General Provisions

(1) No person shall recycle any Class B(4) regulated recyclable material, or engage in any other activity involving Class B(4) regulated recyclable material if a Class B(4) permit is required for that activity, unless either (a) that person has applied for and obtained a Class B(4) permit, said permit is in effect when the recycling or other activity is being done, and said permit authorizes the recycling or other activity being done, or (b) the Class B(4) regulated recyclable material is recycled or otherwise handled in compliance with all provisions of 310 CMR 30.000 other than 310 CMR 30.200; or (c) the Class B(4) regulated recyclable material is D011 silver fixer solution, the generator is a Very Small Quantity Generator and operates in compliance with 310 CMR 30.353, the generator need not apply for or obtain a Class B(4) permit. (2) If a person described in 310 CMR 30.271(1) has a Class B(4) permit issued pursuant to 310 CMR 30.270, and does not have a license issued pursuant to 310 CMR 30.500, 30.600, 30.700, and 30.800, that person shall (a) not recycle any Class A, Class B(1), Class B(2), Class B(3), Class B(5), or Class C regulated recyclable material, or any other material that is regulated pursuant to 310 CMR 30.000, unless that person also has whatever license or permit is required by 310 CMR 30.000 for such activity; and (b) not receive from off the site of generation, or contract to receive from off the site of generation, any Class A, Class B(1), Class B(2), Class B(3), Class B(5), or Class C regulated recyclable material, or any other material that is regulated pursuant to 310 CMR 30.000, unless that person also has whatever license or permit is required by 310 CMR 30.000 for such activity; and (c) notify the EPA and the Department pursuant to 310 CMR 30.060 through 30.064. (3) A permit may be granted pursuant to 310 CMR 30.270 for the handling of Class B(4) regulated recyclable material only if the precious metals are actually recovered in the form of either a metal or an economically valuable chemical combination or compound. If precious metals are not intended to be, or are not, recovered from Class B(4) regulated recyclable material, such material shall be handled in compliance with 310 CMR 30.213 and 310 CMR 30.271, shall not be subject to any other provisions of 310 CMR 30.200, and shall be handled in compliance with all other applicable provisions of 310 CMR 30.000. (4) Notwithstanding the provisions of 310 CMR 30.202(2) and 310 CMR 30.271(1), the Department may decide on a case-by-case basis that any person who intends to or does engage in any activity described in 310 CMR 30.271(1) shall comply with all provisions of 310 CMR 30.000 in lieu of the provisions of a Class B(4) permit. (a) In every proceeding, the burden shall be on the applicant for, or the holder of, a Class B(4) permit to persuade the Department that the applicant or permittee intends to or does engage in any activity described in 310 CMR 30.271(1) in a manner that protects public health, safety, and welfare, and the environment. (b) A Class B(4) permit shall be granted, and shall be allowed to remain in effect, only to the extent, and only while, the Department is persuaded that the applicant or permittee engages in, and will continue to engage in, the activity described in 310 CMR 30.271(1) in a manner that protects public health, safety, and welfare, and the environment. (c) In making this decision, the Department may consider, among other things: 1. The types and amounts of materials that are, or are intended to be, accumulated or stored; 2. The method by which materials are, or are intended to be, accumulated or stored; 3. The length of time the materials have been, or are intended to be, accumulated or stored; 4. Whether any contaminants are being released into the environment, or are likely to be so released; and 5. Other relevant factors. (d) If the Department decides that an applicant or permittee shall be regulated pursuant to all provisions of 310 CMR 30.000, the Department shall send to the applicant or permittee a brief written response giving a reason for the Department's decision. Except as provided in 310 CMR 30.890, the Department's decision shall not be subject to public notice, public comment, or public hearings. (e) The applicant or permittee shall comply with the Department's decision and with all applicable provisions of 310 CMR 30.000 pursuant to a compliance schedule set forth in the decision, provided that transporters and owners or operators of facilities shall submit applicable permit applications within no less than 60 days and no more than six months after the date of the Department's final decision.