1. Instructions: BWP SW 39, 40, 41, 42, 44 doc format of Beneficial Use Determination Instructions
pdf format of                             Beneficial Use Determination Instructions

  2. Form: BWP SW 39, 40, 41, 42, 44 doc format of Beneficial Use Determination Form
pdf format of                             Beneficial Use Determination Form

  3. Transmittal Form & Number for Permit Application & Payment

Permit Fact Sheet 

  1. What is the purpose of these determinations?

    Some types of solid waste may be used as an effective substitute for a commercial product or commodity. This is termed "beneficial use" of a solid waste. MassDEP must determine that this use of solid waste is beneficial and will not harm public health or the environment. The material is then classified as a secondary material and not as a solid waste. The approval may limit use of the material to a specific location or to a specific application of the material, or both.

    Legal authority is found in MGL c. 21A, ss. 2 and 8, c. 111, ss. 150A. Regulatory authority is found in 310 CMR 19.000: Solid Waste Management Regulations, specifically 310 CMR 19.060, Beneficial Use of Solid Wastes.

  2. Who must apply?

    Any individual, business or organization that wants to beneficially use solid waste materials or to modify an existing beneficial use determination approval.

 2a. Which application should I file, BWP SW 39, BWP SW 40, BWP SW 41, BWP SW 42 or BWP SW 44?

The application you should use is determined by the intended use of the material as defined below.  In addition, modifications of existing beneficial use determinations are subject to the modification category also listed below.

BWP SW 39.  Category 1 -- Use of Secondary Materials in Commercial Products.
Products manufactured from secondary materials or secondary materials that are directly used as products are considered commercial products under the following conditions:

      • When the product is used in a manner that is consistent with industry accepted product specifications or performance standards;
      • When the product is controlled and managed throughout its lifecycle in a manner that effectively limits potential for illegal or inadvertent disposal or releases of hazardous material to the environment and exposure to people;
      • When any adverse impacts or significant risks to public health, safety and the environment, including, but not limited to, nuisance conditions, can be evaluated and controlled.
      • Products applied to the land cannot be considered commercial products.

BWP SW 40. Category 2 -- Use of Secondary Materials in Regulated Systems.  Beneficial use of secondary materials at facilities permitted, approved or otherwise regulated by the Department.

BWP SW 41. Category 3 -- Use of Secondary Materials in Restricted Applications. Secondary materials that are beneficially used in applications that utilize risk management techniques in order to prevent adverse impact or significant risks to public health, safety and the environment, including, but not limited to, nuisances.

BWP SW 42. Category 4 -- Use of Secondary Material in Unrestricted Applications  Secondary materials that are beneficially used in applications that do not limit exposure to potential human or environmental receptors from secondary material constituents that have the potential to adversely impact or create a risk to public health, safety, or the environment, including, but not limited to, nuisance conditions. Unrestricted beneficial use proposals are subject to the most comprehensive risk evaluations.

BWP SW 44.  Modification -  This permit category is used any time an applicant wants to modify an existing previously approved beneficial use determination permit.

For more clarification on which application to use please see 310 CMR 19.060, the “Guidance for Beneficial use Determinations” or contact MassDEP.

  1.  What other requirements should be considered when applying for these determinations?

    The proponent must gather the appropriate data on the physical, chemical and biological nature of the material for which a beneficial use determination is requested. The generator of the waste material may be able to provide most or all of the required information.  All relevant analytical data must be documented and provided by a certified laboratory.

    All risk assessments, evaluations and other analysis must be performed by qualified and appropriate professionals experienced in that field of expertise.

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

  2. What is the application fee?

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

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

    For beneficial use determinations that will be for a use contained within a single MassDEP Regional Office

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

    Reserve Copy Location:
    Board of Health
    (See note).

    Find Your Region

    For beneficial use determinations that are requesting approval for use at any location throughout the state
    Department of Environmental Protection
    Business Compliance Division
    Bureau of Waste Prevention
    One Winter Street
    Boston, MA 02108

    Note: A copy of the application must be sent to the board of health for the community in jurisdiction of which the material is to beneficially used unless MassDEP determines that the proposed use is not limited to a specific location and therefore it is not practical to identify the board of health. The applicant should consult the appropriate MassDEP regional office by phone or letter before the application is made.

  4. 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

  5. What is the annual compliance fee?

    There is no annual compliance fee for these determinations.

  6. How long are these determinations in effect?

    There is no specific time limit to a determination of beneficial use unless stipulated for one time use of the material or as otherwise limited by the approval.

  7. 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 Regulations, 310 CMR 19.000.
    2. Timely Action Schedule and Fee Provisions, 310 CMR 4.00.

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

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