Current through Register 1531, September 27, 2024
(1)
General.
Operators shall incorporate procedures and practices, in accordance with
approved plans and permit conditions, which will prevent pollution of ground
water, surface water and air quality and prevent dust, odors, noise and other
nuisance conditions from developing.
(2)
Supervision of
Operation.
(a) The operator of
the handling facility shall be under the overall supervision and direction of
an engineer or other person qualified and experienced in matters of solid waste
handling and disposal.
(b) The
operator of the handling facility shall be knowledgeable of the requirements of
310 CMR 16.00 and 310 CMR
19.000, and of the general operating procedures and plans as prescribed by the
design engineer.
(c) The operator
shall be required to demonstrate familiarity and capability to operate
equipment at the handling facility.
(3)
Access to
Facilities.
(a) The operator
shall provide and maintain in good repair access roads at the facility. Such
access roads shall be paved to minimize dust and designed and constructed so
that traffic will flow smoothly and will not be interrupted by inclement
weather.
(b) The operator shall
limit access to the facility to such periods of time as an attendant is on duty
and to those persons authorized to use the facility for the disposal of
refuse.
(4)
Security.
(a) The
operator shall provide sufficient fences or other barriers to prevent access to
the facility except at designated points of entry or exit.
(b) A gate shall be provided at all access
points and shall be locked at all times when the operator or his agent is not
on site or during hours when the facility is not operating.
(5)
Posting of the
Handling Facility. The operator of a handling facility shall post
signs at all access points to the facility which, at minimum, include the
following information:
(a) the name(s) of the
owner and operator of the facility;
(b) a 24 hour emergency telephone number for
the facility;
(c) the hours of
operation;
(d) a list of solid
wastes banned or restricted pursuant to
310 CMR
19.017;
(e) other limitations and conditions of
access to the facility; and
(f)
where established by the municipality, penalties for unauthorized
use.
(6)
Unloading Refuse. The operator shall provide for
continuous supervised unloading of refuse from incoming vehicles and shall post
appropriate signs or other means to indicate clearly where incoming vehicles
are to unload the refuse by direction of the attendant or equipment operator on
duty.
(7)
Special
Wastes. No solid waste that has been classified as a special waste
pursuant to
310 CMR
19.061(2): Special
Waste, shall be received or handled at any handling facility unless
the provisions of
310 CMR 19.061 are
satisfied and the special waste is handled in accordance with any conditions
specified by the Department in granting approval to handle the special waste
and in accordance with the handling provisions of
310 CMR
19.061.
(8)
Banned or Restricted Solid
Wastes. Solid wastes which have been banned or restricted from
transfer or disposal pursuant to
310 CMR 19.017:
Waste Bans, shall be managed at a handling facility in
accordance with the approved facility plan prepared and approved in accordance
with
310 CMR 19.017(5)
unless an exception has been granted under
310 CMR
19.017(6).
(9)
Hazardous Waste.
(a) No operator shall handle any material
subject to the Hazardous Waste Regulations, 310 CMR 30.000, at a solid waste
handling facility permitted pursuant to M.G.L. c. 111, § 150A, except that
waste oil and household hazardous waste may be collected at a facility pursuant
to 310 CMR 19.207(10).
(b) The
operator shall implement a program, approved by the Department, for detection
and exclusion of hazardous wastes.
(c) The operator shall, within 24 hours,
notify the Department and the board of health of the discovery of any material
subject to 310 CMR 30.000: Hazardous
Waste.
(10)
Household Hazardous Waste and Waste Oil Collections at Handling
Facilities. If household hazardous waste and waste oil are
collected at handling facilities, the household hazardous waste and/or waste
oil shall be collected with prior notice to DEP and in compliance with either:
(a)
310
CMR 30.392: Events for the
Accumulation of Household Hazardous Waste and/or Hazardous Waste Generated by
Very Small Quantity Generators , or
(b)
310
CMR 30.393: Centers for the
Accumulation of Hazardous Waste Generated by Households and/or Very Small
Quantity Generators.
