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 19.083 - Enforcement of Minimum Recycling Requirements
Universal Citation: 310 CMR 19.000 MA Code of Regs 19.083
Current through Register 1531, September 27, 2024
(1) The Department may allow the acceptance of recyclable or compostable materials where such acceptance will result in the facility not meeting the 25% recycling requirement established at 310 CMR 19.038(2)(d), with prior notification and approval of the Department, under the following circumstances:
(a) the material is contaminated or is
otherwise not acceptable for recycling or composting because it is commingled
with solid waste, provided that the person(s) who contaminated or commingled
the material with solid waste is promptly notified and take(s) necessary
actions to prevent a reoccurrence of the conditions which caused the disposal;
or
(b) the recycling or composting
operation or end user to which the restricted material is normally sent
declines to accept the material or is prohibited from accepting the material as
a result of an administrative or judicial order, provided that an alternative
recycling or composting operation or storage facility or end user which will
accept the material cannot be found within a reasonable period of
time.
(2) Failure to comply with approved plans submitted pursuant to 310 CMR 19.030(3) or (4) or applicable permit conditions shall constitute a violation of 310 CMR 19.000. The Department may require a modified plan to be submitted where the minimum requirement is not being achieved.
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