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.

(2)    Criteria for Review of Applications for a Permit or Permit Modification .

(1)    General . An owner or operator seeking to alter or change a permit or the Department approved design, operation and maintenance procedures or closure/post-closure design of a facility, including any conditions imposed in the permit, shall apply to the Department for approval to modify the permit in accordance with 310 CMR 19.039.

(2)    Types of Modification . Acts including but not limited to the following constitute modifications to which 310 CMR 19.039 applies:

(3)    Application . An application for modification of a permit shall include all or part of the plan components set forth in 310 CMR 19.030(3)(c) as the Department deems necessary to evaluate the feasibility and potential impact of the proposed modifications on the public health, safety or the environment.

(4)    Filings . An application for modification shall be submitted to the Department in accordance with 310 CMR 19.030.

(5)    Review Procedure . Except as may be allowed in accordance with 310 CMR 19.039(6), the Department shall review and issue a decision on whether to allow a modification to a permit in accordance with the provisions of:

(6)    Alternative Review Process for Certain Modifications . The Department may, in accordance with permit conditions established pursuant to 310 CMR 19.043 or guidelines established by the Department, determine that certain modifications to facility plans may be effected without prior written approval, as provided below:

(1)    General . The Department may rescind, suspend, or modify a permit when it determines that the operation or maintenance of a facility results in a threat to the public health, safety or the environment.

(2)    Burden of Proof . Where any violation of M.G.L. c. 111, § 150A or 310 CMR 19.000 or any permit or order issued thereunder occurs the burden shall be on the operator to prove that said violation does not constitute a threat to the public health and safety or to the environment.

(3)    Scope of Determination of Threat . In considering whether the continued operation of a facility presents a threat to the public health and safety or the environment the Department may consider:

(1)    General . The following shall not be constructed except in accordance with a valid authorization to construct issued by the Department in writing:

(2)    Filing . The applicant shall file a request for an authorization to construct in writing with the Department in the appropriate Regional Office. However, unless otherwise indicated, the Department shall consider an application for a solid waste management facility permit or an application to modify a permit to constitute a request for an authorization to construct.

(3)    Issuance of Authorization . In general, the Department shall issue an authorization to construct when the solid waste management facility permit or permit modification is issued, except in the case of phased construction of a landfill where an authorization to construct may be required for each phase and except where the Department determines that any of the following permits has not been applied for, as applicable, or granted at the time the solid waste management facility permit is to be granted:

(4)    Sunset . If construction of the facility or first phase thereof has not been completed or no solid waste has been processed or disposed at the facility within three years of the date of issuance of an authorization to construct the authorization shall expire. The owner or operator may apply to the Department for an extension of the authorization at any time prior to or after it expires.

(5)    Enforcement . The issuance of an authorization to construct shall not limit the Department's right to take appropriate enforcement action, including, without limitation, the suspension, revocation or modification of the permit or revocation of the authorization to construct if 310 CMR 19.000 or any condition of the permit or authorization to construct are violated.

(6)   Deed Notice. M.G.L. c. 111, § 150A requires that notice of the Permit be recorded in the registry of deeds or, if the site is registered land, in the registry section of the land court for the district wherein the land lies.

(1)    General . No person shall operate a facility, or if a new or existing facility is developed in phases, operate in any new phase of a facility, without a valid authorization to operate issued by the Department in writing.

(2)    Filing . The applicant shall file a request for an authorization to operate in writing with the Department in the appropriate Regional Office.

(3)    Issuance of Authorization . An authorization to operate shall only be issued after the Department is persuaded by the applicant that:

(4)    Renewal of an Authorization to Operate .

(5)    Enforcement . The issuance of an authorization to operate shall not limit the Department's right to take appropriate enforcement actions, including, without limitation, the suspension, revocation or modification of the permit or revocation of the authorization to operate, if any provision of 310 CMR 19.000 or any condition of the permit, authorization to operate or any order issued by the Department is violated.

(1)    Items Subject to Conditions . The Department may grant a permit or an authorization subject to such conditions as are necessary to ensure compliance with 310 CMR 19.000 or to protect the public health, safety, or the environment including, without limitation: the period of time for which a permit or authorization is valid, phased development of construction or operations, minimum recycling or composting requirements, the kind or type of waste allowed, site assignment conditions, inspection, financial assurance, technical data gathering, data analysis, quality control, quality assurance, sampling, monitoring, reporting and verification.

(2)    Condition(s) on Amount of Solid Waste Accepted . Every permit or authorization to operate shall contain one or more limits on the amount of solid waste which the facility can accept during a fixed period of time, not to exceed one year.

(3)    Liability . No permit shall be issued except upon the condition that the holder shall be liable jointly and severally with the owner or operator for any civil or administrative penalties assessed or orders entered by the Department arising from any improper facility operation, maintenance, closure, post-closure or other activities performed in violation of the Department's regulations and applicable statutes. The Department may, in its sole discretion, enforce said condition against the holder in any enforcement action taken pursuant to applicable statutes or regulations. Nothing in 310 CMR 19.043 shall:

(4)    Financial Conditions . The Department may condition a permit or authorization on the applicant submitting such proof as the Department deems necessary to establish that at the time of permit and during the projected operating period the applicant shall have adequate funds to operate and maintain the facility in compliance with applicable statutes and regulations and permit conditions. Such financial conditions may require, without limitation, the periodic submission to the Department of approved operating budgets and fee schedules and may compel the cessation of operations and closure of the facility in the absence of adequate financial ability.

(5)    Standard Conditions . The following conditions shall apply to all owners, operators or permittees (hereinafter comprehensively referred to as "permittee":

(1)    General . No sale, assignment, or transfer of the rights or privileges, or effective control of such rights or privileges, granted under a permit to establish, expand, construct, operate or maintain a facility shall be valid unless:

(2)    Registering of Deed . For the transferred permit to remain effective, written proof must be provided to the Department within 30 days of the effective date of the transfer that the transfer has been completed, and if the transfer involves the conveyance of real estate, such conveyance has been duly recorded in the appropriate Registry of Deeds or land court.

