Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 19.000 - Solid Waste Management
Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS
Section 19.018 - Third-party Inspections

1. active landfills;

2. closed landfills;

3. handling facilities;

4. combustion facilities; and

5. other solid waste activities or facilities, as determined by the Department.

1. is inspected by a third-party inspector who is registered with the Department pursuant to 310 CMR 19.018(5);

2. is inspected according to the frequency and the performance standards set forth in 310 CMR 19.018(6) and (7); and

3. submits copies of all third-party inspection reports to the Department in accordance with 310 CMR 19.018(8).

1. a person with daily on-site responsibility for the operation or management of the facility to be inspected;

2. a person with a financial interest in such facility;

3. a spouse, parent, child, or sibling of the owner or operator;

4. the spouse, parent, child, or sibling of any employee of the owner or operator;

5. an employee of the owner or operator; provided that a municipal owner or operator may retain as a third-party inspector a municipal employee from a department, board or office of the municipality that is separate from the department, board or office of the municipality that owns or operates the facility (e.g., a municipal engineer or board of health agent may inspect a transfer station managed by the municipality's department of public works).

1. be registered according to the process set forth in 310 CMR 19.018(5)(b) prior to conducting any third-party inspection pursuant to 310 CMR 19.018;

2. file with the Department an updated qualifications statement every two years that is signed and certified in accordance with 310 CMR 19.011(1);

3. file with the Department an updated qualifications statement within 30 days when there is a change in the individual's licensure status or professional standing;

4. complete all training requirements required under 310 CMR 19.018;

5. personally conduct and complete third-party inspections in accordance with the performance standards in 310 CMR 19.018(6) and (7);

6. prepare accurate and complete third-party inspection reports in accordance with the performance standards in 310 CMR 19.018(6) and (7) and submit third-party inspection reports to facility owners and operators in accordance with the requirements of 310 CMR 19.018(8);

7. not make any false, inaccurate, incomplete or misleading statements in any third-party inspection report; and

8. provide any information regarding third-party inspections to the Department upon request as soon as possible but in no event more than seven business days following receipt of the request.

1. all relevant professional licenses and certifications that the individual currently holds, including but not limited to:

2. specific academic degrees that the individual has received;

3. specific solid waste training that the individual has successfully completed, such as SWANA training or Department waste ban training; and

4. relevant experience in the solid waste management field.

1. General Qualifications. In order to be qualified to conduct any type of third-party inspections pursuant to 310 CMR 19.018, a third-party inspector shall have in-depth knowledge and understanding of solid waste management laws, regulations and requirements applicable to the specific type or types of third-party inspections that said individual may be retained to inspect;

2. Waste Ban Inspector Qualifications. In order to be qualified to conduct a waste ban inspection at a facility pursuant to 310 CMR 19.018(7), the third-party inspector shall have successfully completed the Department's waste ban training course and any subsequent training required by the Department.

3. Facility Operation and Maintenance Inspector Qualifications. In order to be qualified to conduct a facility operation and maintenance inspection pursuant to 310 CMR 19.018(6), a third-party inspector shall, at a minimum, have the following combination of credentials, experience and training:

4. C&D Processing Facility Operation and Maintenance Inspector Qualifications. In order to conduct a facility operation and maintenance inspection of a C&D waste processing facility or C&D waster transfer facility, a third-party inspector shall, at a minimum, have all of the credentials, training and experience set forth in 310 CMR 19.018(5)(c)1. and 3. and either shall have an Asbestos Inspector license and classroom certification from the Massachusetts Department of Labor Standards or sub-contract with an individual who has such license and classroom certification for conducting asbestos-related inspection activities.

1. The Department shall create and maintain a list of those individuals who have registered as third-party inspectors.

2. After the first submittal of a qualifications statement by an individual for the purpose of being listed as a third-party inspector pursuant to 310 CMR 19.018(5), the Department may make a written determination, including the reasons therefore, not to list that individual if the Department determines in its sole discretion that the qualifications statement:

1. The Department may make a written determination, including the reasons therefore, to remove an individual from the list of third-party inspectors or to change the status of the third-party inspector's qualifications (e.g., to reflect a change in status from qualified for all inspection types to qualified for certain types of third-party inspections), if the Department determines in its sole discretion that the third-party inspector:

2. Any determination by the Department pursuant to 310 CMR 19.018(5) shall be in writing and shall state the reason(s) for removing the individual from the list of third-party inspectors or changing the status of the individual's qualifications.

