310 CMR 19.000 is promulgated by the Commissioner and the Department of Environmental Protection pursuant to the authority granted by St. 1987, c. 584, M.G.L. c. 21A, §§ 2 and 8 and c. 111, § 150A.

310 CMR 19.000 is intended to protect public health, safety and the environment by comprehensively regulating the storage, transfer, processing, treatment, disposal, use and reuse of solid waste in Massachusetts. Protection of public health, safety and the environment is primarily the prevention of pollution from the site, but also encompasses the operation of the facility within an integrated solid waste management system which maximizes material reuse and the conservation of energy.

310 CMR 19.000 shall apply to all solid waste management activities and facilities including, without limitation, landfills, dumping grounds, transfer stations, solid waste combustion facilities, solid waste processing and handling facilities, recycling facilities, refuse composting facilities and other works or sites for the storage, transfer, treatment, processing or disposal of solid waste and the beneficial use of solid waste.

It is hereby declared that the provisions of 310 CMR 19.000 are severable, and if any provision hereof or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of 310 CMR 19.000, and the application thereof to persons or circumstances which can be given effect without the invalid provision or application.

Unless otherwise specifically provided by law or 310 CMR 19.000, any determination issued pursuant to 310 CMR 19.000, or any time period prescribed or referred to in 310 CMR 19.000 shall begin with the first day following the act which initiates the running of the time period, and shall include every calendar day, including the last day of the time period so computed. If the last day is a Saturday, Sunday, legal holiday, or any other day in which the Department's offices are closed, the deadline shall run until the end of the next business day. If the time period prescribed or referred to is six days or less, only days when the offices of the Department are open shall be included in the computation.

Access Road means a roadway or course providing access to a facility, or areas within a site assigned area, from a public way or other road that is not under the control of the operator.

Adverse Impact means an injurious impact which is significant in relation to the public health, safety, or environmental interest being protected.

Agricultural Waste means discarded organic materials produced from the raising of plants and animals as part of agronomic, horticultural or silvicultural operations, including, but not limited to, animal manure, bedding materials, plant stalks, leaves, other vegetative matter and discarded by-products from the on-farm processing of fruits and vegetables.

Airport means any air navigation facility certificated by the Massachusetts Aeronautics Commission (MAC) under provisions of M.G.L. c. 90, and airports operated by the Massachusetts Port Authority.

Airport Zone means the area surrounding an airport that is within 10,000 feet (3,048 meters) of any airport runway used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway used by only piston type aircraft.

Applicant means the person named in the application as the owner of a property interest in the site or the operator of the proposed facility where the owner has entered into an agreement with an operator at the time the application is filed.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Ash means the residual by-product of a thermal combustion/reduction process, including all ash fractions (bottom, fly, boiler and economizer ash).

Asbestos waste means any material containing one percent or more asbestos by weight and anything contaminated with asbestos such as asbestos from pollution control devices, bags or containers that previously contained asbestos, contaminated clothing, materials used to enclose a work area during a demolition/renovation operation, and demolition/renovation debris. As defined here asbestos waste includes, but is not limited to, "asbestos containing material" and "asbestos containing waste materials" as defined in 310 CMR 7.00.

Backyard Composting means the composting of organic solid waste, such as grass clippings, leaves or brush generated by a homeowner or tenant of a single or multi-family residential unit or an apartment complex unit, where composting occurs at that dwelling place.

Bedrock means cemented or consolidated earth materials exposed on the earth's surface or underlying unconsolidated earth materials.

Beneficial Use means the use of a material as an effective substitute for a commercial product or commodity.

Bird Hazard means a hazard to aircraft created by an increase in the likelihood of bird/aircraft collisions.

Board of Health means the legally designated health authority of the city, town or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health of a city or town, or its authorized agent or representative; provided, that in any case in which a waste disposal facility extends into the geographic areas of two or more boards of health, said boards may coordinate activities in effecting compliance with 310 CMR 19.000 for the management of solid wastes.

Bulky Wastes means waste items of unusually large size including but not limited to large appliances, furniture, large auto parts, stumps, trees, branches, brush.

