in compliance with the requirements set forth in 310 CMR 30.592(5).
(2) If the Department grants the approval described in 310 CMR 30.595(1), the person granted such approval may request that the Department give written verification of such removal. If the Department verifies in writing that the material in question has been removed in compliance with such approval, the person requesting the verification may record that verification in the appropriate Registry of Deeds or, if the land in question is registered land, in the registry section of the land court for the district wherein the land lies.

310 CMR, § 30.595

Amended by Mass Register Issue 1522, eff. 5/24/2024.