Section 19.062 - Demonstration Projects or Facilities(1)Applicability. Any person who wishes to establish a demonstration project at a permitted solid waste management facility or establish a demonstration solid waste management facility for the purpose of demonstrating the effectiveness and utility of a new or innovative solid waste management technology shall submit an application to the Department for a demonstration project permit and notify the board of health of jurisdiction.(2)Application Requirements. An application for a demonstration project permit shall include: (a) a detailed description of the proposed activity, including:1. a discussion of the objectives of the project;2. a discussion of the purposes for undertaking the project;3. an analysis indicating the benefits of the proposed new technology;4. a description of the applicability of the new technology to solid waste management in general;5. a description of how the applicant intends to provide for the receipt and treatment or disposal of those types and quantities of solid waste proposed to be necessary for purposes of determining the efficiency and performance capabilities of the technology or process; and6. a technical analysis indicating environmental, public health and safety benefits and risks from the proposed new technology;(b) a set of plans which shall include:1. a site plan indicating the location of the project or facility;2. an operational plan outlining operational details of the project or facility, the particular types of equipment required for proper operation and a discussion of measures to be taken to ensure the protection of public health, safety or the environment;3. a corrective action plan which indicates how conventional solid waste management technology shall be utilized in the event of failure of the proposed technology; and4. a data collection and analysis plan which outlines all data collection and analysis procedures, protocols and reporting formats required to document and evaluate whether the demonstration project has achieved its objectives.(c) a project timetable; and(d) such other descriptions, plans or information as the Department deems necessary to review the demonstration project.(3)Department Review of an Application. The Department shall not grant a permit for a demonstration project unless: (a) the application is complete and accurate;(b) the facility has a valid site assignment where required pursuant to the Site Assignment Regulations at 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities;(c) the facility has a valid permit and necessary authorizations issued by the Department, if applicable;(d) the project can be adequately accommodated at a permitted facility without interfering with or disrupting normal operations of the facility, where the project is to be located at a permitted facility;(e) the demonstration project or facility has merit and seeks to improve operational aspects of a facility, produce significant cost savings or serve to increase protection of human health and the environment;(f) the proposed demonstration project will not cause or contribute to pollution of the air, water or other natural resources of the Commonwealth; and(g) the applicant has provided adequate proof of financial assurance as specified in 310 CMR 19.062(5).(4)Department Evaluation of Demonstration Projects. The Department shall review all data and reports submitted by the applicant and other relevant information to determine if the demonstration project has satisfactorily achieved its objectives and if the project has adequately protected public health, safety and the environment.(5)Financial Assurance. Applicants proposing demonstration facilities may be required to provide proof of financial assurance to the Department prior to receiving a demonstration facility permit. If financial assurance is required the applicant must comply with the financial assurance requirements set forth in 310 CMR 19.051 and: (a) provide sufficient financial assurance to cover costs of removing solid wastes, residuals and storage piles and to properly close the demonstration project site; and(b) provide sufficient financial assurance to ensure completion of all aspects of the proposed study in a manner acceptable to the Department including all monitoring costs, should the applicant default on the completion of the demonstration project.(6)Demonstration Project Permit Limitations. The following permit limitations shall apply to any demonstration project permit:(a) a demonstration project permit shall be valid for no more than two years from the date of issuance, unless renewed as provided for in 310 CMR 19.062(7); and(b) the permit shall be valid only for the site approved by the Department and subject to the conditions established by the Department in the demonstration project permit.(7)Renewal of Permit. The Department may renew a demonstration project permit for a maximum of two one year periods upon request by the applicant.(8)Termination of the Permit. A demonstration project permit shall terminate: (a) automatically at the end of the period specified in the demonstration project permit unless the applicant has requested a renewal of the permit and said renewal has been granted by the Department; or(b) automatically at the end of the renewal period should the applicant have received a renewal of the permit from the Department in accordance with 310 CMR 19.062(7); or(c) at any time the Department has determined that the project does not adequately protect public health, safety or the environment.Amended by Mass Register Issue 1467, eff. 3/30/2022 (EMERGENCY).Amended by Mass Register Issue 1473, eff. 4/15/2022 (COMPLIANCE).