Cathode Ray Tube (CRT) means any intact, broken, or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes.

Cell means a discrete portion of a landfill that contains or is designed to contain compacted solid waste enclosed by natural soil or other non-waste materials.

Combustion Facility means a facility employing an enclosed system using controlled flame combustion, the primary purpose of which is to thermally break down solid wastes, producing ash that contains little or no combustible materials.

Closure means the act or process of deactivating a facility in compliance with the approved facility final closure plan and applicable closure requirements.

Commercial Solid Waste means all types of solid waste generated by stores, offices, institutions, restaurants, warehouses, and other non-manufacturing activities, or similar types of solid waste generated from manufacturing operations. "Commerical Solid Waste" does not include solid waste generated in a residence or in a manufacturing or industrial process.

Commissioner means the Commissioner of the Department of Environmental Protection or his or her designee.

Compostable Material means an organic material, excluding waste water treatment residuals, that has the potential to be composted, which is pre-sorted and not contaminated by significant amounts of toxic substances.

Composting means a process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used.

Composite Liner means a liner composed of two low permeability layers where the upper layer consists of a low permeability synthetic material in direct contact with the lower layer consisting of a low permeability soil.

Construction and Demolition Waste means the waste building materials and rubble resulting from the construction, remodeling, repair or demolition of buildings, pavements, roads or other structures. Construction and demolition waste includes but is not limited to, concrete, bricks, lumber, masonry, road paving materials, rebar and plaster.

Cover Material means soil or other materials that can be placed in one or more layers over solid waste for control of vectors, fires, odors, percolation of water into a landfill, grading, support of vegetation and related environmental or engineering purposes.

Current Operations means those areas of a solid waste management facility which had been filled with refuse, were in active use for management of solid wastes or were under construction as of July 1, 1990.

Department means the Department of Environmental Protection.

Discharge means the accidental or intentional spilling, leaking, pumping, emitting, emptying, dumping or placement of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.

Disposal means the final dumping, landfilling or placement of solid waste into or on any land or water or the incineration of solid waste.

Disposal Facility means any solid waste combustion facility rated by the Department at more than one ton per hour or any landfill.

Downgradient means:

Dumping Ground means a facility or place used for the disposal of solid waste from one or more sources which is not established or maintained pursuant to a valid site assignment or permit in accordance with M.G.L. c. 111, § 150A, 310 CMR 16.00 or 310 CMR 19.000.

Equipment means any item of machinery or implement used in the operation or maintenance of a facility.

Existing Facility means a facility which, pursuant to a valid site assignment and Departmental approval, was either:

Expansion means, in the case of combustion facilities and handling facilities, an increase in the waste handling, treatment or processing capacity beyond the tonnage limits approved in the permit; and, in the case of landfills, a horizontal or vertical increase in the size of a facility beyond the horizontal or vertical limits specified or approved in the permit.

Facility means an established site or works, and other appurtenances thereto, which is, has been or will be used for the handling storage, transfer, processing, treatment or disposal of solid waste including all land, structures and improvements which are directly related to solid waste activities.

Fault means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to those on the other side.

Floodplain means an area which floods from a rise in a bordering waterway or waterbody and is the maximum lateral extent of flood water which will result from the statistical 100 year frequency storm. This boundary shall be determined using the data available through the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA), except where the Department determines that more accurate information is available.

Geologic Formation means the basic stratigraphic unit which is a mappable lithologic entity characterized by a particular rock type or types.

Ground Water means water below the land surface in a saturated zone.

Groundwater Protection System means an engineered system that may include without limitation, liners and barrier structures; leachate collection, storage and disposal systems; drainage systems and/or other technologies intended to prevent the migration of leachate into and contamination of the groundwater.

Handling Area means an area used for the transfer, storage, processing or treatment of solid waste, excluding weigh stations or access roads.

Handling Facility means any facility that is not a disposal facility, for example transfer stations, storage facilities and other facilities used primarily for the storage, processing or treatment of solid waste. ("Handling facility" includes recycling facilities and composting facilities that are required to obtain a site assignment pursuant to 310 CMR 16.05.)