(1)    General . Any facility that stops accepting solid waste voluntarily or in accordance with any permit, authorization or order issued by the Department or a court of competent jurisdiction or under any other circumstances shall comply with the requirements of 310 CMR 19.045.

(2)    Notification of Voluntary Closure . The owner and/or operator shall notify the Department no later than six months prior to the date that the facility will stop accepting solid waste.

(3)    Compliance with Regulations . Closure activities shall be carried out in compliance with all applicable regulations and the permit. Landfills shall meet the specific closure requirements established at 310 CMR 19.140:   Landfill Closure Requirements .

(4)    Completion of Closure . A facility shall be deemed closed on the date of the Department's written determination that the closure of the facility has been completed in accordance with the final closure/post-closure plan.

(1)    Authority . 310 CMR 19.050 is promulgated pursuant to M.G.L. c. 16, § 24A, as amended, and St. 1987, c. 584.

(2)    Resource Recovery Facilities . The operator of a privately owned or operated resource recovery facility shall pay a tax in accordance with 310 CMR 19.050(5) and M.G.L. c. 16, § 24A to the municipality in which the facility is located. This tax shall be in lieu of all taxes, fees, charges or assessments imposed by the municipality in which the facility is located, except for real estate taxes imposed solely upon the land on which the facility is located. For purposes of 310 CMR 19.050, "resource recovery facility" means a facility utilizing processes for reclaiming the material or energy value from solid wastes.

(3)    Landfills . The owner or operator of a landfill, where that person is other than a town or agency of the commonwealth, shall pay a tax in accordance with 310 CMR 19.050(5) and M.G.L. c. 16, § 24A to the municipality in which the facility is located. This tax shall be in lieu of all taxes, fees, charges or assessments imposed by the municipality in which the facility is located, except for real estate taxes imposed solely upon the land on which the facility is located. Where the owner and operator are both private and separate entities the operator shall pay said tax.

(4)    Exceptions . The owners or operators of the following facilities are not subject to the provisions of 310 CMR 19.050:

(5)    Amount of the Tax .

(6)    Reporting and Payment .

(1)    Applicability . The provisions of 310 CMR 19.051 apply to:

(2)    Financial Responsibility for Closure, Post-Closure and Corrective Action .

(3)    Transfer of Permit, Authorization, or Other Interest . No person may transfer or obtain by any form of transfer any permit, authorization, or interest in the ownership, possession, or operation of a facility without first complying with the applicable provisions of 310 CMR 19.051.

(4)    Demonstration of Compliance with Financial Assurance Requirements .

(5)    Estimation of Costs for Closure and Post-Closure Maintenance .

(6)    Revision of Estimates of Closure and Post-Closure Costs .

(c)   An owner or operator of a facility shall, in addition to submitting to the Department the adjustment pursuant to 310 CMR 19.051(6)(a), revise the estimate of the cost of closure and post-closure maintenance of a facility and submit such revised estimate to the Department within 30 days of the date that the Department approves a modification of the facility permit pursuant to 310 CMR 19.039 or 310 CMR 19.040 which would affect said closure or maintenance costs.
(d)   An owner or operator of a facility shall maintain records of the calculation and determination of the original and all revisions of the estimate of the cost of closure and post-closure maintenance of a solid waste management facility until such time as the owner or operator obtains a release from the obligation imposed by 310 CMR 19.051(2).

(7)    Increase in the Amount of Financial Assurance .

(8)    Decrease in the Amount of Financial Assurance . An owner or operator of a solid waste management facility may, upon determining a revised estimate of the cost of closure or post-closure maintenance of the facility, decrease the amount of the applicable financial assurance mechanism to an amount equal to the full amount of the revised estimate of the cost of closure or post-closure maintenance of the facility, having first requested and received the written approval of the Department. The Department shall approve the decrease upon its determination that the proposed decreased amount of the financial assurance mechanisms equals or exceeds the necessary cost of closure or post-closure maintenance.

(9)    Procedure Governing the Use of Assured Funds .

(10)    Cancellation or Termination of an Approved Financial Assurance Mechanism . An owner or operator of a facility may apply to the Department for reduction, cancellation or termination of an outstanding financial assurance mechanism established pursuant to 310 CMR 19.051(2). The application shall detail one of the following reasons in support of the application: the substitution of an alternative assurance mechanism, transfer of an interest in the facility in accordance with 310 CMR 19.044, an approved decrease in the amount of required financial assurance in accordance with 310 CMR 19.051(8), activities which have taken place under 310 CMR 19.051(9)(b) or the Department's termination of the financial assurance obligation by granting a release to the owner or operator pursuant to the provisions of 310 CMR 19.051(11). (11)    Release from Financial Assurance Requirements .

(12)    Approved Financial Assurance Mechanisms . The owner or operator of a facility may meet the obligation to maintain financial assurance that is adequate to assure the Department that the owner or operator is at all times financially capable of complying with the provisions of 310 CMR 19.000 governing the closure of the facility and its post-closure maintenance through the use of one or more of the approved financial assurance mechanisms specified in 310 CMR 19.051(12).

(13)    Use of Multiple Financial Assurance Mechanisms . An owner or operator may with Department approval satisfy the requirements of 310 CMR 19.051, by establishing more than one financial assurance mechanism per Massachusetts facility. These financial assurance mechanisms shall be limited to the mechanisms set forth at 310 CMR 19.051(12). These mechanisms shall be in compliance with 310 CMR 19.051(12) except that the combination of mechanisms, rather than each mechanism, which provide for an amount equal to the required financial assurance. If an owner or operator uses a trust fund in combination with any other financial assurance mechanism, it shall use the trust fund for those financial assurance mechanisms for which the establishment of a trust fund is required. A single standby trust fund may be used for two or more mechanisms. The Department may use any or all of the mechanisms to provide for closure of the facility.

(14)    Use of a Financial Assurance Mechanism for Multiple Facilities .

(1)    Applicability . No person shall make beneficial use of a solid waste material unless they obtain a prior written determination of beneficial use from the Department.

