310 CMR, § 30.801 - Who Must Have a License

No person shall transport, use, collect, store, treat, or dispose of hazardous waste or construct, operate or maintain any facility for the use, storage, treatment, or disposal of hazardous waste, unless said person has applied for and obtained, and has in effect, a valid license issued by the Department pursuant to M.G.L. c. 21C and 310 CMR 30.000, except that a license is not required for the following:

(1) The accumulation of hazardous waste at the site of generation by the generator thereof for up to and including 90 days, as provided in 310 CMR 30.340.

(2) Accumulation by a small quantity generator in compliance with 310 CMR 30.351, or by a very small quantity generator in compliance with 310 CMR 30.353, or by a generator who is in compliance with 310 CMR 30.222(4).

(3) Treatment which is an integral part of a manufacturing process at the point of generation.

(4) Municipal or industrial wastewater treatment facilities which are permitted pursuant to M.G.L. c. 21, § 4 3.

(5) The handling, treating, storing, use, processing or disposing of infectious hazardous waste which is regulated by the Department of Public Health pursuant to M.G.L. c. 111, §§ 3 and 51 through 56.

(6) The holding of manifested shipments of hazardous waste in transit in compliance with the requirements of 310 CMR 30.408.

(7) The emergency containment or treatment of a hazardous waste or hazardous material which becomes a waste at the time of the spill.

(8) The transport of hazardous waste by certain interstate carriers exempted pursuant to 310 CMR 30.401(4).

(9) The transport of hazardous waste by any air or rail transporter subject to regulation by the DOT.

(10) The transport of hazardous waste by bulk shipment water transporter subject to regulation by the U.S. Coast Guard.

(11) The exemptions from the requirement to obtain a license provided in 310 CMR 30.801(11), 310 CMR 40.0031(3) and 40.0041(4) shall apply, subject to the following provisions. In the event of any inconsistency between 310 CMR 30.801(11) and 310 CMR 40.0031(3) or 40.0041(4), the provisions of 310 CMR 30.801(11) shall govern.

(a) No license shall be required for any emergency action initiated or ordered by the Department or by a court of competent jurisdiction and conducted by the Department or a contractor authorized by the Department to secure a site where hazardous waste has been deposited or abandoned. Emergency action shall mean the actions specified in 40 CFR 270.1(c)(3)(i).

(b) No license shall be required for any remedial action ordered by a court of competent jurisdiction or ordered by the Department through issuance of an enforceable order, provided that the applicable substantive requirements from 310 CMR 30.000 governing any activities that would have required a license are instead included in the court or administrative order. The Department will provide an opportunity for public comment on any order being utilized in place of a license. Remedial action is defined in 310 CMR 40.0006: Terminology, Definitions and Acronyms.

(c) No license shall be required for any response action involving remediation waste from a disposal site which is conducted within the boundaries of that same disposal site in compliance with the provisions of 310 CMR 40.0000: Massachusetts Contingency Plan with the following exceptions:

1. The combustion of Hazardous Waste shall be subject to a License under 310 CMR 30.801(11), as well as an Air Quality permit pursuant to 310 CMR 7.08(4): Hazardous Waste Incinerators. Combustion means incineration as defined in 310 CMR 30.010 and any other thermal destruction of hazardous waste. However, the flaring of an uncompressed gaseous material which is not itself a hazardous waste (e.g., the flaring of methane gas from landfills or the flaring of off-gas emissions from thermal oxidation units) is not considered to involve the combustion of Hazardous Waste subject to a license under these regulations if the flaring results from a remedial activity, the gaseous materials are collected in an enclosed system at the site of generation, and the operations is conducted in compliance with all applicable Air Quality requirements including any permit required pursuant to 310 CMR 7.08(4): Hazardous Waste Incinerators.

2. A license for other response actions may be required by the Department pursuant to 310 CMR 40.0033(5).

3. Response action and remediation waste are defined in 310 CMR

(12) The storage, treatment, or disposal of hazardous wastes containing polychlorinated biphenyls (PCBs) in concentrations equal to or greater than 50 parts per million by facilities which meet all the requirements in 310 CMR 30.501(3)(a) through (c) and 310 CMR 30.708.

(13) The operation of a research, development, and/or demonstration facility having a valid permit issued by the EPA pursuant to § 3005(g) of RCRA and a valid approval issued by the Department pursuant to 310 CMR 30.863, provided that the facility is operated in full compliance with the terms and conditions of the permit issued by the EPA, the approval issued by the Department, and all applicable provisions of 310 CMR 30.000.

(14) the handling of the wastes listed at 310 CMR 30.143(2) in compliance with 310 CMR 30.1000 by universal waste handlers and universal waste transporters.

(15) The accumulation of unwanted material and hazardous waste in the laboratories of an eligible academic entity that chooses to be subject to 310 CMR 30.354, provided the laboratories comply with the provisions of 310 CMR 30.354 and the eligible academic entity has a Laboratory Management Plan in accordance with 310 CMR 30.354(14) that describes how the laboratories owned by the eligible academic entity will comply with the requirements of 310 CMR 30.354.

(16) The elementary neutralization of corrosive hazardous waste at the site of generation in an elementary neutralization unit provided that the generator is in compliance with 310 CMR 30.1103.

Notes

310 CMR, § 30.801

Amended by Mass Register Issue 1522, eff. 5/24/2024.