Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 8.00 - Public Health
Section 8.04 - Site Assignments for Solid Waste Facilities
Universal Citation: 974 MA Code of Regs 974.8
Current through Register 1531, September 27, 2024
The requirements listed below are in addition to those set forth in 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities.
(1) Submission Requirements. As part of an application for a site assignment for a solid waste facility, the DEC may require the Applicant to submit:
(a) Information concerning the construction,
operation and/or maintenance of similar facilities owned and/or operated by the
Applicant in other locations, including the latest available regulatory and
monitoring data involved in the permitting or licensing of similar facilities
owned by the Applicant, as applicable to the monitoring of the facility at
Devens.
(b) A list and description
of all required permits (state and federal) and if requested by the Director,
full copies of any permits and any modifications thereto.
(2) Siting Criteria :
(a) If the DEC finds that topography,
vegetation or other natural features, or existing structures do not produce
sufficiently protective conditions, including visual screening and/or necessary
environmental mitigation, the DEC may require that the Solid Waste Facility be
located a certain distance from Sensitive Receptors or other dimensional
requirements that are more stringent than those set forth in
310 CMR 16.00: Site
Assignment Regulations for Solid Waste Facilities.
(b) Minimum separation or other dimensional
requirements shall be measured from the closest edge of a waste deposition
area, in the case of a landfill, to the closest point of the Sensitive
Receptor. In the case of a processing or combustion facility, the measurement
shall be from the closest edge of the principal structure to the closest point
of the Sensitive Receptor.
(c) The
DEC may apply the criteria set forth on M.G.L. c. 111, § 150A1/2, as
they are appropriate and applicable to the site assignment.
(3) Operations and Maintenance.
(a) The Director
may:
1. Enter the premises where records
required by a site assignment are maintained;
2. Have access to and the right to copy at
all reasonable times, any records required by the Conditions of the Site
Assignment;
3. Inspect at
reasonable times any facilities and equipment or operational practices relevant
to proper facility performance; and
4. Monitor or sample any waste processing
material or operation that can help to determine compliance with the Conditions
of the Site Assignment.
(b) For all Solid Waste Facilities, the
Applicant shall:
1. Notify the DEC in writing
of any change of owner/operator of the facility and/or the site or other basic
contact information within 30 days of the change.
2. Ensure that:
a. Trained personnel in adequate number are
present on-site during all operating hours to manage traffic and handling of
materials and other operational activities, including all unloading and loading
of materials.
b. Vehicular traffic
involving unloading or tipping of disposal materials is controlled at all times
to prevent the queuing of vehicles beyond the bounds of the site and the idling
of vehicles within the site for longer than allowed by the Massachusetts
Anti-idling Law. This law provides that subject to certain exceptions, no
vehicle may idle for more than five minutes. The DEC may require that vehicular
use is staggered over time throughout the permitted hours of
operation.
c. Demurrage of trucks,
automobiles or train cars serving the facility in any capacity is limited to:
i. Massachusetts Anti-idling Law;
or
ii. the duration of process
upsets (in the case of processing or combustion facilities) in a non-idling
state.
The Director shall be notified in a timely manner of demurrage in order to facilitate necessary monitoring.
d. Odorous wastes of any type is not stored
outdoors.
e. Unloading/loading
areas are swept and otherwise maintained daily to remove all manner of debris
and waste, including but not limited to: litter, ash, dust, residue from
value-added products and small petroleum-related spills.
f. Trucks leaving the site do not drag waste
or debris onto public ways or any offsite locations.
g. A comprehensive program of preventive
maintenance for all equipment and machinery used for processing or combustion
activities is established. Routine inspection and maintenance shall be fully
documented on a regular basis and records shall be made available to the
Director upon request or by means of a regular monitoring schedule.
h. Tipping bay doors (as a part of processing
or combustion facilities) are open for the minimum time required for vehicles
to enter the facility and shall be kept closed to the maximum extent feasible
given that the normal operations of these facilities require consistent
entrance, unloading and exiting of trucks.
(c) For all process or combustion facilities,
the Applicant shall:
1. Submit a written plan
for responding to negative conditions such as process upsets, receipt of
unauthorized waste, force majeure, interruption of power or
any utilities, personnel shortages or other factors which jeopardize normal
operations or could create public nuisance or potential health risks. The plan
shall be reviewed annually and, if necessary, updated to reflect revised
practices. One copy of the most recent plan shall be kept at the facility and
made available for public examination and one shall be sent to the DEC. The
plan shall include the following:
a. Names,
addresses, telephone numbers (and/or other electronic contact) of responsible
emergency personnel
b. Provisions
for interrupting waste shipments in transit to the site.
c. Provisions for processing wastes already
on-line at the facility, or, in the absence of that, for removing them from the
premises.
d. Provisions for
containing potential contamination of air and water.
2. Provide appropriate staff training, with
refresher courses offered as often as necessary to encompass changes in
practice.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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