(2)    Submittal Requirements . An application for a beneficial use determination shall be submitted to the appropriate Regional Office and a copy of the application shall be filed with the board of health of jurisdiction unless the Department determines that the proposed use is not limited to a specific location and therefore it is not practical to identify the board of health of jurisdiction. The application shall be filed on a form as may be supplied by the Department and contain the following information:

(3)    Board of Health Comments . The Department shall accept comments from the board of health regarding the application for a period not less than 21 days before issuing a final determination, unless the Department has determined in accordance with 310 CMR 19.060(2) that a copy of the application was not required to be sent to a board of health.

(4)    Department Determination of Beneficial Use . The Department shall not make a positive determination of beneficial use unless the applicant affirmatively demonstrates that:

(5)    Effect of Determinations . A determination of beneficial use means the material is not classified as a solid waste only when used in accordance with the Department's determination of beneficial use. Where the processing of material is necessary for its beneficial use the processing activity shall be subject to the provisions of 310 CMR 16.00 where it occurs at a location other than the site of beneficial use. Where the processing occur at the site of beneficial use the Department shall determine the conditions and degree of processing applicable to the particular use.

(1)    General . No solid waste management facility shall receive, store, process, treat or dispose of a special waste unless said solid waste management facility:

(2)    Classification of Special Wastes . A solid waste is classified as a special waste if:

(3)    Listed Special Wastes . Solid wastes that the Department has classified as listed special wastes include:

(4)    Application to Manage Special Wastes .

(5)    Department Approval to Manage Special Wastes .

(6)    Management Requirements for Special Wastes .

(7)    Reclassification . The Department may reclassify a waste in accordance with 310 CMR 19.061(5) or place further conditions on an approval to manage a special waste in accordance with 310 CMR 19.061 should such action be deemed necessary. Any such reclassification or conditions shall be in writing.

(1)    Applicability . Any person who wishes to establish a demonstration project at a permitted solid waste management facility or establish a demonstration solid waste management facility for the purpose of demonstrating the effectiveness and utility of a new or innovative solid waste management technology shall submit an application to the Department for a demonstration project permit and notify the board of health of jurisdiction.

(2)    Application Requirements . An application for a demonstration project permit shall include:

(3)    Department Review of an Application . The Department shall not grant a permit for a demonstration project unless:

(4)    Department Evaluation of Demonstration Projects . The Department shall review all data and reports submitted by the applicant and other relevant information to determine if the demonstration project has satisfactorily achieved its objectives and if the project has adequately protected public health, safety and the environment.

(5)    Financial Assurance . Applicants proposing demonstration facilities may be required to provide proof of financial assurance to the Department prior to receiving a demonstration facility permit. If financial assurance is required the applicant must comply with the financial assurance requirements set forth in 310 CMR 19.051 and:

(6)    Demonstration Project Permit Limitations . The following permit limitations shall apply to any demonstration project permit:

(7)    Renewal of Permit . The Department may renew a demonstration project permit for a maximum of two one year periods upon request by the applicant.

(8)    Termination of the Permit . A demonstration project permit shall terminate:

(1)    General . The Department recognizes that the literal application of 310 CMR 19.000 to all persons and activities may impose significant hardships in individual situations, frustrate the underlying legislative and regulatory purposes, or adversely affect the public interest. Therefore, in the exercise of the Department's discretion and upon a proper and timely demonstration, a variance from the application of specific provisions of 310 CMR 19.000, other than those that embody statutory requirements, may be available in an individual case to a person whose activities are governed by them.

(2)    Required Demonstration . A variance request shall include, at a minimum, the following information demonstrating, to the Department's satisfaction, that:

(3)    Reasonable or Necessary . Where circumstances are appropriate, the Department may request the applicant to establish, in addition to the criteria listed in 310 CMR 19.080(2), either or both of the following:

(4)    Request for Variance . A request for a variance may be made only by or on behalf of a person whose activities are governed by 310 CMR 19.000 and who seeks relief from their application prior to taking any action subject to and in conflict with them and does so in a timely manner. The request shall be made in writing and must contain, at a minimum, the information necessary to establish the showing required by 310 CMR 19.080(2) and, where required by the Department 310 CMR 19.080(3), in the form prescribed in the following paragraphs:

(5)    Filings . A person requesting a variance from 310 CMR 19.000 must file a request with the Regional Director of the appropriate regional office and contemporaneously serve copies of it upon the board of health and all abutters of the property upon which the activity is or may be located. Filing and service may be made by hand or by using a suitable form of mail addressed to the person to be served and requiring the return of a signed receipt.

(6)    Initial Action . The Regional Director, after considering a request for a variance, requesting and receiving such additional information as may be required, and holding a public hearing should public interest in the matter or the technical complexity or uniqueness of the issues warrant doing so, shall grant or refuse the request in whole or in part. Should the Regional Director determine to grant the request in whole or in part, the determination will include a specific finding that the request makes the showing required by 310 CMR 19.080(2); a specific statement that the application of certain specified regulation(s) is altered or waived; and a specification of the requirements or conditions imposed, if any. The determination of the Regional Director is final unless, within 21 days, an appeal is taken to the Commissioner pursuant to the provisions of 310 CMR 19.080(7). The Regional Director shall notify by mail the person requesting the variance, the board of health, and any abutter who has requested notice of the determination of the action taken upon the request.

(7)    Appeal to the Commissioner .

(8)    Expiration, Modification or Suspension of a Variance . Any variance or other modification made pursuant to 310 CMR 19.080 may be subject to such qualification, revocation, suspension, or expiration as the Department expresses in the variance. A variance or other modification made pursuant to 310 CMR 19.080 may otherwise be revoked, modified, or suspended pursuant to 310 CMR 19.039 or 19.040.

(1)    General . Any failure by any person whose activities are governed by M.G.L. c. 111, § 150A, as amended, and 310 CMR 19.000, to comply fully with their provisions or the terms and conditions of any order, permit, authorization, determination, or approval issued under 310 CMR 19.000, or with the terms of a site assignment, shall constitute a violation of the statute and 310 CMR 19.000. Nothing in 310 CMR 19.000, or in any order issued pursuant thereto, shall be construed to limit any right of the Department to take enforcement action pursuant to any other authority.

