310 CMR 19.018 - Third-party Inspections
(1)
Purpose. 310 CMR 19.018 sets forth third-party
inspection requirements for specific types of facilities.
(2)
Applicability.
(a) The third-party inspection requirements
at 310 CMR 19.018 shall apply to the following types of facilities and to
individuals who conduct third-party inspections at such facilities:
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.
(b)
Effective Date.
The third-party inspection requirements of 310 CMR 19.018 shall be effective
180 days from February 14, 2014.
(c)
Existing Third party
Inspection Requirements. Where a facility has an existing
third-party inspection requirement established in a permit or enforcement
document issued prior to February 14, 2014 the facility shall use that
inspection frequency (in the existing permit or enforcement document) if it is
more frequent than the frequency specified in 310 CMR 19.018. All other
requirements of 310 CMR 19.018 shall apply to such third-party
inspections.
(d) Nothing in 310 CMR
19.000 shall be construed to limit the Department from determining that more
frequent third-party inspections or more stringent requirements for third-party
inspections are required for a facility. When deemed necessary by the
Department, such alternate inspection frequency or more stringent requirements
shall be set forth in the facility's permit, authorization to operate, or other
written approval, order or other document issued by the Department.
(3)
Types of
Inspections. The owner and operator of a facility listed at 310
CMR 19.018(2)(a) shall have the following types of third-party inspections
conducted at the facility in accordance with the performance standards and
other requirements of 310 CMR 19.018:
(a)
facility operation and maintenance inspections;
(b) waste ban inspections at any facility
with a waste ban compliance plan approved by the Department in accordance with
310 CMR 19.017;
and
(c) any other third-party
inspection as directed by the Department.
(4)
General Requirements for
Owners and Operators.
(a) Each
owner and operator of a facility shall ensure that the facility:
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).
(b) The owner
and operator shall not conduct their own third-party inspections and shall not
retain any of the following individuals to conduct such third-party inspection:
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).
(c) The owner and operator shall allow the
third-party inspector full access to the facility and its records related to
any solid waste activities carried out at the facility, for the purpose of
performing any activity related to conducting the third-party inspection or
preparing the third-party inspection report, provided that the owner and
operator may deny the third-party inspector access to confidential or
proprietary business information. The owner and operator shall in no way
restrict, impede, or delay a third-party inspection.
(d) The owner and operator shall inform the
third-party inspector when the owner or operator or any of his or her employees
learns of the date of the third-party inspection in advance of the third-party
inspection.
(e) The owner and
operator shall provide true, accurate and complete information which is not
misleading to the third-party inspector.
(5)
General Requirements,
Registration and Qualifications for Third Party Inspectors.
(a)
Third-party Inspector
Requirements. Each individual performing inspections pursuant to
310 CMR 19.018 shall have the continuing duty to meet the following performance
standards to ensure that his or her registration is maintained pursuant to 310
CMR 19.018(5):
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.
(b)
Registration. To
be eligible to conduct a third-party inspection required by 310 CMR 19.018, an
individual shall register with the Department in advance by filing a
qualifications statement. The qualifications statement is a self-certification
by an individual, on a form provided by the Department, documenting that he or
she meets or exceeds the minimum qualification requirements set forth at 310
CMR 19.018(5)(c) for the specific type or types of third-party inspection that
said individual may be retained to conduct. The qualifications statement shall
include:
1. all relevant professional licenses
and certifications that the individual currently holds, including but not
limited to:
a. Registered professional
engineer (PE);
b. Registered
sanitarian (RS);
c. Solid waste
operator license(s);
d. Solid Waste
Association of North America (SWANA) certification(s);
e. Licensed site professional (LSP);
or
f. Asbestos inspector licensure
and certification by the Massachusetts Department of Labor Standards;
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.
(c)
Third-party Inspector Qualifications. An individual
may qualify to conduct one or more types of third-party inspection, as follows:
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:
a.