Hazardous Waste means any waste that is defined and regulated under 310 CMR 30.00:   Hazardous Waste , as may be amended.

Holocene means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.

Household Hazardous Waste means hazardous waste generated by households but which is not subject to the Hazardous Waste Regulations pursuant to 310 CMR 30.104(6), except as provided in 310 CMR 30.390, or as amended.

Hydrogeologic Study means a detailed study designed to define and assess the geologic and hydrologic character of a given area focusing on existing or potential water quality impacts.

Infectious waste means "Infectious Waste or Physically Dangerous Medical or Biological Waste" as defined in 105 CMR 480.000, Department of Public Health, State Sanitary Code and includes: blood and blood products; pathological waste; cultures and stocks of infectious agents and associated biologicals; contaminated animal carcasses, body parts and bedding; sharps; and biotechnological by-product effluents.

Interim Wellhead Protection Area (IWPA) means an area extending to a 1/2 mile radius from a public water supply wellhead which is intended to protect the wellhead pending the delineation of its Zone II.

Landfill means a facility or part of a facility established in accordance with a valid site assignment for the disposal of solid waste into or on land.

Leachate means a liquid that has passed through or emerged from solid waste and which may contain soluble or suspended material from such waste.

Leak Detection System means a secondary leachate collection system or other means that can both detect the presence of leachate which has leaked through the primary liner and identify the area of the primary liner through which the leachate has leaked.

Liner means an engineered layer or layers of recompacted soils and/or synthetic materials designed to restrict the movement of leachate into ground water and to facilitate the collection of leachate. "Liner" may refer to one or more low permeability layers in a ground water protection system.

Lithified Earth Material means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil or regolith lying at or near the earth surface.

Lower Explosive Limit (LEL) means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at 25°C and atmospheric pressure.

Maintain means to establish, keep or sustain the presence of a facility on a site, whether or not such facility is in operation or has been closed.

Maximum High Groundwater Table means the highest seasonal elevation of the surface of the Zone of Saturation that has been historically documented or calculated.

Maximum Horizontal Acceleration in Lithified Earth Material means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90% or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H, as amended.

MEPA Process means an environmental review process required for projects subject to the Massachusetts Environmental Policy Act Regulations, 301 CMR 11.00.

Monitor means to systematically measure, inspect and/or collect data on the performance of a facility or on its existing or potential impact on the land, air, ground and surface waters.

Monitoring Well means a well designed to facilitate the down-hole measurement of groundwater and/or gas levels and the collection of groundwater and/or gas samples.

Municipal Solid Waste means any residential or commercial solid waste.

New Facility means any solid waste management facility which had not commenced construction prior to July 1, 1990. ( See also "Existing Facility" and "Solid Waste Management Facility")

Open Burning means burning under such conditions that the products of combustion are emitted directly to the ambient air space and are not conducted thereto through a stack, chimney, duct, or pipe. Open burning includes above or underground smoldering fires.

Open dump means a facility which is operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a)(b)) as amended, or the regulations and criteria promulgated thereunder relative to solid waste disposal.

Operator means any person who has care, charge or control of a facility subject to 310 CMR 19.000, including without limitation, an agent, lessee of the owner or an independent contractor.

Opportunity to Recycle or Compost means financial or operational participation in a coordinated recycling or composting program between the applicant and the applicant's waste sources.

Owner means any person who alone or in conjunction with others has legal ownership, a leasehold interest, or effective control over such property interests, the real property upon which a facility is located, or the airspace above said real property; "owner" does not mean persons holding bare legal title for the purpose of providing security for financing.

Person(s) means any individual, partnership, association, firm, company, corporation, department, agency, group, public body (including a city, town, district, county, authority, state, federal, or other governmental unit) or any other entity responsible in any way for an activity subject to 310 CMR 19.000.

Pollution means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of any material which, because of its quantity, concentration or other characteristics, does or may result in an adverse impact to human, plant or animal life or to property, or may unreasonably interfere with the comfortable enjoyment of life or property.

Post-Closure means a finite period of time commencing after the closure of a facility has been completed and approved by the Department, during which the Department may require site monitoring, care and maintenance.

