Applicability

(1) 310 CMR 30.201 through 30.299, cited collectively as 310 CMR 30.200, are intended to protect public health, safety, and welfare, and the environment, by regulating the handling of waste oil, and of other materials which would be hazardous wastes if they were disposed of, or stored or treated prior to being disposed of. 310 CMR 30.200 applies to materials that would be hazardous wastes if disposed of, but are recycled in compliance with 310 CMR 30.200 instead of being disposed of. 310 CMR 30.200 does not apply to nonhazardous materials being recycled. Except as provided in 310 CMR 30.201, 30.211, and 30.250, 310 CMR 30.200 does not apply to the disposal of hazardous waste, or to the accumulation, storage, or treatment of hazardous waste prior to being disposed of (such activities are regulated elsewhere in 310 CMR 30.000). 310 CMR 30.200 does not apply to inherently waste-like materials even when such materials are recycled. (2) 310 CMR 30.200 is promulgated pursuant to the authority set forth in 310 CMR 30.001. With respect to recyclable material, 310 CMR 30.200 is also promulgated pursuant to the authority given by M.G.L. c. 21C, § 4 to waive regulation where there is no significant potential hazard to the public health, safety, or welfare, or the environment. If an action is taken with respect to recyclable material which is consistent with 310 CMR 30.200 but creates a significant potential hazard to public health, safety, or welfare, or the environment, 310 CMR 30.200 shall cease to be applicable to that action, and that action shall be subject to all other provisions of 310 CMR 30.000.