3. A third-party inspector may at any time notify the Department that he or she wants to be removed from the list of registered third-party inspectors or change his or her status.

1. Any individual who is omitted or removed from the list of registered third-party inspectors by the Department, or whose status on the list the Department has changed, may submit a written request to the Department for reconsideration of its determination. Said request shall be postmarked within 21 days of the issuance of the Department's determination. The Department may request a meeting with the individual. The Department shall respond in writing to the reconsideration request and shall state the reasons for omitting or removing the individual. Such determination on the request for reconsideration shall not become effective until 22 days after issuance or after issuance of a final decision in an adjudicatory hearing, whichever is later. Failure to submit a written request for reconsideration in a timely manner shall be deemed to be a waiver of the individual's right to request an adjudicatory hearing.

2. Any individual who receives a determination on reconsideration pursuant to 310 CMR 19.018(5)(f)1. has the right to request an adjudicatory hearing from the Department. Any such individual shall be deemed to have waived such right unless the individual delivers, within 21 days of the date of issuance of the Department's written determination on reconsideration, a request for an adjudicatory hearing that complies with the requirements of 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection. Any individual who is aggrieved by a final decision in an adjudicatory hearing regarding a determination on reconsideration issued pursuant to 310 CMR 19.018(5)(f)1. may obtain judicial review thereof in accordance with the provisions of M.G.L. c. 30A, § 14.

1. During a facility operation and maintenance inspection, a third-party inspector shall assess a facility's operation and maintenance practices and procedures to determine whether the facility is in compliance with all applicable requirements, including, but not limited to, requirements set forth in:

2. Prior to conducting a third-party facility operation and maintenance inspection, the third-party inspector shall identify and review all solid waste requirements applicable to the operation and maintenance of the facility, including but not limited to those requirements identified in 310 CMR 19.018(6)(a)1.

3. During each third-party inspection, in order to complete an assessment of the facility's compliance with all applicable requirements as set forth in 310 CMR 19.018(6)(a)1., the third-party inspector shall examine and evaluate the facility's solid waste activities, equipment, operations, practices, procedures, and records relevant to the type of third-party inspection being conducted, including without limitation:

4. Where a third-party inspector observes that the operation or maintenance of the facility deviates from the aforementioned applicable requirements, he or she shall document all such deviations and recommend corrective actions for the facility to take to return to compliance with such requirements.

5. Third-party inspections shall be unannounced and randomly timed during the facility's normal operating hours, as follows:

1. at an active landfill at least once in every two-month period, with at least 20 days between consecutive inspections;

2. at a closed landfill at least once every two calendar years, with at least six months between consecutive inspections;

3. at a handling facility, other than a C&D waste processing facility or C&D waste transfer station;

4. at a C&D waste processing facility or a C&D waste transfer station at least once in each quarter (three-month period), with at least 20 days between consecutive inspections; and

5. at a combustion facility at least once in each quarter (three-month period), with at least 20 days between consecutive inspections.

1. In addition to complying with the general performance standards set forth in 310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate an active landfill's compliance with:

1. In addition to complying with the general performance standards described in 310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate a closed landfill's compliance with:

1. The performance standards in 310 CMR 19.018 apply to a handling facility that is not a C&D waste processing facility or a C&D waste transfer station, which is addressed in 310 CMR 19.018(6)(f).

2. In addition to complying with the general performance standards described in 310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate the compliance of a handling facility with:

1. The performance standards in 310 CMR 19.018(6)(e) only apply to a C&D waste processing facility or a C&D waste transfer station. They do not apply to other types of handling facilities, which are addressed in 310 CMR 19.018(6)(e).

2. In addition to complying with the general performance standards described in 310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate the compliance of a C&D waste processing facility or a C&D waste transfer station with:

3. The third-party inspector shall observe random incoming waste loads and collect ACM samples from suspect materials and send those sample(s) for analysis in accordance with the facility's approved ACM inspection and management protocol, if any.

(a) the operation and maintenance requirements set forth at 310 CMR 19.207;

(b) the ash handling and disposal conditions set forth in the combustion facility's permit and its operation and maintenance plan;

(c) the applicable requirements of any beneficial use determination(s) governing the beneficial use of solid waste at the facility.

1. An owner and operator of a handling facility that does not accept loads greater than five cubic yards is exempt from 310 CMR 19.018(7); and

2. An owner and operator of a facility that participates in the Class II Recycling Program in accordance with the terms of 310 CMR 19.300 is exempt from 310 CMR 19.018(7).