Post-Consumer Recyclables means the following materials which have served their intended end use and have been pre-sorted:

Potential Private Water Supply means a Class I aquifer as defined in 314 CMR 6.03:   Ground Water Quality Standards , as may be amended, capable of yielding water of sufficient quality and quantity which is located under a parcel of land that at the time of the earlier of the following two filings, the Site Assignment Application or, where applicable, the Massachusetts Environmental Policy Act Environmental Notification Form, is:

Potential Public Water Supply means a drinking water source which, at the time of the earlier of the following two filings, the Site Assignment Application, or where applicable, the Massachusetts Environmental Policy Act Environmental Notification Form, has been determined to be capable of yielding water of sufficient quality and quantity for future development as a public water supply, and either:

Pre-Sort means to segregate a material for reuse, recycling or composting by preventing the material from being commingled with solid waste at the point of generation or to separate and recover the material from solid waste at a processing facility. Pre-sorting does not require the recovery or separation of non-recyclable components that are integral to a recyclable product ( e.g. insulation or electronic components in white goods).

Primary Leachate Collection System means the uppermost leachate collection system.

Primary Liner means the uppermost liner in a ground water protection system composed of two or more liners.

Private Water Supply means a well used as a source of drinking water supplying a non-public water system with any volume of groundwater from any source.

Processing means the use of any method, technique or process to reduce the volume or alter the physical characteristics of solid waste or recyclable or compostable materials through any means, including, without limitation, separating, baling, shredding, crushing or reworking.

Public Water Supply means a source of drinking water supplying a public water system as defined in 310 CMR 22.00, as may be amended.

QA/QC means quality assurance/quality control.

Recharge Area means an area through which water enters an aquifer. See "Zone II".

Recyclable or Recyclable Material means a material that has the potential to be recycled and which is pre-sorted and not contaminated by significant amounts of toxic substances.

Recycle means to recover materials or by-products which are:

Refuse means solid waste.

Residue means all solid waste remaining after treatment or processing and includes, without limitation, ash, material which is processed for recycling or composting but is unmarketable or speculatively accumulated due to its inferior quality and other solid waste which is not recovered. Non-recyclable material which is integral to a pre-sorted recyclable product shall not constitute residue for the purpose of calculating residue generation rates.

Restricted Materials means any material subject to a waste restriction under 310 CMR 19.017.

Saturated Zone or Zone of Saturation means the area beneath the land surface in which the voids in the rock or soil are filled with water.

Secondary Leachate Collection System means the leachate collection system lying between the uppermost or primary liner and the secondary liner and is designed to collect leachate which has leaked through the primary liner.

Secondary Liner means the liner that is below the uppermost or primary liner and is separated from the primary liner by a leachate collection system in a ground water protection system composed of two or more liners.

Secretary means the Secretary of the Executive Office of Environmental Affairs.

Seismic Impact Zone means an area with a 10% or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull, will exceed 0.10g in 250 years.

Site means any building, structure, place or area where solid waste is or will be stored, transferred, processed, treated, disposed, or otherwise come to be located.

Site Assignment means a determination by a board of health or by the Department as specified in M.G.L. c. 111, § 150A that:

Sludge means the accumulated solids and/or semisolids deposited or removed by the processing and/or treatment of gasses, water or other fluids.

Sole Source Aquifer means an aquifer so designated by the U.S. Environmental Protection Agency, or by the Department under the authority of a state program as may be established, that supplies 50% or more of the drinking water for the aquifer service area, and the volume of water which could be supplied by alternative sources is insufficient to replace the petitioned aquifer should it become contaminated.

Solid Waste or Waste means useless, unwanted or discarded solid, liquid or contained gaseous material resulting from industrial, commercial, mining, agricultural, municipal or household activities that is abandoned by being disposed or incinerated or is stored, treated or transferred pending such disposal, incineration or other treatment, but does not include;

Solid Waste Management Facility [ See "Facility"]

Special Waste means any solid waste that is determined not to be a hazardous waste pursuant to 310 CMR 30.000 and that exists in such quantity or in such chemical or physical state, or any combination thereof, so that particular management controls are required to prevent an adverse impact from the collection, transport, transfer, storage, processing, treatment or disposal of the solid waste.

