310 CMR 30.232 - Class B(1) Permits and Permit Applications

(1) Any person wishing to recycle Class B(1) regulated recyclable material in compliance with a Class B(1) permit shall apply to the Department for a Class B(1) permit to do so. The application shall be on a form acceptable to the Department. In addition to what is set forth in 310 CMR 30.204, the application shall include:

(a) The names, addresses, and EPA identification numbers of all generators generating the material to be recycled, and

(b) The location of the recycling, if it is not the given address of the recycler, and

(c) A complete description of the material to be recycled, including any hazardous constituent listed in 310 CMR 30.160 present in a concentration greater than 1.0 mg/kg (dry weight) and not ordinarily present in the material when in commercial distribution, and

(d) A complete description of the proposed method of use, specifically including, without limitation, any departures from the ordinary method of use or the method approved by the manufacturer, and

(e) A complete description of all sensitive receptors and environmentally sensitive activities at or near the site of use, including, without limitation residences, schools, and drinking water supplies.

(2) Conditions imposed pursuant to 310 CMR 30.202(2), the general conditions set forth in 310 CMR 30.205 and 310 CMR 30.206, and the provisions set forth in 310 CMR 30.231 shall apply to each Class B(1) permit, regardless of whether or not such conditions are written into the permit. Permittees shall comply with such conditions whether or not they are written into the permit. Failure to comply shall be grounds for an enforcement action, including, without limitation, permit suspension or revocation.

(3) Any person who wishes to recycle, at a facility outside of Massachusetts, Class B(1) regulated recyclable material generated in Massachusetts shall apply to the Department to be considered a designated facility for the purpose of receiving Class B(1) regulated recyclable material. The application shall be on a form acceptable to the Department. In addition to what is set forth in 310 CMR 30.204, the application shall include:

(a) The names, addresses and EPA identification numbers of the generators located in Massachusetts from whom the recycler intends to obtain regulated recyclable material, and

(b) A statement that

1. the State in which the recycling would be done, if applicable, or the EPA, has approved such recycling, or

2. approval of the recycling is not required by State or Federal law in effect where the recycling would be done.

Notes

310 CMR 30.232