(2)    Action by the Department . Whenever the Department has cause to believe that a violation has occurred, it may, without election:

(3)    Service of Notices and Orders . Service in all civil administrative penalty actions is governed by 310 CMR 5.00. The Department serves an order according to the following procedure except for processes, notices, and orders issued in the course of an adjudicatory hearing which are governed by the provisions of 310 CMR 1.00:

(4)    Right to Adjudicatory Hearing . Subject to the provisions of 310 CMR 19.081(5), a person who or which is the subject of an order issued pursuant to 310 CMR 19.081(2)(a) or (b) shall have the right to an adjudicatory hearing on such order pursuant to 310 CMR 1.00:   Rules for Adjudicatory Proceedings . Any right to an adjudicatory hearing concerning assessment of a civil administrative penalty shall be determined in accordance with the provisions of 310 CMR 5.00.

(5)    Waiver of Right to Adjudicatory Hearing . Any person who or which is the subject of an order issued pursuant to 310 CMR 19.081(2)(a) or (b) shall be deemed to have waived the right to an adjudicatory hearing unless within 21 days of the date of service of the order the Department receives a written statement setting forth the basis for the request, subject to and in compliance with the applicable provisions of 310 CMR 1.00.

(1)    General . A person who or which violates the provisions of M.G.L. c. 111, § 150A or 310 CMR 19.000 is subject to judicially imposed criminal and civil penalties as well as civil administrative penalties imposed by the Department. Each day that a violation occurs or continues constitutes a separate violation.

(2)    Penalties .

(3)    Punishment . Punishment imposed under the statute is in addition to any other penalty prescribed by law.

(1)   The Department may allow the acceptance of recyclable or compostable materials where such acceptance will result in the facility not meeting the 25% recycling requirement established at 310 CMR 19.038(2)(d), with prior notification and approval of the Department, under the following circumstances:

(2)   Failure to comply with approved plans submitted pursuant to 310 CMR 19.030(3) or (4) or applicable permit conditions shall constitute a violation of 310 CMR 19.000. The Department may require a modified plan to be submitted where the minimum requirement is not being achieved.

310 CMR 19.100 through 19.204 establishes minimum performance and design standards; operation and maintenance standards; and closure/post-closure requirements for solid waste landfills by supplementing, modifying or expanding upon the provisions of 310 CMR 19.000 through 19.099. Combined, these two sets of regulations govern all solid waste disposal activities at landfills. The procedures for application, approvals, authorizations, and transfers of such rights and interests are set forth in 310 CMR 19.000 through 19.099.

Except as expressly exempted in 310 CMR 19.060:   Beneficial Use of Solid Wastes , all solid waste disposed by placement into or onto land shall be done in a manner consistent with 310 CMR 19.000 and the requirements of 310 CMR 19.001 through 19.099.

All terms used herein shall have the meanings set forth in 310 CMR 19.006 unless the context clearly implies or indicates another meaning.

Nothing in 310 CMR 19.000 shall be construed to limit the Department from determining on a facility or site specific basis that additional design or operation and maintenance components are required where conditions warrant such additional design or operation and maintenance measures in order to protect public health, safety and the environment or to mitigate potential adverse impacts.

Notwithstanding any provision in 310 CMR 19.000, the Department may approve or modify a permit or authorization or issue an order requiring the operator or owner of a landfill disposing municipal solid waste to comply with the Solid Waste Disposal Facility Criteria, 40 CFR Parts 257 and 258, as may be amended, promulgated pursuant to sections 1008, 2002, 4004, and 4010 of the Resource Conservation and Recovery Act and section 405 of the Clean Water Act.

(1)    General . In addition to the general application requirements established in 310 CMR 19.001 through 19.099, 310 CMR 19.030:   Application for a Solid Waste Management Facility Permit , an application for a landfill permit shall include the following components:

(2)    Landfill Site Plan . The landfill site plan shall include:

(3)    Hydrogeological Study . A hydrogeological study shall provide the data, maps, cross-sections, schematics and numerical parameters which the Department reasonably deems necessary to accurately determine the physical and chemical characteristics of the overburden material and bedrock present at the site, the directions, pathways and velocities of ground and surface water flows and the physical and chemical characteristics of the ground and surface waters.

(4)    Landfill Design Plan . The landfill design plan shall include:

(5)    Landfill Operation and Maintenance Plan . The landfill operation and maintenance plan shall include:

(6)    Conceptual Landfill Closure/Post-Closure Plans . The conceptual landfill closure /post-closure plan shall include:

(1)   Where specific sections of 310 CMR 19.100 through 19.204 permit the submission of design alternatives, the following equivalency review standards and procedures apply.

(2)   A person requesting an alternative under 310 CMR 19.105 shall submit a request to the Department in writing. The request shall:

(3)   No equivalency alternative will be approved unless the Department determines that:

(4)   In lieu of approving an equivalency alternative for the entire facility where the equivalency alternative does not meet the criterion established at 310 CMR 19.105(3)(d), the Department may approve an equivalent alternative for a part of the site as a demonstration project as provided for in 310 CMR 19.062:   Demonstration Projects or Facilities .

(1)   The construction of a permitted landfill shall be accomplished in compliance with a quality assurance/quality control (QA/QC) plan approved by the Department.

(2)   The owner or operator shall hire an independent professional engineer, knowledgeable and experienced in matters of landfill construction who shall oversee all construction activities. The professional engineer shall:

(3)   Liners and final covers shall be constructed under the direction of a person with extensive experience in the installation of liners and final caps. Each phase of construction of a liner or cap shall be carried out and inspected under the direction of the independent professional engineer who shall certify that each phase of construction was completed in accordance with approved plans and specifications.

(4)   The owner or operator shall submit a copy of the engineer's certification on all construction and QA/QC activities to the Department.

(1)    General Performance Standard . Landfills shall contain and collect leachate and minimize the migration of leachate out of the landfill into the underlying ground water to the maximum practicable extent and prevent the pollution of ground water during the active life of the facility and the closure and post- closure periods.