Storage means the temporary containment of solid waste or compostable or recyclable materials in a manner which does not constitute disposal.

Storage Facility means a handling facility where solid waste is temporarily stored in a manner not constituting disposal.

Surface Water means all bodies of water natural or artificial, inland or coastal, fresh or salt, public or private within the territorial limits of the Commonwealth of Massachusetts.

Tires means a continuous solid or pneumatic rubber covering intended for use on a motor vehicle.

Transfer Station means a handling facility where solid waste is brought, stored and transferred from one vehicle or container to another vehicle or container for transport off-site to a solid waste treatment, processing or disposal facility.

Treatment means the use of any method, technique or process to change the chemical, or biological character or composition of any solid waste; to neutralize such waste; to render such waste safer to transport, store or dispose; or make such waste amenable to recovery, storage or volume reduction.

Upgradient means:

Unsaturated Zone means the zone between the land surface and the nearest saturated zone.

Unstable Area means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas include, but are not limited to, areas providing inadequate foundation support and areas of mass movement including landslides, avalanches, debris slides and flows, block sliding and rock fall.

Vector means an organism that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.

Water Table means the upper elevation of the surface of the saturated zone.

Wetlands means any land or water area subject to M.G.L. c. 131, § 40 or resource areas regulated pursuant to 310 CMR 10.00.

White Goods means an appliance employing electricity, oil, natural gas or liquified petroleum gas to supply heat or motive power to preserve or cook food, to wash or dry clothing, cooking or kitchen utensils or related items or to cool or heat air or water.

Wood waste means discarded material consisting of trees, stumps, and brush, including but not limited to sawdust, chips, shavings and bark. Wood waste does not include new or used lumber or wood from construction and demolition waste and does not include wood pieces or particles containing or likely to contain asbestos, chemical preservatives such as creosote or penta- chlorophenol, or paints, stains or other coatings.

Yard Waste means deciduous and coniferous seasonal deposition ( e.g. , leaves), grass clippings, weeds, hedge clippings, garden materials and brush.

Zone II means that area of an aquifer which contributes water to a well under the most severe recharge and pumping conditions that can be realistically anticipated ( i.e. , pumping at the safe yield of the well for 180 days without any natural recharge occurring); it is bounded by the groundwater divides which result from pumping the well and by contact of the edge of the aquifer with less permeable materials such as till and bedrock. At some locations, streams and lakes may form recharge boundaries. For the purposes of 310 CMR 19.000, a Zone II area is one which has been defined and delineated in accordance with the Department's Division of Water Supply Guidelines for Public Water Systems , September, 1984 Supplement to the 1979 edition or the most recent version thereof.

The Department may from time to time without prior notice make examinations and evaluations of solid waste management facilities to determine and enforce compliance with 310 CMR 19.000. The owner or operator shall in no way restrict, impede, or delay such inspections when performed by a representative of the Department upon presentation of Department issued identification.

(1)    Accurate Submittals . No person shall make any false, inaccurate, or misleading statement in any application, document, information or statement which that person submits or is required to submit to the Department pursuant to 310 CMR 19.000, or any permit, order or approval issued by the Department.

(2)    Timely Submittals . Any application, document, information or statement which any person is required to submit to the Department shall be submitted within the time period prescribed in 310 CMR 19.000, or any permit, order or approval issued by the Department unless otherwise specified by the Department.

No person shall make any false or misleading statement in any record, report, plan, file, log, or register which that person keeps or is required to keep, pursuant to 310 CMR 19.000, or any permit, order, or approval issued by the Department. Any record keeping which any person is required to perform shall be promptly, fully, and accurately performed and shall otherwise be in compliance with 310 CMR 19.000, and any permit, order or approval issued by the Department.

No person shall falsify, tamper, or render inaccurate any monitoring device or method which any person maintains, or which is required to be maintained pursuant to 310 CMR 19.000, or any permit, approval or order issued by the Department. Any monitoring which any person is required to perform shall be promptly, fully and accurately performed and shall otherwise be in compliance with 310 CMR 19.000, and any order, permit or approval issued by the Department.

