Wastes Subject to Exemption from 310 CMR 30.000

A waste identified in 310 CMR 30.104 is exempt from the requirements of 310 CMR 30.000 when handled in compliance with the requirements, if any, established by or referenced in 310 CMR 30.104 for that waste. A waste that is exempted from 310 CMR 30.000 may still be subject to other federal, state or local requirements. A waste identified in 310 CMR 30.104 that is not managed in compliance with the terms established by or referenced in 310 CMR 30.104 is a hazardous waste and is subject to all applicable requirements of 310 CMR 30.000. (1) Wastes Based Upon Exclusions from the Definition of Hazardous Waste Pursuant to M.G.L. c. 21C. (a) Domestic sewage and any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works, provided that the other waste is legally discharged to the sewer system. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system. (b) Industrial wastewater discharges that are point source discharges permitted pursuant to M.G.L. c. 21, § 43 or subject to permits under section 402 of the Federal Water Pollution Control Act of 1967 as amended, or managed in compliance with 310 CMR 71.00. This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment. (c) Irrigation return flows. (d) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 43 U.S.C. § 2011 et seq. (2) Wastes Otherwise Excluded from 310 CMR 30.000. (a) Waste exempt pursuant to: 1. 310 CMR 30.102(2)(c)1. or 2.; 2. 310 CMR 30.105(1) addressing certain PCB wastes regulated pursuant to the Toxic Substances Control Act; or 3. 310 CMR 30.106: Residues of Hazardous Waste in Empty Containers. (b) The material is a recyclable material reclaimed in compliance with 310 CMR 30.202(5) or 30.280(2). (c) The waste ceases to be a hazardous waste pursuant to 310 CMR 30.141. (d) The waste is listed in 310 CMR 30.130 through 30.136 but has been classified as non­ hazardous pursuant to 310 CMR 30.142; or (e) The following wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, provided they do not exhibit any of the characteristics described pursuant to 310 CMR 30.120 through 30.125: 1. Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332); 2. Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in 310 CMR