(2)    General Design Standards . Landfill ground water protection systems shall:

(3)    Minimum Liner Configuration . A landfill liner shall, at a minimum, be comprised of a composite liner consisting of a low permeability compacted soil layer or admixture overlain by a flexible membrane liner. The FML layer shall be constructed so that the FML material is in direct contact with the low permeability soil layer. Liner components shall meet the design criteria specified at 310 CMR 19.110(5) through (10).

(4)    Ground Water Protection System Components . Except as provided in 310 CMR 19.111:   Alternative Groundwater Protection System Design , and 310 CMR 19.114:   Ground Water Protection System and Final Cover Waivers , ground water protection systems shall consist, at a minimum, of:

(5)    Subgrade Layer Standards .

(6)    Low Permeability Layer (Liner) Standards .

(7)    Drainage/Protection Layers .

(8)    Leak Detection and Secondary Collection Systems Between Liners .

(9)    Primary and Secondary Leachate Collection and Removal Systems .

(10)    Leachate Storage Facilities .

Landfill ground water protection systems designed using materials, technologies or methodologies other than those expressly provided for under 310 CMR 19.110:   Ground Water Protection Systems , may be permitted by the Department provided the proponent affirmatively demonstrates to the Department's satisfaction that the alternative ground water protection system design meets the standards established under 310 CMR 19.105:   Equivalency Review Standards and Procedures .

(1)    General Performance Standards . The final cover system shall:

(2)    General Design Standards . The final cover system shall:

(3)    Final Cover System Components . Except as provided in 310 CMR 19.113:   Alternative Landfill Final Cover System Design , or 19.114:   Ground Water Protection System and Final Cover Waivers , the final cover system shall, at a minimum, consist of:

(4)    Subgrade Layer Standards .

(5)    Landfill Gas Venting Layer .

(6)    Low Permeability Layer Standards .

(7)    Drainage Layers .

(8)    Filter Material Standards . Filter material, where placed, shall be capable of preventing the migration of fine soil particles into the drainage or venting layer.

(9)    Vegetative Support/Protection Layer Standards .

(10)    Vegetative Cover Standards .

Landfill final cover systems designed using components, materials, technologies or methodologies other than those expressly provided for under 310 CMR 19.112:   Landfill Final Cover Systems , may be approved by the Department provided that either the proponent affirmatively demonstrates to the Department's satisfaction that the alternative final cover system design meets the standards established under 310 CMR 19.105:   Equivalency Review Standards and Procedures , or, as a result of a site-specific assessment, performed pursuant to 310 CMR 19.150:   Landfill Assessment Requirements , the Department determines that an alternative design would adequately protect public health, safety and the environment. The final cover material used in an alternative final cover designed for a landfill that accepted waste after October 9, 1991, shall have a maximum hydraulic conductivity of 1 X 10 ^-5 cm/sec.

(1)    Applicability . 310 CMR 19.114 is not applicable to landfills handling municipal solid wastes or solid waste combustion facility ash. The owner or operator of other types of landfills may apply for a waiver from one or more of the ground water protection system or final cover requirements pursuant to 310 CMR 19.114(2).

(2)    Waiver Criteria . The Department, upon written request, may waive or modify one or more of the ground water protection system or final cover system design components specified under 310 CMR 19.110(4) or 19.112(3), respectively, when the operator satisfies the Department that components of a ground water protection system or final cover are not necessary to adequately protect ground and surface waters due to the characteristics of solid waste disposed in the landfill, the nature of the leachate likely to be produced by the landfill and the physical or hydrogeological characteristics of the site.

(1)    Performance Standard . Storm water controls shall prevent erosion, discharge of pollutants and protect the physical integrity of the landfill.

(2)    Design Standards . Storm water controls shall be designed to:

Landfills shall prevent direct discharge of contaminated run-off or leachate from the landfill to any surface water bodies or to ground water, except in accordance with a Massachusetts Surface Water Discharge Permit or Ground Water Discharge Permit issued by the Department pursuant to 314 CMR 5.00 or 7.00, respectively, and a National Pollution Discharge Elimination System permit issued by the U.S. Environmental Protection Agency.

(1)    General Performance Standard . Landfills shall control the concentration levels of explosive and malodorous gases and other air pollutants as necessary in order to maintain air quality and to prevent the occurrence of nuisance conditions or public health or safety problems.

(2)    General Design Standard . Air quality protection systems shall be designed to control the concentration of explosive gases to no greater than 25% of the Lower Explosive Limit (LEL) or 10% of the LEL in any building, structure, or underground utility conduit at the property boundary at any time, excluding gas control or recovery system components or any leachate collection components.

(3)    Gas Vents . At a minimum, passive gas vents shall be provided at all facilities in all areas of the landfill over which final cover has been applied.

(4)    Installation . Gas vents shall be installed concurrently with the phased construction of a facility and in accordance with any permits or orders issued by the Department.

(1)    General Performance Standard . Any person conducting landfill activities shall install, operate and maintain a ground water monitoring system, surface water monitoring system and landfill gas monitoring system capable of detecting and quantifying the release of contaminants into the ground, ground water, surface water or the air.

(2)    Ground Water Monitoring Systems .

(3)    Surface Water Monitoring Systems

(4)    Gas Monitoring Systems

(1)    Applicability . In addition to the regulations set forth in 310 CMR 19.100 et seq ., 310 CMR 19.119 shall apply to all new landfills or upgrades and expansions of existing landfills, or parts thereof, in which ash and/or residues from solid waste combustion facilities burning municipal solid wastes are disposed. For the purposes of 310 CMR 19.00 such facilities shall be termed "ash monofills".

(2)    Plans for Ash Monofills . Plans for ash monofills shall include all components and be submitted in accordance with the requirements of 310 CMR 19.104. In addition to the submittal requirements specified in 310 CMR 19.104, the plans for an ash monofill shall include:

(3)    Ash Monofill Design .

(1)    Applicability .

(2)    Plans for Woodwaste Landfills . Plans for woodwaste landfills shall be submitted in accordance with the requirements of 310 CMR 19.104. The Department may waive some of the landfill facility design requirements specified at 310 CMR 19.104 as it deems appropriate for woodwaste landfills.