(1)    Certification . Any person, required by 310 CMR 19.000 or any order issued by the Department, to submit papers shall identify themselves by name, profession, and relationship to the applicant and legal interest in the facility, and make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties both civil and criminal for submitting false information including possible fines and imprisonment."

(2)    Engineering Supervision . All papers pertaining to design, operation, maintenance, or engineering of a site or a facility shall be completed under the supervision of a registered professional engineer knowledgeable in solid waste facility design, construction and operation and shall bear the seal, signature and discipline of said engineer. The soils, geology, air modeling, air monitoring and groundwater sections of an application or monitoring report shall be completed by competent professionals experienced in the fields of soil science and soil engineering, geology, air modeling, air monitoring and groundwater, respectively, under the supervision of a registered professional engineer. All mapping and surveying shall be completed by a registered surveyor.

(1)    Burden . Where an applicant is seeking a permit, determination, authorization or approval from the Department the applicant has the burden of establishing, on the basis of credible evidence from a competent source, such facts as are necessary to meet the conditions and criteria set forth in the applicable provisions of 310 CMR 19.000.

(2)    Additional Information . In addition to such submissions as the applicant may make, the Department may accept and rely upon credible evidence from other competent sources.

(1)    Facilities and Operations Not Subject to 310 CMR 19.000 . Facilities and operations exempted from site assignment by the Site Assignment Regulations, 310 CMR 16.05, are exempted from the requirements of 310 CMR 19.000.

(2)    Permit Exemptions for Facilities Undertaking Actions Pursuant to M.G.L. c. 21E . Solid waste management facilities undertaking an emergency action or remedial action pursuant to M.G.L. c. 21E, and the regulations promulgated thereunder, shall not be required to obtain any additional permits or authorizations pursuant to 310 CMR 19.000, in order to carry out the actions ordered or directed by the Department pursuant to M.G.L. c. 21E and any regulations or policies promulgated thereunder.

No person shall establish, construct, operate or maintain a dumping ground or operate or maintain a landfill in such manner as to constitute an open dump. For the purpose of 310 CMR 19.014, the phrase "establish, construct, operate or maintain" shall include without limitation, disposing or contracting for the disposal of refuse in a dumping ground or open dump.

No person shall construct, modify, operate or maintain a facility except in compliance with a site assignment, permit or plan approved by the board of health or the Department, as applicable, and any authorizations issued by the Department and all conditions included in a permit, approval or authorization for said facility.

No Person shall use a solid waste management facility site for any purpose other than that established in the permit or plan approval after closure without first obtaining Departmental approval.

(2)    General and Specific Restrictions . Where the Department makes a determination to restrict or prohibit the disposal, or transfer for disposal, of a particular material it may:

Table 310 CMR 19.017(5)

(6)    Exceptions . The Department may allow a facility or person to temporarily dispose or temporarily contract for the disposal of restricted materials, with prior notification and approval of the Department, under the following circumstances:

(7)    Compliance with a Restriction or Prohibition . Failure to comply with approved plans submitted pursuant to 310 CMR 19.017(5) or applicable permit conditions shall constitute a violation of 310 CMR 19.000. The Department may allow de minimis quantities of restricted materials, as determined by the Department, to be disposed by the facility. The Department may, in lieu of an enforcement action described in 310 CMR 19.081, require a modified plan to be submitted when restricted materials are being disposed of in excess of approved amounts.

Permit Requirements for Construction and Operation of Solid Waste Management Facilities . Except as allowed under 310 CMR 19.021, no person shall construct, operate or maintain a facility to store, process, transfer, treat or dispose of solid waste except in accordance with:

(1)   a valid site assignment;

(2)   a solid waste management facility permit (hereafter permit), issued in accordance with 310 CMR 19.000;

(3)   an authorization to construct the facility issued by the Department in accordance with 310 CMR 19.041; and

(4)   an authorization to operate the facility issued by the Department in accordance with 310 CMR 19.042.

