Section 30.401 - Purpose and Applicability(1)310 CMR 30.401 through 30.499, cited collectively as 310 CMR 30.400, prescribe requirements which apply to all persons transporting hazardous waste within or through the Commonwealth, unless specifically exempted in 310 CMR 30.000.(2) A transporter of hazardous waste shall also comply with the requirements of 310 CMR 30.300 if that transporter: (a) Transports hazardous waste into Massachusetts from outside the United States; or(b) Mixes hazardous waste of different DOT shipping descriptions by placing them into a single container.(3)310 CMR 30.400 does not apply to the following: (a) Transport of hazardous waste by generators within the site where it is generated;(b) Transport of hazardous waste within the site of a facility licensed at that time by the Department for the treatment, storage, or disposal of hazardous waste if such transport was done by the owner or operator of the facility;(c) Transport of hazardous waste within a site at which such use is licensed at that time by the Department if such transport was done by the person so licensed;(d) Any air or rail transporter subject to regulation by the U.S. Department of Transportation, except that 310 CMR 30.401 and the requirements of 310 CMR 30.405, 30.406, 30.413, and 30.415 do apply to such transporters;(e) Any bulk shipment water transporter who is subject to regulation by the U.S. Coast Guard, except that 310 CMR 30.401 and the requirements of 310 CMR 30.405, 30.406, 30.413, and 30.415 do apply to such transporters.(4) Any transporter of hazardous waste who has current and proper ICC approval as a common carrier or contract carrier shall not be required to obtain a license to transport hazardous waste through Massachusetts if: (a) That transporter neither accepts hazardous waste from any location in Massachusetts nor delivers hazardous waste to any location in Massachusetts; and(b) That transporter only passes through Massachusetts from a State of generation to another State for treatment, storage, use, or disposal of hazardous waste.(5) Transporters described in 310 CMR 30.401(4) shall comply with all applicable requirements of Federal regulations, of regulations of States in which they pick up or deliver hazardous waste, and of 310 CMR 30.401, 30.408 and 30.413 while they are in Massachusetts, and need not comply with any other requirement of 310 CMR 30.400.(6)310 CMR 30.401(2) and (7), 30.402(1), 30.404, 30.405, 30.406, 30.408, 30.412 and 30.413 shall apply, and all other provisions of 310 CMR 30.400 shall not apply, to: (a) explosives which are disposed of, or whose disposal is supervised, by U.S. Army Explosive Ordinance Disposal Personnel; and(b) Explosives regulated by the Department of Public Safety pursuant to M.G.L. c. 148, § 9 and regulations codified at 527 CMR 13.00et seq.(7) Transporters of regulated recyclable materials shall transport such materials in compliance with 310 CMR 30.200 or all applicable provisions of 310 CMR 30.000 other than 310 CMR 30.200.Amended by Mass Register Issue 1406, eff. 11/15/2019.