Credentials.
i. be a registered Massachusetts professional
engineer in good standing, or a registered Massachusetts sanitarian in good
standing, or a Massachusetts licensed site professional in good standing, each
of which must have three or more years of full-time professional experience, or
part-time equivalent, as set forth 310 CMR 19.018(5)(c)3.b.; or
ii. have a Bachelor's degree in engineering
or in a physical or biological science with three or more years of full-time
professional experience, or part-time equivalent, as set forth in 310 CMR
19.018(5)(c)3.b.; or
iii. have a
Bachelor's degree with five or more years of full-time professional experience,
or part-time equivalent, as set forth in 310 CMR 19.018(5)(c)3.b.
b.
Experience. The third-party inspector shall have
full-time professional experience, or part-time equivalent experience, of the
following type(s) in the solid waste management field:
i. managing a solid waste facility;
ii. designing or engineering solid waste
facilities;
iii. inspecting solid
waste facilities; or
iv. other
solid waste experience regarding the operation or management of solid waste
facilities.
c.
Training. The third-party inspector shall have
successfully completed any training required by the Department.
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.
(d)
List of Registered Third-Party Inspectors.
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:
a. is
incomplete;
b. does not contain
information sufficient to demonstrate that the individual meets the minimum
qualifications set forth at 310 CMR 19.018(5) to conduct at least one of the
types of third-party inspections required therein; or
c. contains information that is not true,
accurate or otherwise contains false or misleading information.
(e)
Removal
from List or Change in Listed Qualification Status.
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:
a.
has submitted a qualifications statement that is not true, accurate or
otherwise contains false or misleading information;
b. has failed to meet one or more of the
requirements listed at 310 CMR 19.018(5)(a);
c. is no longer qualified to conduct one or
more types of third-party inspections;
d. has a pattern of conducting inspections
that do not meet the regulatory requirements; or
e. has a pattern of submitting reports that
do not meet the required standards.
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.
(f)
Reconsideration
and Appeal Rights.
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, ยง 14.
(6)
Performance Standards for a
Third-party Facility Operation and Maintenance Inspection.
(a)
General Performance
Standards.
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:
a.310 CMR 19.000;
b. the facility's operation and maintenance
plan;
c. orders or other
enforcement documents issued to the facility; and
d. other solid waste permits, approvals,
determinations and authorizations issued to the facility by the
Department.
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:
a. the status and condition of operating and
monitoring equipment, structures, appurtenances and devices related to the
solid waste activities carried out at the facility;
b. each operational aspect of the facility
related to solid waste handling, processing, recycling, storage and disposal,
including but not limited to:
i. vehicle
weighing and recording of scale data;
ii. tipping areas and the unloading of
incoming materials;
iii. inspection
and handling of incoming and outgoing waste, recyclable materials and other
materials regulated by the Department; and
iv. types and quantities of waste and
materials received or stored at the facility;
c. status of all facility record-keeping
required by;
i.310 CMR 19.000;
ii. the facility's operation and maintenance
plan;
iii. orders or other
enforcement documents issued to the facility; and
iv. other solid waste permits, approvals,
determinations and authorizations issued to the facility by the
Department;
v. provided that the
owner and operator may deny the third-party inspector access only to
confidential or proprietary business information;
d. material or waste handling areas and
equipment including storage areas for recyclable materials, waste or residue;
and
e. the condition of the
facility, including evidence of dust, litter, odors, and other nuisance
conditions, security measures such as fencing and gates, access roads marked
and maintained, storm water management controls and any management
system(s).
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:
a. Inspection days shall be
determined randomly from among the planned operating days of the facility
during the inspection period specified in 310 CMR 19.018(6)(b).
b. The third-party inspector shall keep the
selected dates of third-party inspections confidential and shall not notify the
owner or operator, or any employee or individual affiliated with or related to
the owner or operator, of such dates prior to arriving at the facility to
conduct a third-party inspection.
c. The third-party inspector shall postpone
any inspection for which the owner or operator or any of his or her employees
learns of the date of inspection in advance.
(b)
Frequency. The
owner and operator of a facility shall ensure that a third-party inspector
conducts a facility operation and maintenance inspection in accordance with the
following frequency and time intervals:
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;
a. At a facility permitted
to accept less than 50 tons, per day at least once every calendar year, with at
least four months between consecutive inspections; and
b. At a facility permitted to accept 50 tons
or more per day at least twice every calendar year, with at least two months
between consecutive inspections;
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.
