310 CMR 19.017
Waste Bans.
(b) For the purpose of 310 CMR 19.130 liquid wastes means any material that drains freely
or contains free draining liquids, as determined by using the Paint Filter Liquids Test,
Method 9095 as described in USEPA Publication SW-846.
(13) Bird Hazards. The operator of facilities located in proximity to airports shall operate and
maintain the facility in such manner as to minimize, to the extent practicable, the potential for
the facility to pose a bird hazard to aircraft.
(14) Dust Control. The operator shall undertake suitable measures to control dust wherever and
whenever necessary at the site, the access road, and any other areas related to or under control
of the waste handling facility operator to prevent nuisance conditions. Water shall not be used
for dust control in amounts that produce excessive infiltration, ponding, runoff or erosion.
(15) Vector Control.
(a) The operator shall cause routine waste handling facility operations to be carried out
promptly in a systematic manner and shall take preventative measures to maintain conditions
unfavorable for the attraction or production of insects, birds, rodents and other vectors.
(b) The Department may require a routine program for the control and elimination of insects
and rodents and other vectors at the or handling 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.
(c) The application of pesticides shall be made only by a pesticide operator licensed by the
Massachusetts Pesticide Board.
(16) Control of Wind-blown Litter.
(a) The operator shall take measures to prevent the scattering of refuse and wind-blown
litter, including incorporating litter fencing, natural barriers or other devices to prevent the
scattering of solid waste beyond the facility.
(b) The operator shall provide for routine maintenance and general cleanliness of the entire
handling facility area. Such provisions are to be detailed on the engineering plans or written
operating procedures.
(17) Staffing.
(a) The operator shall provide an adequate number of trained staff to ensure that the facility
is operated and maintained as designed and in accordance with good solid waste management
practices.
(b) During hours of operation the operator shall be continuously present at the handling
facility.
(18) Employee Facilities.
(a) The operator shall provide proper shelter and facilities for employees working at the
facility. The shelter and facilities shall contain:
1. sufficient light and heat;
2. a safe drinking water supply;
3. sanitary handwashing and toilet facilities;
4. an operational telephone or two-way radio system; and
5. other equipment or appurtenances necessary for full compliance with federal and
state worker health and safety requirements.
(19) Accident Prevention and Safety.
(a) All employees shall be instructed in the principles of first-aid and safety and in the
specific operational procedure necessary to prevent accidents.
(b) The operator shall provide and maintain adequate first-aid supplies at the site at all
times.
(c) The operator shall provide for two-way radios or telephones and ensure that the numbers
for emergency medical care and ambulances are posted at the site.
(20) Fire Protection. The operator shall take suitable measures for the prevention and control
of fires at the facility by complying with at least the following:
(a) 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;
(b) A separate area shall be provided, located away from combustible materials, refuse and
buildings, for quick dumping and quenching or snuffing of hot loads;
(c) Arrange for a nearby fire department to provide emergency service whenever called; and
(d) Mount detachable fire extinguishers, maintained in working order, on all equipment and
in all buildings.
(e) The operator shall ensure that no materials are stored, held, maintained or placed at a
handling facility in such a manner as to pose a fire hazard.
(f) The operator shall be responsible for seeking fire-fighting assistance, initiating and
providing assistance and/or resources for fire-fighting actions until all smoldering, smoking
and burning cease.
(21) Recycling Operations.
(a) 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
routine handling facility operations.
(b) 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.
(c) All accumulated recyclable materials shall be removed from the facility at least every
60 days and/or at such other times as may be specified by the Department.
(d) Recyclable materials 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.
(22) Records for Operational and Plan Execution.
(a) The operator shall maintain a daily log to record operational information, including but
not limited to the type and quantity of solid waste received and the status of all
environmental control or monitoring systems.
(b) The operator of existing or new handling facilities receiving 100 tons or more per day
shall weigh all incoming solid waste.
(c) Operators of handling facilities that receive less than 100 tons per day shall, on a daily
basis, estimate the total weight and volume of waste delivered based upon the capacity of the
vehicles which delivered solid waste to the facility.
(d) The operator shall submit to the Department, no later than February 15 of each calendar
th
year, an annual report summarizing the facility's operations for the previous calendar year or
portion of a calendar year that waste is handled at the facility. Where the Department
provides a form for annual reporting, the report shall be made on, and shall contain, all
information as requested by that form. Otherwise, the report shall describe and summarize:
1. the amount of solid waste handled during that year with the quantity reported in tons;
2. all environmental monitoring and sampling data trends from ground water, surface
water and gas monitoring systems from the monitoring required by the facility permit;
and
3. a demonstration of how the handling facility’s operations during the year complied
with the provisions of the recycling and composting plan contained as part of the
facility's solid waste management permit.
(23) Screening and/or Fencing. The Department may require that the handling facility be
suitably screened by fencing, or other approved methods, to shield the area from adjoining
properties.
(24) Open Burning. No open burning of any refuse, including brush, wood or diseased trees
shall be permitted at the handling facility site at any time of the year except as may be expressly
permitted by the Department pursuant to 310 CMR 7.07: U Open Burning.
(25) Inspections. The facility shall be inspected by a third party inspector in accordance with
310 CMR 19.018, and such third-party inspection shall be conducted in accordance with the
frequency and other requirements of 310 CMR 19.018, unless more frequent inspections or more
stringent requirements are contained in the terms of any approval, order or other document issued
by the Department pursuant to 310 CMR 19.000.
(26) End-of-life Mercury-added Products. Mercury-added products that are hazardous waste
pursuant to 310 CMR 30.000: Hazardous Waste shall be handled in accordance with 310 CMR
30.000: Hazardous Waste. Mercury-added products that are not hazardous waste shall be
handled in accordance with 310 CMR 76.05(2).
CLASS II RECYCLING PROGRAM