Current through Register 1531, September 27, 2024
(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; and
6. 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; and
4. 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.