1. Prior to conducting each third-party waste ban inspection, the third-party inspector shall identify and review all requirements applicable to waste ban compliance at the facility, including but not limited to, the facility waste ban compliance plan and the requirements of 310 CMR 19.017.

2. During an inspection and for the minimum number of loads as required pursuant to 310 CMR 19.018(7)(e), a third-party inspector shall examine and evaluate the compliance of the facility with its approved waste ban compliance plan, as follows:

3. A third-party waste ban inspection shall be unannounced and randomly timed during the facility's normal operating hours, as follows:

4. Where a third-party inspector observes that waste ban compliance at the facility deviates from the applicable requirements set forth at 310 CMR 19.018(7)(c)1., the third-party inspector shall document all such deviations and recommend corrective actions for the facility to take to return to compliance with such requirements.

1. at an active solid waste landfill: at least once in every two-month period, with at least 20 days between consecutive inspections;

2. at a handling facility other than a C&D processing facility or C&D waste transfer station:

3. at a C&D waste processing facility or a C&D waste transfer station at least once in each quarter (three-month period), with at least 20 days between consecutive inspections; and

4. at a combustion facility at least once in each quarter (three-month period), with at least 20 days between consecutive inspections.

1. Once the third-party inspector begins a waste ban inspection, the third-party inspector shall observe and document each and every load, until the following minimum number of loads, containing at least five cubic yards of material each, have been observed:

2. As an alternative to the minimum loads set forth at 310 CMR 19.018(7)(e)1., for a facility that has operated below the facility's permitted capacity for the previous year, the third-party inspector may apply the average actual daily receipt of waste (in tons) over the preceding year (instead of the permitted tonnage amount) to the minimum load criteria set forth above at 310 CMR 19.018(7)(e)1.

1. prepare an accurate and complete third-party inspection report which presents the results of his or her inspection in accordance with the performance standards set forth at 310 CMR 19.018(6) and (7) and which meets the requirements set forth at 310 CMR 19.018(8)(b);

2. sign and certify his or her inspection report on a form or forms provided by the Department, and include the following statements in the report;

I, [name of third-party inspector], attest under the pains and penalties of perjury that:

3. submit to the owner and operator such third-party inspection report.

1. Facility Operation and Maintenance Inspection Report. For each facility operation and maintenance inspection, the third-party inspector shall prepare a third-party inspection report that describes and reports in detail the results of his or her inspection of the facility's compliance with all applicable requirements, including, but not limited to:

2. Waste Ban Compliance Inspection Report. For a waste ban compliance inspection conducted pursuant to 310 CMR 19.018(7), the third-party inspector shall prepare a third-party inspection report that describes and reports in detail the results of his or her inspection, including but not limited to:

4. Report Format. Each third-party inspection report shall be submitted in the format specified by the Department.

5. Duty of Third-party Inspectors to Provide Information. Upon request of the Department, a third-party inspector shall provide a copy of any third-party inspection report prepared by him or her to the Department within seven business days. Upon request, a third-party inspector shall furnish any other information, documents or records associated with such inspection and allow the Department access to and to copy all records relating to the facility within seven business days.

1. Reports and Certifications. The owner and operator of a facility shall submit each third-party inspection report to the Department and the board of health of the municipality in which the facility is located no later than 30 days following the date of the inspection. A responsible official of the inspected facility shall sign and certify such report in accordance with 310 CMR 19.011(1). Notwithstanding the foregoing, nothing in 310 CMR 19.018 relieves any person of any duty to report or provide notice of any information that such person is required to report in a shorter timeframe pursuant to any statute, regulation, permit, approval, determination, authorization, order or other requirement.

2. Corrective Actions. In the event that a third-party inspection report contains a recommendation for corrective action(s), the owner or operator shall submit, along with the inspection report, the following:

3. Deficiency Notice. In the event that the Department issues a written deficiency notice to the owner or operator regarding any submittal required by 310 CMR 19.018, the owner or operator shall, within 21 days of the date of issuance of the Department's notice, provide a written response to the Department that describes how the facility intends to correct the deficiencies identified by the Department and provides a compliance schedule.

4. Records. A copy of each third-party inspection report shall be maintained at the facility in accordance with the record-keeping requirements of 310 CMR 19.000. The owner and operator shall make third-party inspection reports available to personnel or authorized representatives of the Department for review at the facility upon request.