1. Instructions: BWP SW 14 doc format of    Special Waste Determination Instructions  pdf format of Special Waste Determination Form & Instructions

  2. Form: BWP SW 14 doc format of    Special Waste Determination Form  pdf format of Special Waste Determination Form

  3. Transmittal Form & Number for Permit Application & Payment


Permit Fact Sheet 

  1. What is the purpose of these determinations?

    Some solid wastes are classified as Special Wastes. These wastes are either listed in the Solid Waste Regulations or are determined to be special wastes that require special handling. In these cases, MassDEP reviews and approves all requests for disposal or handling. The regulations listed below govern the process for applying for a determination of whether a solid waste requires special handling procedures, what the requirements for disposal are and how to obtain a facility approval to handle a special waste.

    Legal authority is found in MGL c. 21A, ss. 2 and 8, c. 111, s. 150A. Regulatory authority is found in 310 CMR 19.000: Solid Waste Management Facility Regulations, specifically 310 CMR 19.061, Special Waste.
  2. Who must apply?

    Any solid waste facility shall apply to handle a special waste, including, but not limited to, the following:
    • asbestos waste;
    • infectious waste;
    • sludges, including, but not limited to, wastewater treatment sludges, drinking water treatment sludges, and industrial process wastewater treatment sludges;
    • other wastes which may require special management to ensure protection of public health, safety or the environment based upon the physical, biological or chemical properties of the waste. 
  1. What other requirements should be considered when applying for these determinations?
    1. The applicant must have a valid site assignment and a permit pursuant to c.111, s. 150A.
    2. The applicant must submit the appropriate data on the physical, chemical and biological nature of the material for which a determination is to be made. In most cases the generator of the waste material should be able to provide most or all of the required information. If not, a certified laboratory should be retained to provide the relevant data. Please note that data is not required to be submitted for asbestos waste or infectious waste.
    3. In accordance with 310 CMR 19.061(5)(e), the Department may require that the facility operator submit an application for permit modification in accordance with 310 CMR 19.039 where the Department determines that the handling of a waste at a facility shall cause a deviation from the facility permit.

Note: These additional requirements are intended to serve as a guide to the applicant. It does not necessarily include all requirements.

  1.  What is the application fee?

    See: Permit Application Timelines and Fees Schedule pdf format of    Permit Application Timelines and Fees Schedule

  2. What is the Primary Permit Location? What is the Reserve Copy Location?

    Primary Permit Location:
    Dep't. of Environmental Protection
    __________* Regional Office
    Solid Waste                                              

    Find Your Region


    Reserve Copy Location:
    None

    Important Note: A copy of the application must be sent to the board of health for the community in which the disposal facility is located.

     

  3. Where can I get a copy of the timelines?

    See: Permit Application Timelines and Fees Schedule pdf format of    Permit Application Timelines and Fees Schedule

  4. What is the annual compliance fee?

    There is no annual compliance fee for these determinations.

  5. How long are these determinations in effect?

    There is generally no time limit on approvals to manage special wastes unless specified in the approval. MassDEP may suspend or modify an approval at the request of the board of health as specified at 310 CMR 19.061(5)(g). In addition, MassDEP may reclassify the waste or place further conditions on an approval as specified at 310 CMR 19.061(7).

  6. How can I avoid the most common mistakes made in applying for these determinations?
    1. Submit all the data on the chemical, physical and biological properties of the waste required for MassDEP to make a determination.
    2. Submit a signed copy of the certification form.
    3. Submit fee and one copy of the MassDEP Transmittal Form http://mass.gov/dep/service/online/trasmfrm.shtml  to: Department of Environmental Protection, P. O. Box 4062, Boston, MA 02211.

  1. What are the regulations that apply to these determinations? Where can I get copies?

    These regulations include, but are not limited to:
    1. Solid Waste Management Facility Regulations, 310 CMR 19.000.
    2. Timely Action Schedule Fee Provisions, 310 CMR 4.00.

 These may be purchased online, in person, or by Mail at the Massachusetts State Bookstore