(c)
Additional Performance Standards for a Third-party Facility
Operation and Maintenance Inspection of an Active Landfill.
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:
a. the operation and maintenance requirements
set forth at
310 CMR
19.130 and
310
CMR 19.131, as applicable;
b. the environmental monitoring requirements
(including, but not limited to, reporting frequencies) set forth at
310 CMR
19.132;
c. the requirements for maintenance of
environmental control and monitoring systems set forth at
310 CMR
19.133;
d. the landfill gas recovery facility
operation and maintenance requirements set forth at
310 CMR
19.121, if applicable; and
e. the applicable requirements of any
beneficial use determination(s) governing the beneficial use of solid waste at
the facility.
(d)
Additional Performance
Standards for a Third-party Facility Operation and Maintenance Inspection of
Closed Landfill.
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:
a. the landfill
post-closure requirements set forth at
310 CMR
19.142;
b. the conditions set forth in the facility's
closure permit(s);
c. the
conditions of any post-closure use permit(s); and
(e)
Additional Performance
Standards for a Third-party Facility Operation and Maintenance Inspection of
Handling Facility, Except C&D Waste Processing Facility or a C&D Waste
Transfer Station.
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:
a. the requirements for stormwater
controls, equipment and weighing facilities set forth at
310 CMR
19.205;
b. the operation and maintenance requirements
set forth at
310 CMR
19.207;
c. the applicable requirements of any
beneficial use determination(s) governing the beneficial use of solid waste at
the facility.
(f)
Additional Performance
Standards for a Third-party Facility Operation and Maintenance Inspection of a
C&D Waste Processing Facility or a C&D Waste Transfer
Station.
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:
a. the requirements for stormwater controls,
equipment and weighing facilities set forth at
310 CMR
19.205;
b. the operation and maintenance requirements
set forth at
310
CMR 19.206, if applicable, and
310 CMR
19.207;
c. the facility's suspect asbestos-containing
material (ACM) inspection and management protocol; and
d. the applicable requirements of any
beneficial use determination(s) governing the beneficial use of solid waste at
the facility.
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.
(g)
Additional Performance Standards for a Third-party Facility
Operation and Maintenance Inspection of a Combustion Facility. 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 combustion facility with:
(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.
(7)
Performance Standards for
Third-party Waste Ban Inspections.
(a)
General. The
owner and operator of a facility that has an approved waste ban compliance plan
pursuant to
310 CMR 19.017 shall
have the facility inspected by a qualified third-party waste ban inspector to
assess compliance with the waste bans at
310 CMR 19.017 by the
facility and by the haulers and generators delivering waste to the
facility.
(b)
Exemptions.
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
(c)
Performance
Standards.
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:
a. Visually monitor all incoming loads
received at the facility during the waste ban inspection;
b. Identify all failed loads received during
the waste ban inspection;
c. Record
all identified failed loads using photographs, weigh slips, and standardized
waste tracking forms provided by the Department. Such forms may include, but
are not limited to, hauler and generator information (to the extent known) and
the percentage of the load that is comprised of waste ban material(s);
and
d. Conduct a comparative
analysis of the percentage of failed loads identified by the third-party
inspector with the percentage of failed loads documented pursuant to the
facility's on-going load inspections conducted over the immediately preceding
inspection period.
3. A
third-party waste ban inspection shall be unannounced and randomly timed during
the facility's normal operating hours, as follows:
a. Inspection days shall be selected in
accordance with 310 CMR 19.018(7)(d).
b. The third-party inspector shall keep the
selected dates of third-party inspections confidential and not notify the owner
or operator, or any employee or individual affiliated with or related to the
owner or operator, of such dates prior to arriving at the facility to conduct a
third-party inspection.
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.
