Uncontainerized Waste

(1) Remedial actions involving the storage, collection, treatment, disposal, containment, recycling or reuse of uncontainerized oil or waste oil within the boundaries of a disposal site shall be conducted in compliance with 310 CMR 40.0000. (2) RPs, PRPs and Other Persons who store Uncontainerized Hazardous Waste at a site, exclud­ ing oil or waste oil, shall do so in accordance with the management requirements of 310 CMR 30.000: Hazardous Waste. When storing such waste at a site for a period greater than 90 days the RP, PRP or Other Person shall provide, for the purposes of 310 CMR 30.801(11), written documentation to the Department in the next response action submittal that: (a) the storage complies with the management requirements of 310 CMR 30.000: Hazardous Waste; (b) provides a description of the type, quantity, and generation rate of any Uncontainerized Hazardous Waste being stored or accumulated; (c) provides justification for storage longer than 90 days; and (d) includes a projected timeline for storage of such wastes. (3) RPs, PRPs and Other Persons conducting remedial actions that involve the treatment, disposal, recycling or reuse of Uncontainerized Hazardous Waste, excluding oil or waste oil, within the boundaries of a disposal site shall submit a written notice to the Department a minimum of 60 days prior to the initiation of such activities, except for response actions conducted as part of an Immediate Response Action. (4) The notice required by 310 CMR 40.0033(3) shall include, without limitation, the follow­ ing: (a) the address and Release Tracking Number(s) for the site; (b) the type of activity and why the activity may be subject to permitting requirements of 310 CMR 30.000: Hazardous Waste; (c) the type and quantity of Uncontainerized Hazardous Waste; (d) a schedule; and (e) a discussion of the reason for and goal of the activity. 40.0033: continued (5) The Department shall review notices made pursuant to 310 CMR 40.0033(3) and determine whether the remedial action shall comply with all or part of the permitting requirements of 310 CMR 30.000. In determining whether or not compliance with all or only portions of the permitting requirements of 310 CMR 30.000: Hazardous Waste is required, the Department shall consider, without limitation: (a) the volume and toxicity of the Uncontainerized Hazardous Waste; (b) the nature of the proposed remedial action; and (c) the potential for the proposed remedial action to impact health, safety, public welfare, and the environment. If the Department does not issue a written notification that such remedial action requires compliance with all or part of the permitting requirements of 310 CMR 30.000: Hazardous Waste within 45 days of receiving such notice, the remedial action shall be considered, for the purposes of 310 CMR 30.801(11), a remedial action initiated by the Department under the provisions of M.G.L. c. 21E.