(1)    General . Landfills conducting gas recovery operations shall conduct such operations and monitoring in accordance with 310 CMR 19.121 and the approved design, operation and maintenance plans and in a manner to prevent interference with on-going site activities or other control measures.

(2)    Submittal of Landfill Gas Recovery Plans . All persons proposing to construct a landfill gas recovery facility shall submit an application for a permit to construct and operate that facility pursuant to 310 CMR 19.121. An application shall consist of:

(3)    Permit Criteria . A permit to construct a landfill gas recovery facility shall be reviewed and granted pursuant to the review procedures specified under 310 CMR 19.001 through 19.099. In addition, all gas recovery facilities that use combustion of any type shall be permitted, designed and operated in accordance with all applicable requirements of the Air Pollution Control regulations, 310 CMR 6.00 through 8.00.

(4)    Landfill Gas Recovery Facility Operation and Maintenance Requirements . Landfill gas recovery facilities shall conform to the operational requirements established in 310 CMR 19.121, including:

(1)    General . Operators shall incorporate procedures and practices, in accordance with approved plans and permit conditions, such as proper sequencing of landfill operations, proper grading of the site, proper maintenance of drainage and collection systems, and the application of adequate amounts and appropriate types of cover materials, which will prevent pollution of ground water, surface water and air quality and prevent nuisance conditions from developing.

(2)    Operator Supervision . The overall care, maintenance and responsibility for a landfill shall be under the direction of a qualified operator.

(3)    Special Wastes . No solid waste that has been classified as a special waste pursuant to 310 CMR 19.061(2):   Special Waste , shall be received or disposed at any landfill unless the provisions of 310 CMR 19.061 are satisfied and the special waste is handled in accordance with any conditions specified by the Department in granting approval to handle the special waste and in accordance with the handling provisions of 310 CMR 19.061.

(4)    Banned or Restricted Solid Wastes . Solid wastes which have been banned or restricted from disposal pursuant to 310 CMR 19.017:   Waste Control , shall be managed at a landfill in accordance with the approved facility plan prepared and approved in accordance with 310 CMR 19.017(5) unless an exception has been granted under 310 CMR 19.017(6).

(5)    Hazardous Waste .

(6)    Bulky Wastes .

(7)    Liquid Wastes .

(8)    Solid Waste Handling .

(9)    Bird Hazards . The operator of facilities located in the proximity of airports shall operate and maintain the facility in a manner so as to ensure that the facility shall not pose a bird hazard to aircraft.

(10)    Equipment and Equipment Shelter .

(11)    Staffing .

(12)    Employee Facilities .

(13)    Accident Prevention and Safety .

(14)    Spreading and Compacting of Solid Waste .

(15)    Cover Material .

(16)    Vector, Dust and Odor Control .

(17)    Litter Control .

(18)    Top Slope and Side Slopes .

(19)    Storm Water Drainage .

(20)    Erosion Control .

(21)    Boundary and Elevation Markers .

(22)    Access Roads . The access roads shall be constructed, graded and maintained to ensure that traffic flow will not be interrupted by inclement weather or traffic patterns.

(23)    Security .

(24)    Posting of the Landfill .

(25)    Open Burning . The operator shall not cause, suffer, allow or permit the open burning of any combustible material at the facility except as may be expressly permitted by the Department pursuant to 310 CMR 7.07:   Air Pollution Control .

(26)    Fire Protection and Control .

(27)    Convenience and Recycling Drop-off Areas at landfills .

(28)    Waste Oil Collection at Landfills . Waste oil other than the waste oil generated by the operator during normal maintenance of equipment used on-site may be collected and stored at landfills only with the approval of the Department.

(29)    Household Hazardous Waste Collections at Landfills . Household hazardous waste shall be collected at landfills only with the approval of the Department and consistent with the Hazardous Waste Regulations, 310 CMR 30.000.

(30)    Leachate Collection, Treatment and Disposal .

(31)    Phase Completion of the Landfill .

(32)    Disruption of Landfilled Areas .

(33)    Construction of Buildings . Construction of permanent buildings on top of landfilled areas shall be prohibited during the operational phase except for buildings associated with landfill gas recovery operations.

(34)    Records for Operational and Plan Execution .

(35)    Inspections .

(1)    General . In addition to the operation and maintenance requirements set forth in 310 CMR 19.130, operators of ash monofills shall comply with the operation and maintenance requirements set forth in 310 CMR 19.131.

(2)    Ash Moisture Content .

(3)    Spreading and Compacting of the Ash .

(4)    Other Solid Wastes .

(1)    Surface and Ground Water Monitoring .

(2)    Monitoring of the Secondary Leachate Collection or Leak Detection System .

(3)    Leachate Monitoring .

(4)    Gas Monitoring .

(1)   Landfill environmental control and monitoring systems shall be maintained and repaired or replaced as provided for in 310 CMR 19.133:

(1)    General . Any facility that must stop accepting solid waste in accordance with 310 CMR 19.000, any permit, authorization or order issued by the Department or a court of competent jurisdiction or under any other circumstances shall comply with the requirements of 310 CMR 19.140.

(2)    Notification of Voluntary Closure . The owner and/or operator shall notify the Department no later than six months prior to the date that the facility will stop accepting solid waste.

(3)    Closure Assessment . The owner or operator of a landfill shall initiate an assessment in accordance with 310 CMR 19.150 prior to landfill closure to determine and evaluate the extent of any adverse impact(s) of the landfill on the environment as a result of the construction or operation and maintenance of the facility.

(4)    Preparation and Submittal of Final Closure/Post-Closure Plans . The operator shall submit the final closure/post-closure plan prior to undertaking any closure construction activities. In addition to the information provided in the conceptual closure/post-closure plan developed in accordance with 310 CMR 19.104(6), the final closure/post-closure plan shall include:

(5)    Department Review . The Department may approve the final closure and post-closure plans if the Department is persuaded by the applicant that the provisions in the plan would ensure that:

(6)    Completion of Closure . A facility shall be deemed closed on the date of the Department's written determination that the closure of the facility has been completed in accordance with the permit.