(1)    Continued Operation and Maintenance of Existing Facilities . After July 1, 1990 and until an existing approval or permit expires in accordance with 310 CMR 19.021(2) an existing facility may continue to operate and conduct the solid waste activities approved under its prior approval or permit provided:

(2)    Expiration of Existing Approvals or Permits . Plan approvals and permits granted by the Department prior to July 1, 1990 (prior approval or permit) shall no longer be valid when:

(3)    Existing Facility Filing Schedule . Except as specified under 310 CMR 19.021(4), Inactive Landfill Facility Filing Schedule, facilities shall file with the Department as follows:

(4)    Inactive Landfill Facility Filing Schedule

(5)    Pending Actions . Nothing in this section shall modify any Departmental action or order, or any order or judgment of a court of competent jurisdiction pending or final prior to July 1, 1990 or the scope or timetable for performance contained in such judgment or order; or limit the right of the Department to issue administrative orders or penalties or seek court actions based on conditions existing prior to July 1, 1990.

(1)    Existing Landfills .

(2)    Existing Combustion Facilities and Handling Facilities .

(1)    General . The Department hereby grants a permit and an Authorization to Operate to certain existing transfer stations, subject to the application and other requirements specified in 310 CMR 19.023.

(2)    Applicability . An application for a permit pursuant to 310 CMR 19.023, may only be made by existing transfer stations that were in operation on July 1, 1990 and are not located in an area described in 310 CMR 19.038(2)(b)1. or 2. [IWPAs and Zone IIs]. All other existing transfer stations shall apply for a permit pursuant to 310 CMR 19.021(3).

(3)    Permit Requirements . Any existing transfer station applying for a permit under 310 CMR 19.023 shall meet each of the following requirements. Any transfer station which does not conform to each of the following provisions does not qualify for a permit pursuant to 310 CMR 19.023 and is subject to the permitting process set forth at 310 CMR 19.032 or 19.037, as applicable.

(4)    Additional Information . Notwithstanding the provisions at 310 CMR 19.023(3), the Department may notify the applicant that additional data must be submitted or further actions taken before a permit will be granted. In addition, the Department may impose such conditions as it deems necessary in accordance with 310 CMR 19.043.

(5)    The Permit . Where each of the requirements set forth at 310 CMR 19.023(3) are met at the time of application, a valid plan approval or permit issued prior to July 1, 1990 shall be considered a valid permit and Authorization to Operate pursuant to 310 CMR 19.000, for all purposes herein.

(1)    General . Any person intending to construct, operate or maintain a solid waste management facility shall file an application for a solid waste management facility permit (permit). Applications shall consist, at minimum, of the plans, descriptions, reports and other information required in 310 CMR 19.030(3), (4), or (5).

(2)    Facility Specific Plans . In addition to the plan requirements set forth in 310 CMR 19.030(3), the applicant for a new facility shall submit such additional or alternative information as required in other Parts of 310 CMR 19.000 governing the permitting of specific types of solid waste management facilities.

(3)    Application . An application for a new solid waste management facility permit shall include:

(4)    Permit Application Requirements for Existing Facilities .

(5)    Registration for Handling Facilities . Registration for an existing handling facility shall include:

(6)    Filing and Confidentiality .

(7)    Variance . The application shall clearly state whether a variance is requested, as provided in 310 CMR 19.080.

(8)    Presentation of Information . Information set forth in the application for a permit shall be current, presented clearly and concisely using forms, as may be provided by the Department, and supported by appropriate references to technical and other documents made available to the Department. The application shall contain sufficient data and other relevant information to allow the Department to determine, independent of additional information, whether to issue the Permit.

(9)    Supervision . All papers pertaining to design, operation, maintenance, or engineering of a site or a facility shall bear the seal of a supervising engineer or other applicable person as required at 310 CMR 19.011(2).

(10)    Certification . Applications shall be signed and certified to by the applicant as to all statements of fact therein in accordance with 310 CMR 19.011.