(11)
Bulky Waste.
(a) An operator may accept bulky wastes
where:
1. the handling of such wastes is
consistent with the facility's site assignment and/or permit; and
2. the handling of such wastes can be carried
out in a manner which is manageable and compatible with the facility's
operation and maintenance plan and environmental control systems.
(b) The Department may disallow or
place conditions on the handling of bulky waste at a handling facility in order
to protect the engineering or operational integrity of the facility.
(c) The board of health may, by regulation,
specify the maximum size of large, heavy, or bulky items to be managed at the
handling facility and may prohibit altogether the handling of certain
items.
(d) If brush is accepted at
the handling facility, provisions should be made for the brush to be received
in bundles no larger in size than can be handled in an acceptable and sanitary
manner by the specific equipment. Brush should not be allowed to accumulate
beyond 48 hours after deposition at the handling facility.
(12)
Liquid Wastes.
(a) No liquid wastes shall be managed at a
handling facility. With the exception of septage, contained liquid wastes
generated by and produced in the normal operation of a household shall not be
considered to be liquid wastes unless expressly excluded through
310 CMR 19.017:
Waste Bans.
(b)
For the purpose of
310 CMR
19.130 liquid wastes means any material that
drains freely or contains free draining liquids, as determined by using the
Paint Filter Liquids Test, Method 9095 as described in USEPA Publication
SW-846.
(13)
Bird Hazards. The operator of facilities located in
proximity to airports shall operate and maintain the facility in such manner as
to minimize, to the extent practicable, the potential for the facility to pose
a bird hazard to aircraft.
(14)
Dust Control. The operator shall undertake suitable
measures to control dust wherever and whenever necessary at the site, the
access road, and any other areas related to or under control of the waste
handling facility operator to prevent nuisance conditions. Water shall not be
used for dust control in amounts that produce excessive infiltration, ponding,
runoff or erosion.
(15)
Vector Control .
(a)
The operator shall cause routine waste handling facility operations to be
carried out promptly in a systematic manner and shall take preventative
measures to maintain conditions unfavorable for the attraction or production of
insects, birds, rodents and other vectors.
(b) The Department may require a routine
program for the control and elimination of insects and rodents and other
vectors at the or handling facility site. The operator shall cause supplemental
control measures, including but not limited to the use of effective
insecticides and rodenticides, to be implemented when necessary.
(c) The application of pesticides shall be
made only by a pesticide operator licensed by the Massachusetts Pesticide
Board.
(16)
Control of Wind-blown Litter.
(a) The operator shall take measures to
prevent the scattering of refuse and wind-blown litter, including incorporating
litter fencing, natural barriers or other devices to prevent the scattering of
solid waste beyond the facility.
(b) The operator shall provide for routine
maintenance and general cleanliness of the entire handling facility area. Such
provisions are to be detailed on the engineering plans or written operating
procedures.
(17)
Staffing.
(a) The
operator shall provide an adequate number of trained staff to ensure that the
facility is operated and maintained as designed and in accordance with good
solid waste management practices.
(b) During hours of operation the operator
shall be continuously present at the handling facility.
(18)
Employee
Facilities.
(a) The operator
shall provide proper shelter and facilities for employees working at the
facility. The shelter and facilities shall contain:
1. sufficient light and heat;
2. a safe drinking water supply;
3. sanitary handwashing and toilet
facilities;
4. an operational
telephone or two-way radio system; and
5. other equipment or appurtenances necessary
for full compliance with federal and state worker health and safety
requirements.
(19)
Accident Prevention and
Safety.
(a) All employees shall
be instructed in the principles of first-aid and safety and in the specific
operational procedure necessary to prevent accidents.
(b) The operator shall provide and maintain
adequate first-aid supplies at the site at all times.
(c) The operator shall provide for two-way
radios or telephones and ensure that the numbers for emergency medical care and
ambulances are posted at the site.