(1)   Notification that a landfill has been operated on a site shall be recorded in the registry of deeds or in the registry section of the land court for the district wherein the landfill lies in accordance with M.G.L. c. 111, § 150A. The notification shall be captioned "Record Notice of Landfill Operation M.G.L. c. 111, § 150A, 310 CMR 19.141" and contain the following:

(2)   The notice shall contain the following statement: "The premises described herein are subject to the provisions of M.G.L. c. 111, § 150A and 310 CMR 19.000. Said premises shall not be used for any purpose other than as a landfill without prior written approval of the Department of Environmental Protection. Continued operation of the site as a landfill requires the transfer of the permit in accordance with 310 CMR 19.044. The procedure for Department approval for any use other than as a landfill is set forth at 310 CMR 19.143. Such Department approval of other use is transferable or assignable only upon written approval of the Department."

(1)    General . The owner, successors or assigns shall maintain, care for and monitor the site during the post-closure period in order to ensure the integrity of the closure measures and to detect and prevent any adverse impacts of the site on public health, safety or the environment.

(2)    Post-Closure Period . For the purposes of 310 CMR 19.142 the post-closure period shall extend for a minimum of a 30 year period.

(3)    Post-Closure Period Waiver . The Department may, upon request, reduce the post-closure period to less than 30 years if it finds that a shorter period will be sufficient to protect public health, safety, and the environment. The Department's review will include, but not be limited to, a consideration of the quantity and quality of leachate generated by the landfill, ground water monitoring results, characteristics of the waste disposed, stability of the waste, design of the facility and location of the site.

(4)    Post-Closure Period Extension . The post-closure period may be extended by the Department at any time prior to the time that the post-closure period is due to expire where the Department finds an extension is necessary in order to ensure protection of public health, safety or the environment or to mitigate adverse impacts.

(5)    Post-Closure Requirements . During the post-closure period the operator shall perform the following activities on any closed portion of the facility:

(6)    Reporting Requirements . The owner, successors or assigns shall submit a report every two years except as otherwise required by the Department during the post-closure period describing any activity at the site and summarizing the results of environmental monitoring programs.

(7)    Additional Measures . The owner, successors or assigns shall institute such additional measures during the post-closure period as the Department deems necessary for the protection of public health or safety or the environment.

(8)    Termination of the Post-Closure Period . The post-closure period shall end on the date of the Department's written determination that the post-closure care, maintenance and monitoring of the site are no longer required. Said written determination in no way limits or absolves the owner of liability for the site in the future.

(1)    Applicability . Pursuant to M.G.L. c. 111, § 150A no site on which a facility was operated shall be used for any other purpose without the prior written approval of the Department.

(2)    Submission of Post-Closure Use Plans . Any person proposing to use a landfill for any purpose following closure of a facility shall submit plans for the post-closure use to the Department for review.

(3)    Criteria for Approval of Post-Closure Use . Any post-closure use of a landfill shall be accomplished such that:

(4)    Post-Closure Construction . Construction during the post-closure phase shall be accomplished in accordance with the following:

(1)    Applicability .

(2)    Department Determinations . Upon submittal of an Assessment or Corrective Action Alternatives Analysis, the Department shall make one of the following determinations:

(3)    Assessment Process . An assessment shall be conducted in three phases: initial site assessment; comprehensive site assessment; and corrective action alternatives analysis. At the end of each phase, based on the results of the analyses provided in accordance with approved plans, the Department shall determine if a subsequent phase shall be conducted and specify the scope of work. The Department may consider such factors as the potential threat to public health and the environment, costs and benefits of further study, comparative implementation and maintenance costs and other relevant factors in making its determination on subsequent phases of assessment or corrective action.

(4)    Initial Site Assessment .

(5)    Comprehensive Site Assessment .

(6)    Corrective Action Alternatives Analysis .

(7)    Assessment Schedule . Except as may be allowed pursuant to 310 CMR 19.150(7)(d), the following schedule shall be adhered to in conducting the above three phases of site assessment.

(8)    Applicability of M.G.L. c. 21E . Nothing in 310 CMR 19.150 shall limit or restrict the Department from exercising its authority in accordance with the provisions of M.G.L. c. 21E and 310 CMR 40.000.

(1)    General . Corrective action shall consist of all measures necessary to address existing and potential impacts of the landfill on public health, safety and the environment as determined by the corrective action alternatives analysis and approved by the Department.

(2)    Content . Corrective action shall be conducted in two phases:

(3)    Department Approval . Upon submittal of the Corrective Action Design, the Department shall make one of the following determinations:

(4)    Oversight of Corrective Action Implementation . The owner or operator shall provide the Department with progress reports detailing the activities undertaken to implement the approved corrective action alternative. Reports shall be filed by a registered engineer and submitted to the Department on a schedule to be approved by the Department. A registered engineer shall certify that construction of the corrective action alternative has been accomplished in accordance with approved plans.

(5)    Applicability of M.G.L. c. 21E . Nothing in 310 CMR 19.151 shall limit or restrict the Department from exercising its authority in accordance with the provisions of M.G.L. c. 21E and 310 CMR 40.000.

310 CMR 19.200 through 19.221, which follow, establish minimum performance and design standards and operation and maintenance standards for solid waste transfer stations. In combination with 310 CMR 19.001 through 19.083, these two sets of regulations govern all solid waste disposal activities at solid waste transfer stations. The procedures for application, approvals, authorizations, and transfers of such rights and interests are set forth in 310 CMR 19.000 through 19.083.

All transfer stations shall be managed in a manner consistent with 310 CMR 19.200 through 19.221 and the requirements of 310 CMR 19.001 through 19.083. Facilities and operations exempted from site assignment by the Site Assignment Regulations, 310 CMR 16.05, are exempted from the requirements of 310 CMR 19.200 through 19.221.

All terms used herein shall have the meanings set forth in 310 CMR 19.006 unless the context clearly implies or indicates another meaning.

Nothing in 310 CMR 19.000 shall be construed to limit the Department from determining on a facility or site specific basis that additional design or operation and maintenance components are required where conditions warrant such additional design or operation and maintenance measures to protect public health, safety and the environment or to mitigate potential adverse impacts.