(d)
Frequency. The owner and operator of a facility shall
ensure that a third-party inspector conducts a waste ban inspection in
accordance with the following frequency and time intervals:
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:
a. at a facility permitted to accept
less than 50 tons of waste per day, at least once every calendar year, with at
least four months between consecutive inspections;
b. at a facility permitted to accept 50 tons
or more of waste per day, at least twice every calendar year, with at least two
months between consecutive inspections;
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.
(e)
Minimum Loads.
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:
a. For a facility
permitted to accept from 1 to 99 tons of waste per day, four vehicle
loads;
b. For a facility permitted
to accept greater than 99 but less than or equal to 299 tons per day, eight
vehicle loads;
c. For a facility
permitted to accept greater than 299 but less than or equal to 499 tons per
day, 12 vehicle loads;
e. For a
facility permitted to accept greater than 499 but less than or equal to 999
tons per day, 16 vehicle loads; or
f. For a facility permitted to accept more
than 999 tons per day, 20 vehicle loads.
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.
(8)
Third-party
Inspection Reports, Record-keeping Requirements and Procedures.
(a)
Third-party Inspector Report
Submittal and Certificatin Requirements. A third-party inspector
who has performed a third-party inspection pursuant to 310 CMR 19.018 shall:
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:
(a) I
have personally examined and am familiar with the information contained in this
submittal, including any and all documents accompanying this certification
statement;
(b) based on my inquiry
of those persons responsible for obtaining the information, the information
contained in this submittal is, to the best of my knowledge, true, accurate,
and complete;
(c) have been able to
conduct the third-party inspection and prepare the third-party inspection
report without being influenced by the facility owner or operator and, [if the
third-party inspector is a municipal employee,] by his or her municipal
employer, by any co-worker or by any elected or appointed official of the
municipality; and
(d) I am aware
that there are significant penalties, including, but not limited to, possible
administrative and civil penalties for submitting false, inaccurate, or
incomplete information and possible fines and imprisonment for knowingly
submitting false, inaccurate, or incomplete information; and
3. submit to the owner
and operator such third-party inspection report.
(b)
Third-party Inspector Report
Content Requirements.
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:
a. any deviation from compliance with the
operation and maintenance requirements contained in the applicable requirements
set forth at 310 CMR 19.018(6) through (7);
b. the status and condition of operating and
monitoring equipment, structures, appurtenances and devices;
c. the status and condition of each
operational aspect of the facility, including but not limited to, waste
handling, processing, recycling, storage and disposal of waste and
materials;
d. a summary of all
waste and materials received by and handled at the facility, including all
loads identified and rejected during the applicable inspection period specified
at 310 CMR 19.018(6)(b) or (7)(d);
e. the status of the facility's compliance
with applicable record-keeping requirements;
f. the estimated volumes of all materials and
wastes stored at the facility at the time of the inspection;
g. the analytical results of all sample(s)
collected by the third-party inspector during the inspection, including chain
of custody documentation (e.g., for suspect ACM sampling at
C&D waste processing facilities);
h. the condition of the facility, including
but not limited to evidence of dust, litter, odors, and other nuisance
conditions, security measures such as fencing and gates, property marked and
maintained, access roads, and storm water management controls and leachate
management systems;
i. any
corrective action(s) proposed by the third-party inspector to be taken by the
owner or operator, with recommended schedules for implementing the corrective
action(s); and
j. any additional
information as required by the Department on a facility-specific
basis.
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:
a. any deviation from
compliance with the waste bans at
310 CMR 19.017 by the
facility or haulers and generators delivering waste to the facility;
and
b. a comparative analysis of
the percentage of failed loads identified by the third-party inspector and the
percentage of failed loads documented pursuant to the on-going load inspections
conducted over the immediately preceding inspection period in accordance with
the facility's approved waste ban compliance plan.
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.
(c)
Owner and Operator
Requirements.
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:
a. a written report documenting the
completion of the corrective action(s);
b. documentation or explanation why
corrective action is not needed; or
c. a plan and schedule for completing the
corrective action(s), on a form provided by the Department. The owner or
operator may elect to correct deviations identified in the third-party
inspection report in a manner that is different than that recommended by the
third-party inspector, so long as the facility is brought back into compliance
with applicable requirements.
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.
Notes
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No prior version found.