Transport and Manifest Standards

(1) A transporter of Class B(4) regulated recyclable material shall either (a) be licensed to transport hazardous waste pursuant to 310 CMR 30.000, or (b) have a Class B(4) permit issued pursuant to 310 CMR 30.275. (2) Any person who intends to or does transport Class B(4) regulated recyclable material shall at all times manage such material (a) as hazardous waste in full compliance with 310 CMR 30.400 and all other applicable provisions of 310 CMR 30.000, or (b) in full compliance with 310 CMR 30.274 and a Class B(4) recycling permit issued pursuant to 310 CMR 30.275. (3) Unless otherwise specifically provided in 310 CMR 30.274(3), all Class B(4) regulated recyclable material shall at all times be accompanied by a hazardous waste manifest filled out, signed, and distributed in compliance with all provisions of 310 CMR 30.000 governing the filling out, signing, and distribution of copies of manifests. The following material need not be accompanied by a manifest: (a) Useable end products (e.g. metal ingots) of the recycling of Class B(4) regulated recyclable material when such end products are returned to trade use. (b) Intermediate products of the recycling of Class B(4) regulated recyclable material if such products neither appear in the lists set forth in 310 CMR 30.131 through 30.136 nor have the characteristics of a hazardous waste set forth in 310 CMR 30.120 through 30.125. (4) A transporter of Class B(4) regulated recyclable material may transport such material, or cause or allow such material to be transported, only to a facility or transporter that is (a) a Massachusetts facility that has a facility license pursuant to 310 CMR 30.800, or (b) a Massachusetts facility that has a Class B(4) permit pursuant to 310 CMR 30.277, or (c) a facility outside of Massachusetts that either is designated a facility by the EPA pursuant to 40 CFR Part 266 Subpart F, or that has an equivalent State designation or authorization, or (d) another transporter who is either described in 310 CMR 30.403(2), (3), or (4), or who has a Class B(4) permit issued pursuant to 310 CMR 30.275. (5) If Class B(4) regulated recyclable material is accompanied by a manifest, a transporter of such material may transport such material, or cause or allow such material to be transported, only to a facility or transporter that is described in 310 CMR 30.274(4) and that is specified on the manifest accompanying the material. (6) If the transporter has a Class B(4) permit issued pursuant to 310 CMR 30.275 and does not have a license issued pursuant to 310 CMR 30.400 and 310 CMR 30.800, the transporter shall: (a) not collect or transport 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 the transporter also has whatever license or permit is required by 310 CMR 30.000 for such activity, and (b) collect such material, or cause or allow such material to be collected, only from 1. any generator in compliance with 310 CMR 30.300 or who has a Class B(4) permit pursuant to 310 CMR 30.273 or a person who generates only D011 silver fixer solution as described in 310 CMR 30.271(1)(c), or 2. a Massachusetts facility that has a facility license pursuant to 310 CMR 30.800, or 3. a Massachusetts facility that has a Class B(4) permit pursuant to 310 CMR 30.277, or 4. a facility outside of Massachusetts that either is designated a facility by the EPA pursuant to 40 CFR Part 266 Subpart F, or that has an equivalent State designation or authorization, or 5. a transporter who is either described in 310 CMR 30.403(2), (3), or (4), or who has a Class B(4) permit issued pursuant to 310 CMR 30.275, and (c) notify the EPA and the Department pursuant to 310 CMR 30.060 through 30.064, and (d) obtain and maintain in effect a certification or other written statement by and from the Massachusetts Department of Public Utilities that the transporter is in compliance with M.G.L. c. 159B, and (e) comply with the requirements set forth in 310 CMR 30.404 through 30.406, 30.408 through 30.409, 30.413, and 30.415, and (f) have at all times on all vehicles used for the transport of Class B(4) regulated recyclable materials, while such materials are in the vehicles, all markings, including placards, required by statute or regulation applicable to such materials, and (g) obtain and maintain in effect at all times evidence of financial responsibility acceptable to the Department, and (h) have at all times in the cab of all vehicles used for transport of Class B(4) regulated recyclable materials, while such materials are in the vehicles information, in a form satisfactory to the Department, identifying the owner and operator of each vehicle.