(1)   The operator shall provide equipment in adequate numbers and of appropriate type and size for the proper operation of the transfer station in accordance with good engineering practice and in compliance with 310 CMR 19.00. All compactor or other processing units shall be in duplicate with each unit capable of handling the expected design tons per day; except that only one compactor or processing unit may be satisfactory

(2)   The operator shall make provisions for the routine maintenance of equipment to assure satisfactory performance capability for the various operations of the transfer station.

(3)   The operator shall provide at the site suitable shelter or protection for all equipment and necessary service supplies used in connection with the transfer station.

(4)   The operator shall make arrangments for providing standby equipment in the event of breakdown of regular equipment. Such standby equipment shall be available for use and shall be provided within 24 hours of breakdown; otherwise the disposal area shall be closed for receipt of wastes until equipment becomes available.

The operator should make provision on a continuous or intermittent basis for the weighing or measuring of refuse delivered to the transfer station. Scales or other measuring devices may be required by the Department.

The operator shall take suitable measures for the prevention and control of fires at the facility by complying with at least the following:

(1)   Make available at the facility an adequate supply of water under pressure with sufficient fire hose, unless a fully-manned fire station is located within two miles;

(2)   Hot loads shall not be accepted at the transfer station facility;

(3)   Arrange for a nearby fire department to provide emergency service whenever called; and

(4)   Mount detachable fire extinguishers, maintained in working order, on all equipment and in all buildings.

(1)   The operator shall provide and maintain in good repair access roads at the facility. Such access roads shall be paved to minimize dust and designed and constructed so that traffic will flow smoothly and will not be interrupted by inclement weather.

(2)   The operator shall limit access to the facility to such periods of time as an attendant is on duty and to those persons authorized to use the facility for the disposal of refuse.

(3)   The operator shall prominently post at the entrance to the facility the hours of operation and all limitations and conditions of access.

(4)   The operator shall provide suitable barrier or fencing and gates to limit unauthorized persons from access to the facility and for the gate to be open only when an attendant or equipment operator is on duty. The gate shall be closed and locked at all other times.

The operator shall provide for continuous supervised unloading of refuse from incoming vehicles and shall post appropriate signs or other means to indicate clearly where incoming vehicles are to unload the refuse by direction of the attendant or equipment operator on duty.

(1)   The operator shall take measures to prevent the scattering of refuse and wind-blown litter.

(2)   The operator shall provide for routine maintenance and general cleanliness of the entire transfer station area. Such provisions are to be detailed on the engineering plans or written operating procedures.

The Department may require that the transfer station be suitably screened by fencing, or other approved methods, to shield the area from adjoining properties.

No open burning of any refuse, including brush, wood or diseased trees shall be permitted at the transfer station site at any time of the year notwithstanding the provisions of any other law or regulation.

Special wastes will not be allowed at the transfer station except when approved in writing by the Department under any conditions the Department may require.

(1)   The board of health may, by regulation, specify the maximum size of large, heavy, or bulky items to be disposed of at the transfer station and may prohibit altogether the deposition of certain items.

(2)   If brush is accepted at the transfer station, provisions should be made for the brush to be received in bundles no larger in size than can be handled in an acceptable and sanitary manner by the specific equipment. Brush should not be allowed to accumulate beyond 48 hours after deposition at the transfer station facility.

(1)   The operator may make provisions for the recycling of materials provided that a definite plan of procedure is implemented and followed to enable said operation to be carried out in an organized, sanitary, orderly and dependable manner with minimal interference to the rountine transfer station operations.

(2)   Any container, or specially designed enclosed area, used for the storage of recyclable materials (such as glass, cans, paper, etc. ) shall be clearly identified and maintained in a clean and sanitary condition and the surrounding areas shall be kept in a similar condition.

(3)  All accumulated recyclable materials shall be removed from the disposal site at least every 60 days and/or at such other times as may be specified by the Department.

(4)   Refuse of a nature or in quantities that cause odor or pose a threat to the public health or are detrimental to the environment or the surrounding area shall not be accumulated.

The operator shall undertake suitable measures to control dust wherever and whenever necessary at the site, the access road, and any other areas related or under control of the refuse transfer station operator.

(1)   The operator shall cause routine refuse transfer station facility operations to be carried out promptly in a systematic manner and shall take preventative measures to maintain conditions unfavorable for the production of insects and rodents.

(2)   The Department or the board of health may require a routine program for the control and elimination of insects and rodents at the transfer station facility site. The operator shall cause supplemental control measures, including but not limited to the use of effective insecticides and rodenticides, to be implemented when necessary.

(3)   The application of pesticides shall be made only by a pesticide operator licensed by the Massachusetts Pesticide Board.

(1)   All employees shall be instructed in the principles of first-aid and safety and in the specific operational procedure necessary to prevent accidents.

(2)   The operator shall provide and maintain adequate first-aid supplies at the site at all times.

(1)   The operator of the refuse transfer station facility shall be under the overall supervision and direction of an engineer or other person qualified and experienced in matters of solid waste handling and disposal.

(2)   The operator of the transfer station facility shall be knowledgeable of 310 CMR 19.000, and of the general operating procedure and plans as prescribed by the design engineer.

(3)   The operator shall be required to demonstrate familiarity and capability to operate equipment at the transfer station facility.

The transfer station facility operator shall maintain a daily log to record operational information, including the type and quantity of refuse received, the equipment, maintenance performed, personnel used, and any deviations made from the approved plan and specifications submitted to the Department.

An emergency plan, approved by the Department providing for an alternative disposal method in the event of mechanical breakdown or other cause preventing the normal operation of the subject transfer station facility, shall be filed with the Department and the Local Board of Health and implemented whenever needed as conditions of health and public safety may require. Whenever the emergency plan is implemented the Department and the Local Board of Health shall immediately be notified.

310 CMR 19.000:   M.G.L. c. 21A, §§ 2 and 8; c. 111, § 150A.

Paul Emond of the Business Compliance Division at telephone 617-292-5974 or e-mail mailto:Paul.Emond@state.ma.us