A. Except as
provided in this section, the storage of hazardous wastes restricted from land
disposal under this Chapter or Section 3004(d) of RCRA, 42 U.S.C. §6924 is
prohibited, unless the following conditions are met:
(1) A generator stores such wastes in tanks
or containers on-site solely for the purpose of the accumulation of such
quantities of hazardous waste as necessary to facilitate proper recovery,
treatment, or disposal and,
(a) the generator
complies with the requirements of 06-096 C.M.R. ch. 851 including the 90 day
accumulation time, or
(b) if the
waste contains PCBs at concentrations greater than or equal to 50 ppm, the
generator complies with the requirements of 06-096 C.M.R. ch. 851 and 40 C.F.R.
§761.65(b).
(2) An
owner/operator of a hazardous waste treatment, storage, or disposal facility
stores such wastes in tanks or containers solely for the purpose of the
accumulation of such quantities of hazardous waste as necessary to facilitate
proper recovery, treatment, or disposal and:
(a) Each container is clearly marked to
identify its contents and the date each period of accumulation begins:
and
(b) Each tank is clearly marked
with a description of its contents, the quantity of each hazardous waste
received, and the date each period of accumulation begins, or such information
for each tank is recorded and maintained in the operating record at that
facility. Regardless of whether the tank itself is marked, an owner/operator
shall comply with the operating record requirements specified in 06-096 C.M.R.
ch. 854, §
6(C)(10) or 06-096
C.M.R. ch. 855, §
9(A)(10) (whichever
is applicable).
(c) Each container
or tank is managed in accordance with the applicable provisions of 06-096
C.M.R. ch. 854 or 855 and if the waste contains PCBs at concentrations greater
than or equal to 50 ppm, the waste must be also stored in compliance with 40
C.F.R. §761.65(b).
(3) A transporter stores manifested shipments
of such wastes for 10 days or less in accordance with a license issued under
06-096 C.M.R. ch. 856, § (11)(A)(3).
B. An owner/operator of a treatment, storage,
or disposal facility may store such wastes for up to 180 days unless the
Department can demonstrate that such storage was not solely for the purpose of
accumulation of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment, or disposal.
C. An owner/operator of a treatment, storage,
or disposal facility may store such wastes beyond 180 days up to 360 days
provided the owner/operator complies with 06-096 C.M.R. ch. 854,
§12(C)(11); however, in an action to enforce the requirements of this
Chapter the owner/operator bears the burden of proving that such storage was
solely for the purpose of accumulation of such quantities of hazardous waste as
are necessary to facilitate proper recovery, treatment, or disposal.
D. The prohibition in paragraph A of this
section does not apply to:
(1) Wastes which
are the subject of an approved petition under Section
9 of this Chapter;
(2) Wastes for which the effective date of a
prohibition has not been reached or for which a case-by-case extension of the
effective date under Section
8 of this Chapter has been approved;
and
(3) Wastes that meet the
applicable treatment standards specified in this Chapter, meet the treatment
standards in an approved variance under Section
14 of this Chapter, or where
treatment standards have not been specified, are in compliance with the
applicable prohibition levels specified in this Chapter or Section 3004 of
RCRA, 42 U.S.C. §6924.
