Special Requirements for Miscellaneous Units

(1) Applicability. 310 CMR 30.606(1) through (4), prescribe requirements which apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes in miscellaneous units. (2) Environmental Performance Standards. A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that shall ensure protection of public health, safety and welfare and the environment. Licenses for miscellaneous units shall contain such terms and provisions as appropriate to comply with applicable provisions of 310 CMR 30.500 through 30.900 as well as to protect public health, safety and welfare and the environment, including, but not limited to, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or hazardous constituents from the unit. Protection of public health, safety and welfare and the environment shall include but is not limited to: (a) Prevention of any releases that may have adverse effects on public health, safety, welfare, or the environment due to migration of waste constituents in the ground water or subsurface environment, considering 1. The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures; 2. The hydrologic and geologic characteristics of the unit and the surrounding area; 3. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater; 4. The quantity and direction of groundwater flow; 5. The proximity to and withdrawal rates of current and potential groundwater users; 6. The patterns of land use in the region; 7. The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation; 8. The potential for health risks caused by human exposure to waste constituents; and 9. The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents. (b) Prevention of any releases that may have adverse effects on public health, safety and welfare, or the environment due to migration of waste constituents in surface water, or in or on any water or land described in 310 CMR 10.02(1), or on the soil surface, considering 1. The volume and physical and chemical characteristics of the waste in the unit; 2. The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration; 3. The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit; 4. The patterns of precipitation in the region; 5. The quantity, quality, and direction of groundwater flow; 6. The proximity of the unit to surface waters and to water or land described in 310 CMR 10.02(1); 7. The current and potential uses of nearby surface waters and any water quality standards established for those surface waters; 8. The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils; 9. The patterns of land use in the region; 10. The potential for health risks caused by human exposure to waste constituents; and 11. The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents. (c) Prevention of any release that may have adverse effects on public health, safety or welfare or the environment due to migration of waste constituents in the air, considering 1. The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates; 2. The effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air; 3. The operating characteristics of the unit; 4. The atmospheric, meterologic, and topgraphic characteristics of the units and the surrounding area; 5. The existing quality of the air, including other sources of contamination and their cumulative impact on the air; 6. The potential for health risks caused by human exposure to waste constituents; and 7. The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents. (3) Monitoring, Analysis, Inspection, Response, Reporting and Corrective Action. The owner or operator of each miscellaneous unit shall comply with the requirements of 310 CMR 30.515: General Inspection, 30.524(3): Testing and Maintenance of Equipment,