(11)    Signatories . All applications for permits, authorizations or modifications submitted pursuant to 310 CMR 19.000 shall be signed as follows:

(1)    File Number . The Department shall assign a file number to each application when the application is filed with the Department. The file number shall be used in all subsequent correspondence between the Department and the applicant regarding the application and shall appear on any subsequent filings by the applicant.

(2)    Completeness Review . The Department shall notify the applicant in writing within 30 days of receipt of the application or such other time as may be established by superceding regulations as to whether the application is complete. Said notification shall not constitute a determination as to the technical adequacy of the application.

(3)    Complete Applications . An application shall be deemed complete for the purposes of initiating the review process described at 310 CMR 19.032 through 19.036 or 310 CMR 19.037 when the Department receives the application and determines that all required information has been submitted, provided that the Department may require additional information at any time during the permit review period.

(1)    Applicability . The Department shall review applications submitted pursuant to 310 CMR 19.000, using either the permit review procedures set forth at 310 CMR 19.032 through 19.036 (draft permit review process) or the procedures set forth at 310 CMR 19.037 (provisional permit review process), except applications for permits submitted pursuant to 310 CMR 19.023:   Permit By Rule for Certain Existing Transfer Stations . The draft permit review process set forth at 310 CMR 19.032 through 19.036 shall be used to review the following:

(2)    Issuance of a Draft Permit .

(3)    Distribution of the Draft Permit or Denial . The Department shall send a copy of the draft facility permit or denial and the accompanying fact sheet to the applicant, the local board of health and, on written request, to any other person.

(4)    Description of Procedures . A description of the procedures for reaching a final decision on the draft permit or denial shall accompany the copy of the draft permit and shall include:

(1)    Public Notice . The Department shall cause public notice to be given when:

(2)    Notice of More Than One Permit . Public notices may describe more than one permit or permit action.

(3)    Comment Period . Public notices issued pursuant to 310 CMR 19.033(1) shall allow at least 30 days for public comment, except for notices pursuant to 310 CMR 19.033(1)(c).

(4)    Method of Notice . Public notice shall be given by the following methods:

(5)    Content of Notice . All public notices shall, at a minimum, contain the following information:

(1)    Written Comments . During the public comment period provided for in 310 CMR 19.033(3) any interested person may submit written comments on the draft decision to the office of the Department processing the permit request.

(2)    Extending or Reopening the Public Comment Period . The Department may extend or reopen the public comment period prescribed in 310 CMR 19.033(3) to allow for the issuance of a modified draft permit or to give interested persons an opportunity to comment on the information or arguments submitted. If the Department gives such an extension, notice thereof shall be given in the manner prescribed in 310 CMR 19.033. Such notice shall specify any new issues to be considered.

(1)    Circumstances Requiring Hearing . The Department shall schedule a public hearing within the community wherein the proposed facility is to be located when:

(2)    Content of Public Hearing Notice . Public notice of the public hearing shall be given in the manner described in 310 CMR 19.033 and shall include:

(3)    Public Hearing Procedures

(1)    Issuance and Public Notice . After the close of the public comment period, or, if applicable, the close of the public hearing, whichever is later, the Department shall issue a final decision on the permit application. Notice of the Department's final decision and summary response to comments shall be given to the applicant, by first class mail. Notice shall also be provided to the board of health and each person who has requested notice of the final permit decision.

(2)    Effective Date . Unless otherwise stated on the permit, the permit shall be effective upon issuance.

(3)    Summary Response to Comments . At the time the permit decision is issued, the Department shall prepare a summary of the major comments on the draft permit or denial and a response and shall describe any major changes made to the draft permit or denial as a result of the public hearing.

(4)    Legal Challenges .

(1)    Applicability . The provisional permit review process set forth at 310 CMR 19.037 shall be used to review the following:

(2)    Issuance and Public Notice . The Department shall mail a copy of its decision on an application to the applicant, the board of health of the city or town in which the facility is located and any other person who has requested in writing that the Department provide a copy of the decision.

(3)    Effective Date . Unless otherwise stated in the permit or approval the decision shall be effective upon its issuance.

(4)    Review of decision .

(5)    Legal Challenges .

(1)    Applicability of Criteria . The criteria the Department shall apply when evaluating various applications are specified below.