(20)
Fire Protection
. The operator shall take suitable measures for the prevention and control of
fires at the facility by complying with at least the following:
(a) Make available at the facility an
adequate supply of water under pressure with sufficient fire hose, unless a
fully-manned fire station is located within two miles;
(b) A separate area shall be provided,
located away from combustible materials, refuse and buildings, for quick
dumping and quenching or snuffing of hot loads;
(c) Arrange for a nearby fire department to
provide emergency service whenever called; and (d) Mount detachable fire
extinguishers, maintained in working order, on all equipment and in all
buildings.
(e) The operator shall
ensure that no materials are stored, held, maintained or placed at a handling
facility in such a manner as to pose a fire hazard.
(f) The operator shall be responsible for
seeking fire-fighting assistance, initiating and providing assistance and/or
resources for fire-fighting actions until all smoldering, smoking and burning
cease.
(21)
Recycling Operations.
(a) The operator may make provisions for the
recycling of materials provided that a definite plan of procedure is
implemented and followed to enable said operation to be carried out in an
organized, sanitary, orderly and dependable manner with minimal interference to
the routine handling facility operations.
(b) Any container, or specially designed
enclosed area, used for the storage of recyclable materials (such as glass,
cans, paper, etc.) shall be clearly identified and maintained
in a clean and sanitary condition and the surrounding areas shall be kept in a
similar condition.
(c) All
accumulated recyclable materials shall be removed from the facility at least
every 60 days and/or at such other times as may be specified by the
Department.
(d) Recyclable
materials of a nature or in quantities that cause odor or pose a threat to the
public health or are detrimental to the environment or the surrounding area
shall not be accumulated.
(22)
Records for Operational and
Plan Execution.
(a) The operator
shall maintain a daily log to record operational information, including but not
limited to the type and quantity of solid waste received and the status of all
environmental control or monitoring systems.
(b) The operator of existing or new handling
facilities receiving 100 tons or more per day shall weigh all incoming solid
waste.
(c) Operators of handling
facilities that receive less than 100 tons per day shall, on a daily basis,
estimate the total weight and volume of waste delivered based upon the capacity
of the vehicles which delivered solid waste to the facility.
(d) The operator shall submit to the
Department, no later than February 15th of each
calendar year, an annual report summarizing the facility's operations for the
previous calendar year or portion of a calendar year that waste is handled at
the facility. Where the Department provides a form for annual reporting, the
report shall be made on, and shall contain, all information as requested by
that form. Otherwise, the report shall describe and summarize:
1. the amount of solid waste handled during
that year with the quantity reported in tons;
2. all environmental monitoring and sampling
data trends from ground water, surface water and gas monitoring systems from
the monitoring required by the facility permit; and
3. a demonstration of how the handling
facility's operations during the year complied with the provisions of the
recycling and composting plan contained as part of the facility's solid waste
management permit.
(23)
Screening and/or
Fencing. The Department may require that the handling facility be
suitably screened by fencing, or other approved methods, to shield the area
from adjoining properties.
(24)
Open Burning. No open burning of any refuse, including
brush, wood or diseased trees shall be permitted at the handling facility site
at any time of the year except as may be expressly permitted by the Department
pursuant to
310 CMR 7.07:
U Open Burning.
(25)
Inspections.
The facility shall be inspected by a third party inspector in accordance with
310 CMR
19.018, and such third-party inspection shall
be conducted in accordance with the frequency and other requirements of
310 CMR
19.018, unless more frequent inspections or
more stringent requirements are contained in the terms of any approval, order
or other document issued by the Department pursuant to 310 CMR
19.000.
(26)
End-of-life Mercury-added Products. Mercury-added
products that are hazardous waste pursuant to 310 CMR 30.000: Hazardous
Waste shall be handled in accordance with 310 CMR 30.000:
Hazardous Waste. Mercury-added products that are not hazardous
waste shall be handled in accordance with
310 CMR
76.05(2).
