Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 17.00 - Part I: Recycling Industries Reimbursement Credit Grant Program
Section 17.03 - Definitions

For the purposes of 310 CMR 17.00, the following terms shall have the meaning set forth below unless the context clearly requires otherwise:

Broker or Intermediary means a Company or Corporation that acts solely to sell, buy or trade PostConsumer Waste Materials between Companies or Corporations engaged in the Manufacturing Process or Reclaiming Process.

Company or Corporation means: any for profit or non-profit Company, Corporation, entity, or institution duly organized or recognized by the Secretary of State pursuant to the laws of the Commonwealth.

Department means the Department of Environmental Protection.

Designated Feedstock Materials means Post-Consumer Waste Materials, as listed by the Department on the Designated List, which materials may include, but are not limited to, paper, glass and plastic bottles, and tires, which have been processed through a Reclaiming Process and are ready for use as an input to a system that transforms said materials, and any other inputs, into products of economic value. Said materials shall not include Post-Industrial Waste Material or metals.

Designated List means a list as determined by the Department under which Designated Unprocessed Materials and the Designated Feedstock Materials shall be eligible for a Grant; provided, that no materials that are metals or hazardous waste under applicable state and federal environmental laws shall be eligible.

Designated Unprocessed Materials means Post-Consumer Waste Materials, as listed by the Department on the Designated List, which materials may include, but are not limited to, unprocessed loose paper, glass and plastic bottles and tires. Said materials shall not include metals.

Eligible Business means a Company or Corporation, which:

(a) either

1. uses Designated Unprocessed Materials in its Reclaiming Process; or

2. uses Designated Feed Stock Materials in its Manufacturing Process; and

(b) has at least 50% of its full-time equivalent non-salaried workforce at the site for which the grant is being utilized in the State.

A business shall not be considered eligible which:

(c) has been convicted of violating any state or federal civil or criminal environmental law in the past three years; or

(d) acts as an intermediary or broker between companies and Corporations engaged in the manufacturing process or reclaiming process.

Grant means funds for financial assistance provided under contractual terms between the Department and a Grantee to assist the Grantee in the achievement or continuation of a specified public purpose to benefit the general public or a segment of the general public consistent with the Department's Legislative Authorization.

Grant Agreement means a written contract between the Grantee and the Department.

Grant Application means an annual application form prescribed by the Department to be completed by an Eligible Business and reviewed by the Department to determine eligibility.

Grantee means an Eligible Business selected as a recipient of a Grant.

Manufacturing Process means those activities by which Designated Unprocessed Materials and Designated Feedstock Materials, as identified by the Department on the Designated List, are used as an input to a system that transforms them, and any other inputs, into products of added economic value and resold to a non-affiliated business or consumer.

Post-consumer Waste Materia l means any product generated by a business or consumer that has served its intended use, and that has been separated from solid waste for the purposes of collection and recycling or reuse and that does not include Post-industrial Waste Material.

Post-industrial Waste Materia l means internally generated scrap or fragments of products commonly returned to industrial or manufacturing processes, including home scrap or mill broke.

ReclaimingProcess means those activities that densify, shred, bale, grind, culletize or otherwise process theretofore Designated Unprocessed Material.

Statute means St. 1997, c. 88, § 85.

Virgin Feedstock Materia l means those materials extracted from their natural resource base and that are prepared for input into a system that transforms them and any other inputs, into products of economic value.